JOURNAL 


PROCEEDINGS 


CONSTITUTIONAL 


CONVENTION 


STATE    OF    ALABAMA, 


HELD    IN    THE 


CITY  OF  MONTGOMERY, 

COMMENCING     MAY     21ST,     1901, 


With  an  Index  prepared  by  the  Secretary. 


MONTGOMERY,    ALABAMA 

THE    BROWN    PRINTING    COMPANY,     PRINTERS    AND  BINDERS 

1901 


Tta  fa.  6" 
J90/ 


JOURNAL. 


FIRST  DAY. 

Constitutional  Convention  Hall.. 

Montgomery,  Ala.,  May  21,  1901. 

In  compliance  with  the  terms  of  an  Act  entitled  "An 
Act  to  Revise  and  Amend  the  Constitution  of  the  State 
of  Alabama,"  approved  December  11th,  1900,  there  as- 
sembled in  the  Hall  of  the  House  of  Representatives  in 
the  Capitol  in  the  city  of  Montgomery  on  this,  May  21st, 
1901,  at  12  o'clock  noon  meridian,  a  Convention,  com- 
posed of  duly  elected  and  accredited  representatives  of 
the  people  of  Alabama,  for  the  purpose  indicated  in  said 
Act.  Hon.  Thomas  N.  McClellan,  Chief  Justice  of  the 
Supreme  Court  of  Alabama,  as  directed  by  the  enabling 
act,  called  the  Assembly  to  order  promptly  at  the  noon 
hour,  and  appointed  the  Secretary  of  State,  Hon.  Robert 
P.  McDavid,  to  act  as  Secretary  of  the  temporary  organ- 
ization. 

The  Chief  Justice  referred  the  attention  of  the  mem- 
bers to  the  Act  providing  for  the  organization  of  the 
Convention,  and  from  a  list  of  duly  elected  delegates,, 
which  had  been  certified  to  him  by  the  Secretary  of  State, 
he  called  the  names  of  the  members,  all  of  whom  came 
forward  and  enrolled  themselves  as  follows : 
Messrs.  D.  C.  Almon,  D.  S.  Bethune, 

W.  A.  Altman,  Samuel  Blackwell,. 

John  T.  Ashcraft,  B.  Boykin  Boone, 

Wm.  H.  Banks,  Leslie  E.  Brooks, 

J.  H.  Barefield,  Cecil  Browne, 

W.  H.  Bartlett.  Thos.  L.  Bulger, 

J.  Robert  Beavers,  John  D.  Burnett,. 

C.  P.  Beddow,  John  P.  Burns,. 

ivil8S95 


Journal  of  Alabama 


Jolm  A.  B  jars, 
H.  W.  Cardon, 

A.  H.  Carmicliael, 
M.  S.  Carmicliael, 
G.  H.  Carnatlion, 

D.  C.  Case, 
Keuben  Chapman, 
James  E.  Cobb, 
W.  T.  L.  Cofer, 

E.  W.  Coleman, 
Thomas  ^V.  Coleman, 
Thomas  J.  Cornwell, 

B.  H.  Craig, 

K.  M.  Cimningham, 

Herbert  T.  Davis, 

John  A.  Davis, 

S.  H.  Dent, 

Edw.  \S\  (leGraffenried, 

J.  B.  Duke, 

B.  T.  Eley, 
John  C.  Eyster, 
T.  M.  Espy, 

Chas.  W.  Ferguson, 
Wm.  C.  Fitts, 
A.  S.  Fletcher, 
J.  M.  Foshee, 
J.  M.  Foster, 
Newman  H.  Freeman, 
John  A,  Gilmore, 
W.  F.  Glover, 
Edward  A.  Graham, 
Joseph  B.  Graham, 
L.  W.  Grant, 
John  W.  Grayson, 
Charles  H.  Greer, 
L.  F.  Greer, 

C.  L.  Haley, 
William  A.  Handley, 
Geo.  P.  Harrison, 
John  T.  Heflin, 

J.  Thomas  Heflin, 
J.  C.  Henderson, 
Evans  Hinson, 
P.  W.  Hodges, 
O.  R.  Hood, 


W.  P.  Howell, 
A.  C.  Howze, 
W.  B.  Inge, 
E.  C.  Jackson, 
Samuel  C.  Jenkins, 
John  C.  Jones, 
James  McLean  Jones, 
Bichard  C.  Jones, 
Thomas  G.  Jones, 
John  J.  King, 
James  T.  Kirk, 
W.  W.  Kirkland, 
Wm.  N.  Knight, 
John  B.  Knox, 
R.  B.  Kyle, 
E.  W.  Ledbetter, 
Lawrence  W.  Locklin, 
Tennent  Lomax, 
J.  Lee  Long, 
T.  L.  Long, 
Robert  J.  Lowe, 
W.  T.  Lowe, 
Gordon  Macdonald, 
Lee  McMillan, 
Geo.  H.  Malone, 
J.  T.  Martin, 
J.  C.  Maxwell, 
A.  H.  Merrill, 
Charles  H.  Miller, 
Joseph  N.  Miller, 
Milo  Moody, 
E,  R.  Morrisette, 
W.  O.  Mulkey, 
Joel  D.  Murphree, 
C.  C.  NeSmith, 
J.  D.  Norman, 
Norvelle,  R.  Leigh,  Jr. 
Joseph  Norwood, 
Wm.  C.  Gates, 
Emmet  O'Neal, 
John  W.  O'Neill, 
Henry  Opp, 
Rufus  A.  O'Rear, 
Dabney  Palmer, 
George  H.  Parker, 


Constitutional   Convention. 


5 


John  H.  Parker, 
James  P.  Pearce, 
Erie  Pettus, 
E.  A.  Phillips, 
Harry  Pillans, 
P.  H.  Pitts, 
John  H.  Porter, 
John  F.  Porter, 
John  F.  Proctor, 
Henry  Fontaine  Reese, 
N.  P.  Renfro, 
Lewis  H.  Reynolds, 
E.  J.  Reynolds, 
J.  J.  Robinson, 
John  A,  Rogers, 
G.  J.  Rogers,  Sr., 
Wm.  H.  Samford, 
W.  T.  Sanders, 
John  W.  A.  Sanford, 
George  A.  Searcy, 
Henry  C.  Selheimer, 
J.  O.  Sentell, 
J.  B.  Sloan, 
Gregory  L.  Smith, 
Mac  A.  Smith, 


Morgan  M.  Smith, 
Michael  Sollie, 
George  A.  Sorrell, 
N.  B.  Spears, 
Robert  E.  Spragins, 
J.  H.  Stewart, 
S.  L.  Studdard, 
W.  H.  Tayloe, 
J.  F.  Thompson, 
Watkins  M.  Vaiighan. 
Boswell  deG.  Waddell, 
Richard  W.  Walker, 
Thomas  H.  Watts, 
John  B.  Weakley, 
James  Weatherly, 
Frank  S.  Wliite, 
W.  W.  Whiteside, 
E.  D.  Willet, 
A.  E.  Williams, 
Gesner  Williams, 
Jere  N.  Williams, 
E.  P.  Wilson, 
Massey  Wilson, 
James  J.  Winn. 


The  Chief  Justice  then  administered  the  following 
oath  to  the  whole  body,  standing,  it  being  in  the  lan- 
guage of  the  oath  presented  in  the  Enabling  Act,  to- 
wit: 

"I  do  solemnly  swear  that  I  will  support  the  Con- 
stitution of  the  United  States,  and  I  will  honestly  and 
faithfully  perform  the  duties  which  are  now  to  devolve 
on  me  as  a  delegate  of  this  Convention,  so  help  me 
God." 

Upon  motion  of  !Mr.  Harrison,  of  Lee,  the  Conven- 
tion then  adjourned  until  11  o'clock  a.  m.  on  tomorrow. 


JouKXAL  OF  Alabama. 


SECOND  DAY. 

Constitutional  Convention  Hall. 
Montgomery,  Ala.,  Wednesday,  May  22,  1901. 

The  Convention  was  called  to  order  by  the  Chief 
Justice  at  11  a.  m. 

The  Divine  blessing  was  invoked  by  the  Rev.  Mr. 
Patterson,   of   Montgomery. 

Upon  the  call  of  the  roll  150  members,  a  quorum,  re- 
sponded as  follows: 


Messrs.  Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

B.urns, 

Byars, 

Cardon, 

Carmicliael  (Colbert), 

Carmichael  ( Coffee ) , 

Carnathon, 

Oase, 

Chapman, 

Cobb, 

Col  eman  ( 0  reene ) , 

Coleman  (Walker), 

Corn  well, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 


deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

(xilmore, 

Glover, 

Graham  ( Montgomery 

Graham  ( Talladega ) , 

Grant, 

Grayson, 

Greer  ( Calhoun ) , 

Greer  (Perrv), 

Haley, 

Handley, 

Harrison, 

Heflin  ( Chambers) , 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood. 

Howell, 

Howze, 

Tnge, 


Constitutional  Convention. 


JacksoD, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

King, 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  ( Baldwin) 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Oates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 


Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese 

Kenfroe, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaughan, 

W^iddell, 

Walker, 

Watts, 

Weakley, 

Weatherly. 

White, 

Whiteside, 

Willett, 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington), 

WiDi>— 150. 


8  Journal  of  Alabama 

Mr,  Graham  moved  that  the  Convention  proceed  to 
the  election  of  permanent  officers,  which  motion  pre- 
vailed. 

Mr,  T,  W.  Coleman  placed  in  nomination  for  Presi- 
dent of  the  Convention  ^Ir.  John  B,  Knox  of  Calhoun. 
The  motion  was  seconded  by  Mr,  J.  Thomas  Heflin,  of 
Chambers.  No  other  nominations  being  made,  Mr. 
Coleman  moved  that  the  rules  be  suspended  and  that 
Mr.  Knox  be  elected  by  acclamation,  which  motion  pre- 
vailed, Mr,  Knox  was  thereupon  unanimously  elected 
by  acclamation. 

The  Chair  appointed  Messrs,  T.  W.  Coleman,  Gates 
and  Lomax  to  advise  Mr.  Knox  of  his  election  and  es- 
cort him  to  the  President's  chair. 

The  Chief  Justice  presented  Mr.  Knox  to  the  Con- 
vention as  its  President,  and  relinquished  to  him  the 
chair. 

In  accepting  it  Mr.  Knox  said: 
Gentlemen  of  the  Convention : 

I  thank  you  for  the  high  honor  you  have  conferred 
in  elevating  me  to  preside  over  the  deliberations  of  this 
Convention.  Viewed  from  the  standpoint  of  my  pro- 
fession, to  which,  up  to  this  moment,  my  life's  work 
has  been  devoted,  it  is  a  great  honor,  indeed;  for  I 
know  of  no  higher  honor  than  can  be  conferred  upon  a 
lawyer  than  to  be  made  President  of  the  Constitutional 
Convention,  which  represents  the  sovereignty  of  his 
people,  and  numbers  among  its  delegates,  in  large  part, 
the  intellect  and  talent  of  the  State — ^those  who  have 
in  the  past,  and  who  will  in  the  future  exert  a  potent 
influence  in  shaping  and  directing  the  affairs  of  the 
State. 

IMPORTANCE  OF  THE  ISSUE. 

In  my  judgment,  the  people  of  Alabanui  have  been 
called  upon  to  face  no  more  important  situation  than 
now  confronts  us,  unless  it  be  w^hen  they,  in  1861,  stir- 
red by  the  momentous  issues  of  impending  conflict  be- 
tween the  North  and  the  South,  Avere  forced  to  decide 


CONSTITXTTIONAL  CONVENTION.  9 

whether  they  would  remain  in  or  withdraw  from  the 
Union. 

Then,  as  now,  the  negro  was  the  prominent  factor  in 
the  issue. 

Tlie  Southern  people,  with  this  grave  problem  of  the 
races  to  deal  with,  are  face  to  face  with  a  new  epoch 
in  Constitution-making,  the  difficulties  of  which  are 
great,  but  which,  if  solved  wisely,  may  bring  rest  and 
peace  and  happiness.  If  otherwise,  it  may  leave  us  and 
our  posterity  continuously  involved  in  race  conflicts, 
or,  what  may  be  worse,  subjected  permanently  to  the 
baneflul  influences  of  the  political  conditions  now  pre- 
vailing in  the  State. 

So  long  as  the  negro  remains  in  insigniflcant  minor- 
ity, and  votes  the  Republican  ticket,  our  friends  in  the 
North  tolerate  him  Avitli  complacency,  but  there  is  not 
a  Northern  State,  and  I  might  go  further  and  say 
there  is  not  an  intelligent  white  man  in  the  North,  not 
gangrened  by  sectional  prejudice  and  hatred  of  the 
South,  who  would  consent  for  a  single  day  to  submit 
to  negro  rule. 

If  the  negroes  of  the  South  should  move  in  such  num- 
bers to  the  State  of  Massachusetts,  or  any  other  North- 
ern State,  as  would  enable  them  to  elect  the  officers, 
levy  the  taxes  and  control  the  government  and  policy 
of  that  State,  I  doubt  not  they  would  be  met,  in  spirit, 
as  the  negro  laborers  from  the  South  were  met  at  the 
State  line  of  Illinois,  with  bayonets,  led  by  a  Republi- 
can G^overnor,  and  flrmly  but  emphatically  informed 
that  no  quarter  would  be  shown  them  in  that  territory. 

One  has  studied  the  history  of  recent  events  to  very 
little  purpose  who  has  failed  to  discover  that  race  pre- 
judice exists  at  the  North  in  as  pronounced  a  form  as 
at  the  South,  and  that  the  question  of  negro  domina- 
tion, when  brought  home,  will  arouse  the  same  opposi- 
tion in  either  section. 

And  what  is  it  that  we  do  want  to  do?  Why,  it  is, 
within  the  limits  imposed  by  the  Federal  Constitution, 
to  establish  white  supremacy  in  this  State. 

This  is  our  problem,  and  we  should  be  permitted  to 
deal  with  it,  unobstructed  by  outside  influences,  with  a 
sense  of  our  responsibilities  as  citizens,  and  our  duty 
to  posterity. 


10  Journal  of  Alabama 

northern  interference. 

Some  of  our  Northern  friends  have  ever  exhibited 
an  unwonted  interest  in  our  affairs.  It  was  this  inter- 
ference on  their  part  that  jjrovoked  the  most  tremen- 
dous conflict  of  modern  times;  and  there  are  not  a  few 
phihmthropists  in  that  section  who  are  still  uneasy  lest 
we  be  permitted  to  govern  ourselves  and  allowed  to 
live  up  to  the  privileges  of  a  free  and  sovereign  peo- 
ple! Some  of  the  same,  in  like  missionary  spirit,  are 
greatly  concerned  about  the  condition  of  the  China- 
man in  China,  but  we  do  not  find  them  appealing  to 
Congress,  or  interfering  with  the  local  policy  of  Cali- 
fornia, a  Northern  State,  for  the  protection  of  the 
Chinaman,  who  is  a  resident  tliei'e,  or  making  any  at- 
tempt to  interfere  with  the  right  of  that  people  to  gov- 
ern themselves,  and  to  provide  for  a  pure  administra- 
tion of  government  and  for  the  protection  of  property! 

If  it  is  the  negro  that  is  the  object  of  their  solicitude, 
it  Avould  seem- — not  to  speak  of  Africa  itself — they 
would  find  an  inviting  fie'd  in  Cuba  and  in  our  new  ac- 
quisitions of  Hawaii,  Porto  Kico  and  the  Philippines. 
The  disinclination  thej^  exhibit  to  enter  this  field  only 
servTS  to  confirm  the  well-grounded  conviction  in  this 
section,  that  the  point  of  their  interference  is  not  so 
much  to  elevate  the  black  man  as  it  is  to  humiliate  the 
"VN'hite  man,  with  whom  they  have  long  been  in  antago- 
nism. 

But  we  may  congratulate  ourselves  that  this  section- 
al feeling,  which  has  served  to  impair  the  harmony  of 
our  common  country,  and  to  limit  the  power  and  retard 
the  development  of  the  greatest  government  on  earth,  is 
fast  yielding  to  reason. 

While  me  may  differ  from  him  politically,  there  is  not 
an  enlightened  and  patriotic  Southern  man  who  fails  to 
see  that  much  of  this  result  is  due  to  the  honorable  and 
statesuianlike  policy  of  the  present  Chief  Executive  of 
these  United  States,  who,  by  the  consideration  he  has 
shown  our  section  in  many  ways,  notably  in  the  Spanish- 
American  war,  and  by  refusing  to  lend  his  approval  to 
any  movement  looking  to  the  reduction  of  our  represen- 


CONSTITI'TIONAL  COXVEXTIOX.  11 

tation  in  Congress  or  in  the  Electoral  College;  has  shown 
himself  capable  of  being  President  of  the  whole  country, 
and  not  merely  one  section  of  it,  and  has  been  enabled  to 
present  the  spectacle  of  a  reunited  people,  and  contrib- 
uted much  to  place  our  government  in  the  very  front 
rank  with  the  nations  of  the  world. 

THE  ATTITUDE  OF  THE  SOUTHERN  MAN  TOWARDS  THE 

NEGRO. 

The  Southern  man  knows  the  negro,  and  the  negro 
knows  him.  The  only  conflict  which  has,  or  is  ever  likely 
to  arise,  springs  from  the  effort  of  ill-advised  friends  in 
the  North  to  confer  upon  him,  without  pre\ioUs  training 
or  preparation,  places  of  power  and  responsibility,  for 
which  he  is  wholly  unfitted,  either  by  capacity  or  experi- 
ence. 

When  it  comes,  however,  to  dealing  with  the  negro, 
in  domestic  service,  or  in  a  business  way,  the  Southerner 
is  infinitely  more  indulgent  to  him  than  his  Northern 
compatriot. 

There  comes  to  us  a  well-authenticated  story  from 
Kentucky,  of  an  old  darky,  who,  after  the  war,  influenced 
by  the  delusion  that  the  only  friends  the  negro  had  were 
in  the  North,  wandered  up  into  Illinois,  hoping  to  find 
an  easy  fortune.  But  here  he  soon  found,  that  while  the 
people  had  much  to  say  to  him  about  the  evils  of  slavery, 
and  the  destiny  of  his  race,  every  one  with  whom  he  did 
business,  held  him  to  a  strict  accountabilit3\  Trained, 
as  he  was,  to  the  slow  movement  of  the  mule  in  the 
Southern  cornfield  and  cotton  patch,  he  could  not  handle 
the  complicated  machinery,  or  keep  pace  Avith  the  quick- 
er methods  of  farming  in  the  West,  and  so  he  was  soon 
cast  adrift.  When  he  asked  for  help  he  was  told  to  go 
to  work,  and  so  he  wandered,  foot-sore  and  weary,  back 
through  Indiana  and  Ohio,  until  he  reached  again  the  old 
Southern  plantation  in  Kentucky.  Finding  the  planter 
comfortably  seated  upon  his  veranda,  the  old  darky  ap- 
proached, hat  in  hand,  and  asked  for  something  to  eat. 


12  Journal  of  Alabama 

"Why,  you  damn  black  rascal,  what  are  you  stopping 
here  for?  Go  iuto  the  kitcheu  and  tell  the  cook  to  give 
you  something-  to  eat." 

"Before  God,  master,"  the  old  darkey  said,  grinning 
from  ear  to  ear,  "them's  the  sweetest  words  I'se  heard 
since  I  left  old  Dixie." 

The  old  man  was  home  at  last.  He  was  among  peo- 
ple who  understood  him,  and  whom  he  understood. 

WHITE    SUPREMACY    BY    LAW. 

But  if  we  would  have  white  supremacy,  we  must  es- 
tablish it  by  law — not  by  force  or  fraud.  If  you  teacb 
your  boy  that  it  is  right  to  buy  a  vote,  it  is  an  easy 
step  for  him  to  learn  to  use  monej^  to  bribe  or  corrupt 
officials  or  trustees  of  any  class.  If  you  teach  your 
boy  that  it  is  right  to  steal  votes,  it  is  an  easy  step  for 
him  to  believe  that  it  is  right  to  steal  whatever  he 
may  need  or  greatly  desire.  The  results  of  such  an  in- 
fluence will  enter  every  branch  of  society;  it  will  reach 
your  bank  cashiers,  and  atfect  positions  of  trust  in 
ever}'  department;  it  will  ultimately  enter  your  courts, 
and  affect  the  administration  of  justice. 

i  submit  it  to  the  intelligent  judgment  of  this  Con- 
vention that  there  is  no  higher  duty  resting  upon  us,  as 
citizens  and  as  delegates,  than  that  which  requires  us 
to  embody  in  the  fundamental  law  such  provisions  as 
will  enable  us  to  protect  the  sanctity  of  the  l)allot  in 
every  portion  of  the  State. 

The  justification  for  whatever  manipulation  of  the 
ballot  that  has  occurred  in  this  State  has  been  the  men- 
ace of  negro  domination.  After  the  war,  by  force  of 
Federal  bayonets,  the  negro  was  placed  in  control  of 
every  branch  of  our  government.  Inspired  and  aided 
by  unscrupulous  white  men,  he  wasted  money,  created 
debts,  increased  taxes  until  it  threatened  to  amount  to 
confiscation  of  our  property.  While  in  ])Ower,  and 
within  a  few  years,  he  increased  our  State  debt  from  a 
nominal  figure  to  nearly  thirty  millions  of  dollars.  The 
right  of  revolution  is  always  left  to  every  people.  Being 
prostrated  by  tlie  etfects  of  the  war,  and  unable  to  take- 


COXSTITUTIUNAL  CUNVEXTIUX.  13 

up  arms  in  their  own  defense,  in  some  portions  of  tliis 
State,  wliite  men,  greatly  in  tlie  minority,  it  is  said,  re- 
sorted to  strategem — used  tlieir  great  intellect  to  over- 
come the  greater  numbers  of  their  black  opponents. 
If  so,  such  a  course  might  be  warranted  when  consid- 
ered as  the  right  of  revolution,  and  as  an  act  of  neces- 
sity ior  self-preservation.  But  a  people  cannot  always 
live  in  a  state  of  revolution.  The  time  comes  when, 
if  they  would  be  a  free,  happy  and  contented  people 
they  must  return  to  a  constitutional  form  of  govern- 
ment, where  law  and  order  prevail,  and  where  every 
citizen  stands  ready  to  stake  his  life  and  his  honor  to 
maintain  it. 

WHAT    REMEDY    SHALL    BE    ADOPTED. 

Upon  the  threshold  of  our  deliberations,  I  will  not 
undertake  to  indicate  to  you  how  you  should  solve  this 
new  and  difficult  question  of  Constitutional  reform.  At 
the  outset  of  this  movement,  I  venture  to  suggest  that 
delegates  should  be  cautious  in  undertaking  to  define 
just  what  provisions  would  be  or  should  be  embodied 
in  the  Constitution;  that  the  new  Constitution,  when 
made  and  placed  before  the  people  for  ratification, 
would  be  and  ought  to  be  the  result  of  the  united  action 
of  the  Convention ;  that  if  one  came  here  with  his  mind 
made  up  and  his  Constitution  in  his  pocket,  he  would 
hardly  be  in  a  fit  condition  to  confer  with  his  fellow- 
delegates  on  this  important  subject  .  I  still  hold  this 
view.  I  fail  to  appreciate  the  idea  of  those  who  seem  to 
think  it  the  duty  of  delegates  to  this  Convention  to 
write  out  and  publish  their  views  before  the  Convention 
meets.  Under  this  plan,  we  would  be  liable  to  have  as 
many  Constitutions  as  delegates.  What  the  people 
want,  in  my  judgment,  is  an  earnest  consideration  of 
and  consultation  upon  these  important  questions,  so  that 
the  finished  work  will  represent  the  united  wisdom  and 
experience  of  the  Convention. 

Mississippi  is  the  pioneer  State  in  this  movement.  In 
addition  to  the  payment  of  a  poll  tax,  there  it  is  pro- 
Tided  that  oulv  those  can  vote  who  have  been  duly  reg- 


14  Journal  of  Alabama 

istered,  aud  oul}-  those  cau  register  who  can  read,  or 
understand  when  read  to  them,  any  clause  in  the  Con- 
stitution.    The  decision  as  to  who  are  sufficiently  in- 
telligent to  meet  the  rexiuirements  of  the  understanding, 
clause  is  exclusively  in  the  hands  of  the  registrars. 

But  to  this  plan,  the  objection  has  been  urged  with 
force  that  it  perpetuates  the  very  form  of  abuse  from 
which  we  are  seeking  to  escape;  that  elections  by  man- 
agers or  registrars  is  not  what  we  want.  Our  aim  should 
be  for  a  correction  of  all  evils  which  threaten  the  purity 
of  the"  ballot  and  the  morals  of  the  people. 

The  provision  adopted  in  South  Carolina  requires  the 
payment  of  the  poll  tax,  assessed  against  him  for  the 
previous  year,  six  months  before  any  election,  and  that 
the  voter  shall  be  duly  registered.  To  be  qualified  for 
registration  up  to  January  1st,  1898,  voters  must  have 
been  able  to  read  a  clause  in  the  Constitution,  or  under- 
stand or  explain  it  when  read  by  the  registration  offi- 
cer; and  all  who  register  subsequent  to  that  time  must 
be  able  both  to  read  and  write  any  section  of  the  Con- 
stitution, or  else  show  ownership  of  property  assessed 
at  three  hundred  dollars  or  more,  and  the  payment  of 
all  taxes  assessed  against  him  and  collectable  during 
the  previous  year. 

In  Louisiana  aud  North  Carolina,  the  methods  of  re- 
lief adopted  are  substantially  the  same,  and  require 
in  addition  to  the  poll  tax  clause,  that  the  voter  shall 
register  in  accordance  with  the  provisions  of  the  Con- 
stitution, and  onh'  those  are  authorized  to  register  who 
are  able  to  read  and  write  any  section  of  the  Consti- 
tution in  the  English  language,  with  the  further  proviso 
that  no  nuile  i>ers()n  who  was,  on  January  1st,  1867,  or 
at  an\^  time  prior  thereto,  entitled  to  vote  under  the 
laws  of  any  State  in  the  United  States  wherein  he  then 
resided,  and  no  lineal  descendant  of  any  such  person 
shall  be  denied  the  right  to  register  and  vote  at  any  elec- 
tion by  reason  of  his  failure  to  possess  the  educational 
<lualifications  prescribed,  provided  he  registers  within 
the  time  limited  by  the  terms  of  the  Constitution,  whicli 
in  Louisiana  is  about  six  months,  in  North  Carolina 
about  eight  years. 


Constitutional  Convention.  15- 

It  is  contended  iu  defense  of  this  provision,  that 
while  in  effect,  it  will  exclude  the  great  mass  of  ignor- 
ant negro  voters,  it  does  not,  in  terms,  exclude  them, 
and  applies  generally  to  all  classes  of  voters,  without 
reference  to  their  race,  color  or  previous  condition  of 
servitude;  that  all  negroes  who  were  voters  prior  to 
January,  1867, — of  whom  it  was  claimed,  there  were 
quite  a.  number — could  vote,  and  the  descendants — 
whetlier  slaves  or  not — of  these  free  negroes,  were  enti- 
tled to  vote,  and  that  these  were  quite  numerous.  And,  on 
the  other  hand,  that  white  people  born  in  other  countries 
— emigrants — who  canot  read  and  Avrite,  could  not  vote,. 
nor  could  white  people  who  were  unable  to  vote  in  the 
State  in  which  they  lived  prior  to  1867,  unless  they  were 
able  to  read  and  write.  If  it  be  said  that  this  exception 
permits  many  more  white  people  to  vote  than  negroes, 
the  answer  was  that  this  would  be  equally  true  of  any 
proper  qualification  which  might  be  proposed.  It  would 
be  true  of  an  educational  qualification,  and  it  would  be- 
true  of  a  property  qualification,  the  validity  of  which 
has  never  been  questioned. 

These  provisions  are  justified  in  law  and  in  morals, 
because  it  is  said  that  the  negro  is  not  discriminated 
against  on  account  of  his  race,  but  on  account  of  his 
intellectual  and  moral  condition.  There  is  a  difference 
it  is  claimed  with  great  force,  between  the  uneducated 
white  num  and  the  ignorant  negro.  There  is  in  the  white 
man  an  inherited  capacity  for  government  which  is 
wholly  wanting  in  the  negro.  Before  the  art  of  reading: 
and  writing  was  known,  the  ancestors  of  the  Anglo- 
Saxon  had  established  an  orderly  system  of  govern- 
ment, the  basis,  in  fact,  of  the  one  under  which  we  now 
live.  That  the  negro,  on  the  other  hand,  is  descended 
from  a  race  lowest  in  intelligence  and  moral  perception 
of  all  the  races  of  men.  As  was  remarked  by  the  Su- 
preme Court  of  the  United  States,  in  the  case  of  Wil- 
liams vs.  Mississippi  (170  U.  S.,  213),  quoting  the  Su- 
preme Court  of  Mississippi,  "Restrained  by  the  Fed- 
eral Constitution  from  discriminating  against  the 
negro  race,  the  Convention  discriminates  against  its 
characteristics  and  the  offenses  to  which  its  criminal 
members  are  prone."^ 


16  Journal  of  Alabama 

As  stated  by  Judge  Cooley,  the  right  of  suffrage  is 
not  a  natural  right,  because  it  exists  Avhere  it  is  al- 
lowed to  be  exercised  only  for  the  good  of  the  State — 
to  sa}^  that  those  who  participate  in  the  affairs  of  the 
State  would  endanger  and  imperil  the  good  of  the  State, 
have,  nevertheless,  the  right  to  participate,  is  not  only 
folly  in  itself,  but  it  is  to  set  the  individual  above  the 
State. 

THE   RIGHT   OF   SUFFRAGE    L\    MASSACHUSETTS. 

The  election  laws  in  Massachusetts  contain  substan- 
tially the  same  provisions  as  are  embodied  in  the  Con- 
stitution of  Louisiana  and  North  Carolina  just  referred 
to.  The  election  law  of  that  State,  as  it  stands  today, 
provides  that  the  voter  must  be  able  to  read  the  Consti- 
tution of  the  Commonwealth  in  the  English  language, 
and  to  write  his  name,  except  that  ''no  person  who  is 
prevented  from  reading  and  writing  as  aforesaid,  by 
physical  disability,  or  who  had  the  right  to  vote  on  the 
1st  day  of  May  in  the  year  1857,  shall,  if  otherwise  quali- 
l&ed,  be  deprived  of  the  right  to  vote  by  reason  of  not 
being  able  so  to  read  or  write." 

While  it  is  true  that  the  provisions  of  this  law  do 
not  extend  to  the  descendants  of  the  voter,  yet  it  does 
not  seem  that  on  that  account  the  principle  involved 
would  be  affected.  The  exception  in  the  Massachusetts 
law  was  no  doubt  directed  against  illiterate  and  incom- 
petent immigrants,  whereas,  the  provisions  in  the  Con- 
stitution of  Louisiana  and  North  Carolina  were  di- 
rected against  illiterate  and  incompetent  negroes,  as 
well  as  foreigners. 

But  it  is  beyond  the  province  of  courts,  it  is  claimed, 
to  inquire  into  the  motives  of  the  law-making  power; 
their  function  is  confined  to  ascertaining  the  meaning 
and  effect  of  the  law  drawn  in  question. 

These  views  have  been  elaborated  and  ably  defended 
by  Mr.  Semnies  of  Louisiana  and  by  Mr.  Rountree  and 
Senator  Simmons  of  North  Carolina,  from  whose  able 
arguments  I  have  greatly  profited. 


Constitutional  Convention.  17 

Tliey  find  strong*  support  in  the  opinion  of  the  Su- 
preme Court  of  the  United  States,  in  the  Mississippi 
case,  where  it  is  said :  ''If  wealvuess  were  to  be  talven 
advantage  of,  it  was  to  be  done  within  the  field  of  per- 
missible action,  under  the  limitations  imposed  b}"  the 
Federal  Constitution,  and  the  means  of  it  were  the  al- 
leged characteristics  of  the  negro  race,  not  the  adminis- 
tration of  the  law  by  officers  of  the  State.  Besides,  the 
operation  of  the  CoiiMitution  and  laics  is  wot  limited 
by  their  language  or  effect  to  one  race."  Williams  vs. 
Mississippi,  170,  U.  S.,  113. 

In  Van  Valkenberg  vs.  Brown  (13  Am.  Kpts.,  142), 
speaking  of  the  limitation  imposed  upon  the  States  by 
the  recent  amendment  to  the  Federal  Constitution,  the 
Supreme  Court  of  California  say:  "The  mere  power  of 
the  State  to  determine  the  class  of  inhabitants  who 
may  vote  within  her  limits  was  not  curtailed  by  the 
Fourteenth  Amendment.  The  Fifteenth  Amendment 
took  av^^ay  her  power  to  discriminate  against  citizens  of 
the  United  States  on  account  of  either  race,  color  or 
previous  condition  of  servitude,  hut  the  poicer  of  ex-] 
elusion  upon  all  other  grounds  remains  intact.'^ 

Practically  to  the  same  effect  is  the  decision  of  the 
United  States  Supreme  Court  in  the  case  of  Minor  vs. 
Happersett,  21  Wall.,  162. 

The  principle  of  inherited  capacity  is  recognized 
even  by  the  inspired  Apostle,  for  you  remember  where 
Paul,  in  his  epistle  to  Timothy,  when  he  was  preparing 
to  preach  the  glorious  gospel,  refers  to  it  even  in  the 
matter  of  faith,  for  he  says :  ''I  am  persuaded  that  the 
unfeigned  faith  which  dwelt  first  in  thy  grandmother 
Lois,  and  in  thy  mother  Eunice,  dwells  also  in  thee." 

The  great  work  before  this  Convention  will  be  to 
study  and  carefully  consider  this  question.  It  is  for  this 
purpose  that  so  many  of  the  wise  and  conservative  men 
of  the  State,  including  many  of  the  ablest  representa- 
tives of  the  bar,  have  been  asked,  for  the  time,  to  lay 
aside  their  business  and  the  duties  of  an  exacting  pro- 
fession, and  consecrate  to  the  service  of  the  State  all 
the  talent,  experience  and  ability  they  possess.  T  am 
not  prepared  to  say  whether  or  not  this  Convention  will 
2 


18  Journal  of  Alabama 

approve  the  forui  of  relief  which  has  been  adopted  iu 
our  sister  States,  but  I  feel  confident  that  there  is  in- 
telligence and  ability  enough  here  to  settle  this  question 
to  the  satisfaction  of  our  people.  We  have  inaugurated 
the  movement,  and  we  must  succeed,  and  1  confidently 
believe  we  will  succeed.  It  is  not  to  be  expected  that 
a  reform  movement  like  this  will  meet  with  universal 
approval,  but  when  your  finished  work  is  submitted, 
and  you  present,  as  I  believe  you  will,  a  practical  solu- 
tion of  the  evil  conditions  under  which  we  now  live, 
it  will  be  appreciated  and  accepted  by  our  people. 

AUTHORITY  TO  FUND  THE  STATE  DEBT. 

There  are  other  questions  which  might  be  considered^ 
but  to  which  I  shall  be  able  to  give  only  passing  notice. 
In  view  of  the  fact  that  a  large  part  of  the  State's 
bonded  indebtedness  will  soon  umture,  it  is  important 
and  necessary  that  some  provision  should  be  made  for 
funding  the  indebtedness  of  the  State.  Very  able  law- 
yers have  doubted  if  there  be  any  authority  iu  the 
State,  under  the  present  Constitution  to  fund  the 
State's  indebtedness.  At  the  time  of  the  adoption  of 
the  present  Constitution,  the  creation  of  debt  on  the 
part  of  State,  county  and  municipal  authorities  had 
been  abused  to  such  an  extent  as  to  cause  great  alarm, 
and  so  the  framers  of  the  present  Constitution,  in 
their  anxiety  to  curtail  this  evil,  seem  not  to  have 
provided  as  fully  as  might  be  for  the  payment  of  the 
funding  of  the  State's  indebtedness  by  the  issuance 
of  new  bonds  or  obligations.  The  provision  of  the 
present  Constitution  on  this  subject  is  as  follows: 

''After  the  ratification  of  this  Constitution,  no  new 
debt  shall  be  created  against,  or  incurred  by  this 
State,  or  its  authority,  except  to  repel  invasion  or 
suppress  insurrection,  and  then  only  by  a  concurrence 
of  two-thirds  of  the  members  of  each  house  of  the 
General  Assembly,  and  the  vote  shall  be  taken  by 
3'eas  and  nays,  and  entered  upon  the  journals;  and 
any  act  creating  or  incurring  any  new  debt  against 
this  State,  except  as  herein  provided  for,  shall  be  ab- 


Constitutional  Convention.  19 

soliitely  void;  provided,  the  Governor  may  be  author- 
ized to  negotiate  temporary  loans,  never  to  exceed 
one  hundred  thousand  doUars,  to  meet  deficiencies  in 
the  treasury;  and  until  the  same  is  paid,  no  new  loan 
shall  be  negotiated;  provided,  further,  that  this  sec- 
tion shall  not  be  construed  as  to  prevent  the  issuance 
of  bonds  in  adjustment  of  existing  State  indebtedness." 

The  power  to  settle  the  State's  then  existing  in- 
debtedness has  been  exercised  under  the  debt  settle- 
ment acts,  and  a  doubt  has  been  raised  whether,  under 
the  restrictive  terms  of  the  present  Constitution,  there 
be  any  power  to  issue  new  bonds  to  pay  or  fund  the 
debt  at  its  maturity. 

There  can  be  no  doubt  but  that  the  State  debt,  under 
present  conditions,  can  be  funded  at  a  greatly  reduced 
rate  of  interest,  and  at  such  a  rate  as  will  leave  the 
State  largely  more  than  the  cost  of  the  holding  of  this 
Convention. 

municipal  and  county  indebtedness. 

Then,  again,  there  is  the  question  of  the  authority 
of  county  and  municipal  governments  to  create  debts 
totally  beyond  the  resources  which. must  be  looked  to 
to  provide  payment.  The  framers  of  the  present  Con- 
stitution carefully  stipulated  a  maximum  rate  of  taxa- 
tion, but  made  no  provision  against  the  creation  of 
debt  over  and  beyond  the  resources  of  the  county  or 
municipality.  Consequently,  improvident  and  un- 
scrupulous officers  have  been  able  to  impair  the  credit 
and  fasten  a  load  of  debt  upon  cities  and  counties  in 
dilferent  portions  of  the  State,  which  has  involved 
many  of  them  in  litigation  and  bankruptcy.  Some 
just  provision  should  be  incorporated,  limiting  the 
power  to  create  debt  beyond  the  reasonable  ability  of 
the  county  or  municipality  to  pay. 

education. 

Then,  again,  there  is  the  great  question  of  education 
which  so  vitally  touches  the  interests  of  our  people,     I 


20  JouuNAL  OF  Alabama 

believe  Ave  should  keep  faithfully  the  pledges  we  have 
giveu  not  to  increase  taxation,  but  this  should  not  deter 
us  from  making  ever}-  effort  to  rid  our  State  of  the  dis- 
grace of  its  illiteracv.  As  Dr.  Curry  forcibly  puts  it, 
it  will  not  do  to  say  you  are  too  poor  to  educate  the 
people — you  are  too  poor  not  to  educate  them. 

Nothing  has  so  retarded  the  rapid  growth  and  de- 
velopment of  our  State  as  the  absence  of  a  well-regu- 
lated system  of  puldic  schools,  so  as  to  place  within 
the  reach  of  every  child  in  the  State,  both  rich  and  poor, 
the  means  of  obtaining,  free  of  tuition  fees,  such  in- 
struction as  will  qualify  him  for  the  responsible  duties 
of  life. 

The  productive  power  of  labor  in  Massuchusetts  is 
said  to  be  nearly  double  that  of  the  average  for  each 
inhabitant  of  the  whole  United  States,  and  the  reason 
assigned  is  the  superior  educational  advantages  she 
furnishes  to  her  people. 

You  cannot  expect  skilled  labor  to  enter  our  State  if, 
by  doing  so  their  children  are  to  be  denied  the  means  of 
a  common  school  education.  We  must  fight  ignorance 
as  we  would  fight  malaria,  for  it  is  only  by  educating 
its  people  that  a  State  can  gain  and  maintain  a  proud 
position  among  the  nations  of  the  earth. 

It  has  been  urged  in  some  quarters  as  a  reason  why 
this  movement  for  a  new  Constitution  should  be  de- 
feated that  we  propose  to  adopt  a  suffrage  plank  which 
will  offer  to  the  negro  an  incentive  to  obtain  an  educa- 
tion, while  the  child  of  the  white  man  will  be  without 
a  like  stimulus,  because  protected  in  his  right  to  vote, 
without  regard  to  the  density  of  his  ignorance. 

I  do  not  understand  that  any  delegate  to  this  Conven- 
tion is  pledged  to  any  such  legislation.  We  are  pledged 
"not  to  deprive  any  white  man  of  the  right  to  vote,"  but 
this  does  not  extend  unless  this  Convention  chooses  to 
extend  it  beyond  the  life  of  voters  now  living.  It  is  a 
question  to  be  considered  most  carefully  whether  we 
would  be  warranted  in  pursuing  any  course  which 
would  have  a  tendency  to  condemn  any  part  of  our 
population  to  a  condition  of  perpetual  illiteracy.  Pro- 
vision   of    the    Constitution     prescribing    educational 


Constitutional  Convention.  21 

qualifications  for  the  voters  as  it  alfects  those  who  now 
have  no  right  to  vote,  bnt  in  the  eonrse  of  time  will  ac- 
quire the  right,  are  wisely  intended  to  serve  not  as  a 
curse,  but  as  a  noble  stimulus  to  the  acquirement  of  an 
education  and  to  proper  preparation  for  meeting  and 
discharging  the  duties  of  a  citizen. 

There  is  strong  reason  why  those  who  have  fought 
the  battles  of  the  State — ^those  who  have  been  trained 
in  the  duties  of  citizenship,  and  possess  character, 
judgment  and  intelligence  which  enable  them  to  appre- 
ciate the  responsiblity  it  imposes,  should  not  be  denied 
the  right  to  vote,  even  though  they  may  lack  the  ele- 
ments of  an  education,  but  it  does  not  follow  that  it  is 
to  the  interest  of  the  State  that  the  indulgence  should 
be  extended  to  the  second  generation — especially  so 
when  it  is  considered  that  the  facilities  f(jr  learning  to 
read  and  write  are  within  reach  and  so  easy  to  obtain! 

The  States  of  Mississippi,  South  Carolina  and  Louis- 
iana, in  dealing  with  this  great  question,  have  right- 
fully considered  that  the  betterment  of  the  facilities  for 
securing  an  education  for  all  the  people  was  a  necessary 
and  essential  part  of  any  just  and  wise  scheme  for  the 
regulation  of  the  right  of  suffrage,  and  for  the  purifica- 
tion of  the  ballot. 

There  are  other  matters  of  importance  I  might  refer 
to,  but  I  have  already  continued  much  longer  than  was 
intended.  Your  work  is  before  you.  The  responsibili- 
ties it  imposes  are  great,  but  I  do  not  doubt  that  you 
will  discharge  them  with  courage  and  with  fidelity.  In 
my  judgment,  it  is  better — far  better — to  have  accom- 
plished something  for  the  permanent  and  everlasting 
good  of  3'our  people  than  to  possess  any  honor  which 
the  State  can  confer. 

Abou  Ben  Adhem  awakened  from  a  dream,  found  an 
angel  writing  in  a  book  of  gold  the  names  of  those  whom 
love  of  (xod  had  blessed.  ''x\nd  is  my  name  there?''  he 
asked.  But  the  angel  answered,  "Nay.''  "I  pray 
thee,  then,"  he  said,  "write  me  as  one  who  loves  his  fel- 
low man."  The  angel  wrote  and  vanished.  The  next 
night  it  came  again,  with  a  great  wakening  light,  and 
showed  the  names  whom  love  of  God  had  blessed.  And, 
lo!  Ben  Adhem's  name  led  all  the  rest. 


22  JonixAL  OF  Aladama 

Upon  tlie  conclusion  of  Mr.  Knox's  address,  Mr. 
Brooks  moved  that  the  remarks  of  the  President  be 
spread  upon  the  journal  of  the  Convention.  The  mo- 
tion was  seconded,  was  put  to  the  Convention  by  its 
mover,  and  was  unanimously  adopted. 

Mr.  Ashcraft  offered  tlie  following  resolution,  which 
was  unanimously  adopted : 

"Resolved,  That  the  Convention  proceed  with  the 
further  ort>anization  by  the  election  of  the  following 
officers,  in  the  order  named :  Secretary,  Assistant  Sec- 
retary, Doorkeeper,  Assistant  Doorkeeper." 

Mr.  Carmichael,  A.  H.,  placed  in  nomination  for  Sec- 
tary Mr.  Frank  N.  Julian  of  Colbert.  There  being  no 
other  nomination,  the  rules  were  suspended,  and  Mr. 
Julian  was  elected  b}'  acclamation. 

Mr.  Lomax  placed  in  nomination  for  Assistant  Secre- 
tary Mr.  William  T.  Herbert  of  Montgomery,  Avho  was, 
under  a  suspension  of  the  rules,  also  elected  by  accla- 
mation. 

Mr.  Graham,  J.  B.,  nominated  Mr.  Kobert  Hasson  of 
Calhoun  for  Doorkeeper;  the  rules  were  suspended  and 
he  was  elected  by  acclamation. 

INIr.  Sollie  nominated  Mr.  T.  J.  Fain  of  Dale  for  As- 
sistant Doorkeeper,  and  he  was  likewise  elected  b}'  ac- 
clamation, the  rules  having  been  suspended. 

Mr.  Smith  of  Mobile  introduced  the  following  reso- 
lution, which  was  unanimously  adopted: 
Resolution  2 — 

"Resolved,  Tliat  the  President  appoint  a  Committee 
on  Rules,  of  i^iiie  members,  of  which  the  President  shall 
be  the  chaimiun,  to  report  the  number  of  subordinate 
officers,  the  mniner  of  their  selection,  and  their  duties, 
the  various  stt^nding  committees,  the  order  of  l)usiness, 
and  the  rules  for  the  government  of  this  Convention." 

The    follow'ng    resolution    was    introduced    by    Mr. 
Browne,  and  was  unanimously  adopted : 
Resolution  3 — 

"Resolved,  TJiat  until  the  report  of  the  Committee  on 
Rules,  all  resolutions  shall  be  referred,  without  debate, 
to  the  appro] -r'atc  coiiniiittees  when  raised." 


Constitutional  Convention.  23 

Mr.  Hefliu,  of  Chambers,  moved  that  a  committee  of 
nine,  one  from  each  of  the  Congressional  Districts,  be 
appointed  by  the  Chair  to  select  seats  for  the  several 
members. 

Mr,  Blackwell,  of  Morgan,  offered  as  a  substitute  the 
following : 

"Resolved,  That  in  order  to  equitably  assign  the 
delegates  seats  in  this  Convention,  that  the  names  of 
all  the  delegates  be  placed  in  a  hat  and  that  one  of  the 
pages  be  blindfolded  and  draw  one  at  a  time  the  names 
from  the  hat,  and  that  the  Secretary  immediately  read 
the  nauies  so  drawn,  and  that  the  party  whose  name  is 
read  at  once  select  his  seat.  And  after  all  the  seats  are 
so  drawn,  delegates  shall  have  the  right  to  exchange 
seats  if  they  so  desire." 

The  substitute  was  adopted. 

Mr.  Gates  ottered  the  following  resolution : 

"Resolved,  That  a  special  committee  of  nine  mem- 
bers be  appointed  by  the  Chair,  to  take  into  considera- 
tion the  advisability  of  contracting  with  an  expert  sten- 
ographer to  report  the  proceedings  of  this  Convention 
in  full,  and  the  necessary  cost  thereof,  and  report  the 
same  to  the  Convention  at  the  beginning  of  to-morrow's 
session." 

The  rules  were  suspended  and  the  resolution  was 
adopted.  • 

Mr.  Sanford  offered  the  following  resolution,  which 
was  referred  to  the  Committee  on  Rules : 

"Resolved,  That  this  Convention  will  entertain  no 
motion,  resolution  or  ordinance,  having  for  its  object 
the  revision  or  amendment  of  the  Constitution,  until 
the  committees  are  appointed  by  the  President." 

On  motion  of  Mr.  Eyster,  the  oath  of  office  was  ad- 
ministered by  the  President  to  Messrs.  Frank  N,  Jul- 
ian, William  F.  Herbert,  Robert  Hasson  and  T.  J.  Fain, 
the  newly-elected  officials  of  the  Convention. 

The  Journal  of  yesterday  was  read  and  approved. 

Indefinite  leave  of  absence  was  accorded  Hon.  Jere 
N.  Williams  on  account  of  illness  in  his  family. 

Mr.  Howell  offered  the  following  resolution : 


24 


Journal  of  Alabama 


"Resolved,  That  a  committee  of  three  he  apiwinted 
b}'  the  Chair  to  wait  on  the  eler«iymen  of  this  city  and 
invite  them,  to  lead  religions  service  at  the  opening  of 
the  mornino"  session  of  this  body." 

The  rules  were  suspended,  and  the  resolution  was 
unanimously  adopted. 

Mr.  Long  of  Walker  moved  a  reconsideration  of  the 
vote  by  which  Mr.  BlackwelFs  resolution  relating  to  the 
assignment  of  seats  had  passed. 

Mr.  Fitts  made  the  point  of  order  that,  as  business 
had  intervened  since  the  adoption  of  the  resolution,  Mr. 
Long's  motion  was  out  of  order. 

The  Chair  declined  to  sustain  the  point  of  order.  Mr. 
White  spoke  in  opposition  to  the  motion  of  Mr.  Long, 
and  concluded  by  moving  to  lay  it  on  the  table,  the  fol- 
lowing being  the  vote  on  the  motion : 


YEAS. 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Blackwell, 

Boone, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Cunningham,  - 

Dent, 

deOraffenried, 


Eley, 

Evster, 

Espy, 

Ferguson, 

Fitts, 

Foshee, 

Foster, 

I'reeman, 

Gilmore, 

Graham  (Talladega),. 

Grant, 

Greer  (Calhoun), 

Hand  ley, 

Harrison, 

Henderson, 

Hinson, 

Hodges, 

Howell, 

Jackson. 

Jones  (Hale), 

Jones  (Wilcox) y 

King, 

Kirk, 


Constitutional  Convention. 


25 


Kirkland, 

Led  better, 

Leigh, 

Locklin, 

Loinax, 

Long  (Butler), 

XiOwe  (Lawrence), 

Macdonald, 

McMillan  r Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

NeSmitk, 

Norman, 

Norwood, 

Oates, 

O'Neal  ( Lauderdale) , 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 


Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Kevnolds  (Chilton), 

Reynolds  (Henry), 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Sorrel  1, 

Spears, 

Studdard, 

Thompson, 

Vaughan, 

Waddell, 

AValker, 

^A>akley, 

Weatherlv, 

White, 

Whiteside, 

Wilson  (Clarke), 

Wilson  (Washington) 

Winn. 


NOES. 


Messrs.  Bethune, 

Brooks, 

Cardon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 


Craig, 

Lavis  (DeKalb), 

Davis  (Etowah), 

Duke, 

Fletcher, 

Glover, 

Graham  (Montgomery), 

Grayson, 


■26  Journal  of  Alabama 

Greer  (Perry),  Reese, 

Haley,  Kobinson, 

Heflfn  (Chambers),  Kogers  (Lowndes), 

Heflin  (Randolph),  Sanford, 

Hood,  Searcy, 

Howze,  Selheimer, 

Inge,  Spragins, 

Jenkins,  Stewart, 

Jones  (Hale),  Tayloe, 

Jones  (Montgomery),  Watts, 

Knight,  "  Willett, 

Kyle,  •  Williams  (Marengo). 

Long  (Walker), 

The  President  declared  the  motion  adopted. 

Mr.  Cnnningham  moved  that  the  assigning  of  seats 
be  made  the  special  order  immediately  after  reading 
the  Journal  on  to-morrow,  the  assignment  to  be  in  ac- 
cordance with  tlie  resolution  heretofore  adopted.  This 
motion  prevailed. 

On  motion  of  Mr.  Proctor,  the  Convention  adjourned 
at  1:10  p.  m.  until  11  a.  m.  on  to-morrow. 


THIRD  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Thursday,  May  23,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  A.  L.  Andrews  of  the  city. 

ROLL  call. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names : 


Constitutional  Convention. 


27 


Messrs.  President, 

Almon, 

Altman, 

Aslicraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Betliiine, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardou, 

Carmicliael  ( Colbert ) 

Carmichael  ( Coffee) , 

Carnatlion, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Col eman  ( Greene ) , 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deCraffenried, 

Duke, 

Eley, 

Evster, 

Espy, 

Ferguson, 

Pitts, 


Fletcher, 

Foshee, 

Foster, 

Freeman, 

Oilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

pTenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (^Montgomery), 

Jones  (Wilcox), 

King, 

Ki  rk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 


28 


Journal  of  Alabama 


Lowe  (^ Jefferson), 

Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  ( Baldwin ) , 

McMillan  (Wilcox), 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norwood, 

Oates, 

O'Neal  ( Lauderdale ) , 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  ( Cullman ) , 

Pai-ker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Chilton), 

Reynolds  ( Henry ) , 


Robinson, 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac,  A., 

Smith,  Morgan  M.,, 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

"N^'eatherlv, 

White, 

Whiteside, 

Willett, 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  (Washington) 

Winn. 


A  quorum  was  present,  one  hundred  and  fort3'-nine 
delegates  having  answered  to  their  names. 


JOURNAL. 

The  Journal  of  yesterday  was  read  and  approved.. 


Constitutional  Convention.  29 

Oil  motion  of  Mr.  Harrison,  the  reading  of  tlie  ad- 
dress of  Hon.  John  B.  Knox  on  accepting  the  Presi- 
denc}^  of  the  Convention,  was  dispensed  with. 

RESOLUTIONS. 

Mr.  Thompson  offered  the  following  resolntion : 
''Kesolved,  Tliat  in  tlie  draAving  about  to  talvc  place, 
if  any  delegate  be  absent,  his  colleague,  if  there  be  one 
present  from  such  county,  shall  have  the  right  to  select 
a  seat  for  such  absent  member.  If  there  is  no  delegate 
present  from  such  county,  then  the  Secretary  of  this 
Convention  shall  select  a  seat  for  such  absent  delegate 
or  delegates." 

The  rules  were  suspended,  and  the  resolution  was 
adopted. 

Mr.  Weatherly  ottered  the  following  resolution : 
"Resolved,  That  Hon.  W.  C.  Gates,  Hon.  Thos.  G. 
Jones,  Hon.  T.  W.  Coleman,  Hon.  K.  W.  Walker,  Hon. 
Dabney  Palmer,  Hon.  John  F.  Burns,  Hon.  Joel  D. 
Murphree,  and  Hon.  George  P.  Harrison  be  allowed  to 
select  their  seats  before  the  commencement  of  drawing 
for  seats." 

The  rules  were  suspended,  and  the  resolution  was 
adopted. 

question  of  privilege. 

Mr.  Case  arose  to  a  question  of  personal  privilege, 
and  proceeded  to  state  his  question  of  privilege. 

Mr.  Lowe,  of  Jefferson,  raised  the  point  of  order  that 
Mr.  Case  was  not  speaking  to  a  question  of  personal 
privilege,  and  that  he  (Mr.  Case)  was  out  of  order. 

The  Chair  sustained  Mr.  Lowe's  point  of  order. 

Mr.  Case  appealed  from  the  decision  of  the  Chair. 

The  appeal  was  not  sustained. 

REGULAR   ORDER. 

!Mr.  Reese  demanded  the  regular  order  of  business, 
which  was  the  drawing  of  seats,  under  the  resolution 
adopted  on  yesterday,  as  follows: 


30  Journal  of  Alabama 

"That  in  order  to  equitably  assign  delegates  seats  in 
this  Convention,  the  names  of  all  the  delegates  be 
placed  in  a  hat,  that  one  of  the  pages  be  blindfolded, 
and  draw  one  at  a  time  the  names  from  the  hat,  and 
that  the  Secretary  immediately  read  the  name  so  drawn, 
and  that  the  party  Avhose  name  is  so  read  at  once  select 
his  seat,  and  after  all  the  seats  are  so  drawn  delegates- 
shall  have  the  right  to  exchange  seats,  if  they  desire." 

ASSIGNMENT   OF    SEATS, 

Under  the  above  resolution,  the  President  ordered 
the  Secretary  to  proceed  witli  the  drawing  of  seats. 
Master  Joe  King  was  thereupon  blindfolded  and  the 
names  of  all  the  delegates  having  been  placed  in  the 
hat,  he  proceeded  to  draw  therefrom,  one  at  a  time,  the 
said  names,  and  the  delegates  ordered  seated. 

APPOINTMENT  OF  COMMITTEES. 

The  President  appointed  the  following  committee,, 
under  resolution  which  was  adopted  on  yesterday : 

''IJesolved,  That  a  comnuttee  of  three  be  appointed 
by  the  Chair  to  wait  on  the  clergymen  of  this  city  and 
to  invite  them  to  lead  religious  services  at  the  opening 
of  the  morning  session  of  this  body." 

Com:mittee — Messrs.  Howell,  AVatts,  Blackwell. 

Also,  under  the  resolution  adopted  yesterda}-  : 

"Resolved,  That  a  special  committee  of  nine  members 
be  appointed  by  the  Chair  to  take  into  consideration 
the  advisability  of  contracting  with  an  expert  stenogra- 
pher to  report  the  proceedings  of  this  Convention  in 
full,  and  the  necessary  cost  thereof,  and  report  the  same 
to  the  Convention  at  the  beginning  of  to-morrow's  ses- 
sion." 

Committee — Messrs.  W.  C.  Oates,  Henry  Pillans,  A. 
H.  Merrill,  Cecil  Brown,  J.  Mauley  Foster,  O.  K.  Hood, 
John  T.  Ashcraft,  James  Weatherly. 

Also,  under  the  resolution  adopted  yesterda.y : 

"Resolved,  That  the  President  appoint  a  Committee 
on  Rules  of  nine  members,  of  which  the  President  shall 
be  chairman,  to  report  the  number  of  subordinate  offi- 
cers, the  manner  of  their  selection,  and  their  duties,  the 


Constitutional  Convention,  31 

order  of  business,  and  the  rules  for  the  government  of 
this  Convention." 

Committee — Messrs.  Knox,  Smith  (of  Mobile),  Cun- 
ningham, Lomax,  Harrison,  O'Neal  (of  Lauderdale), 
deGraffenried,  Browne,  J.  Thomas  Heflin. 

resolutions. 

Mr.  O'Neal,  of  Lauderdale,  offered  the  following  reso- 
lution : 

"Kesolved,  That  the  privileges  of  the  Convention  be 
extended  to  General  Joseph  Wheeler,  and  that  he  be  in- 
vited to  a  seat  on  the  floor." 

Mr.  Lowe,  of  Jefferson,  moved  to  table  the  resolution 
offered  by  Mr.  O'Neal. 

The  motion  was  lost. 

Mr.  Cunningham  raised  the  point  of  order  that  under 
the  rules  the  resolution  should  go  to  the  Committee  on 
Eules. 

The  point  of  order  was  sustained. 

Mr.  O'Neal,  of  Lauderdale,  moved  that  the  rules  be- 
suspeuded,  and  that  the  resolution  be  adopted. 

Mr.  Lowe,  of  Jefferson,  offered  the  following  amend- 
ment: 

"And  that  all  members  and  ex-members  of  Congress 
be  admitted  to  the  floor." 

Mr.  Bulger  moved  that  the  amendment  oft'ered  by 
Mr.  Lowe,  of  Jefferson,  be  tabled,  and  the  motion  to 
table  prevailed. 

The  question  recurred  on  the  motion  of  Mr.  O'Neal, 
of  Lauderdale,  to  suspend  the  rules,  and  adopt  tlie  reso- 
lution, and  the  motion  prevailed. 

notice  of  reconsideration  of  vote. 

Mr.  Lowe,  of  Jefferson,  gave  notice  that  at  the  proper 
time  on  to-morrow,  he  would  move  a  reconsideration  of 
the  vote  by  which  the  resolution  extending  the  privi- 
leges of  the  floor  to  General  Joseph  Wheeler  w^as 
adopted. 

Mr.  Rogers,  of  Low^ndes,  offered  the  following  reso- 
lution : 


•32  Journal  of  Alabama 

"Resolved,  That  this  Convention  adjourn  every  day 
at  1  o'clock  p.  m." 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Mr.  Bulger  offered  the  following  resolution : 

"That,  whereas,  Hon.  John  B,  Knox,  the  distinguish- 
ed President  of  this  Convention,  at  the  beginning  of 
the  permanent  organization,  delivered  a  most  able  and 
patriotic  address,  outlining  our  plans,  policies  and 
duties,  looking  to  the  framing  of  a  Constitution  of  our 
State ; 

"Therefore,  it  be  resolved  that  the  Secretary  of  the 
Convention  be,  and  is  herel)y  directed  to  have  printed 
five  thousand  copies  of  the  address  for  the  use  of  the 
members  of  the  Convention.'' 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Mr.  Oates  offered  the  following  resolution  : 

That  in  order  to  expedite  the  business  of  this  Con- 
vention, the  President  be  authorized  to  appoint  fifteen 
standing  committees  as  follows,  to-wit : 

First,  a  Committee  on  Bill  of  Right,  of  eleven  mem- 
bers. 

Second,  a  Committee  on  State  and  County  Bounda- 
ries of  eleven  members. 

Third,  a  Committee  on  Legislative  Department,  of 
fifteen  members. 

Fourth,  a  Committee  on  Judicial  Department,  fifteen 
members. 

Fifth,  a  Committee  on  Executive  Department,  fifteen 
members. 

Sixth,  a  Committee  on  Suffrage  and  Elections  of 
i:wenty-five  members. 

Seventh,  a  Committee  on  Representation  of  fifteen 
members. 

Eighth,  a  Committee  on  Taxation,  fifteen  members. 

Ninth,  a  Committee  on  Education,  fifteen  members. 

Tenth,  a  Committee  on  Railroads  and  Canals,  and 
Private  Corporations,  fifteen  members. 

Eleventh,  a  Committee  on  ^lilitia,  Banks  and  Bank- 
ing and  Exempted  Property,  of  thirteen  members. 


Constitutional  Convention.  33 

Twelfth,  a  Committee  on  Oath  of  Office,  Miscellane- 
ous Provisions,  and  Mode  of  Amending  the  Constitu- 
tion, of  thirteen  members. 

Thirteenth,  a  Committee  on  the  Schedule  to  the  Con- 
stitution, and  upon  the  Mileage  and  Pay  of  Delegates, 
and  Incidental  Expenditures,  of  nine  members. 

Fourteenth,  a  Committee  on  Kules,  and  Order  of  Busi- 
ness, of  nine  members,  of  which  the  President  of  the 
Convention  shall  be  Chairman, 

Fifteenth,  a  Committee  on  the  Order,  Consistency 
and  Harmony  of  the  Whole  Constitution,  to  consist  of 
the  chairman  of  the  first  thirteen  committees  above 
mentioned. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

RECESS. 

Mr.  Smith,  of  Mobile,  moved  that  the  Convention  take 
a  recess  of  twenty  minutes  for  the  purpose  of  allowing 
the  Committee  on  l\ules  to  meet,  and  the  motion  pre- 
vailed. 

REPORT   OF   THE   COMMITTEE   ON   RULES. 

Mr.  Knox,  Chairman  of  the  Committee  on  Rules,  sub- 
mitted the  following  partial  report : 

We,  the  Committee  on  Rules,  beg  leave  to  submit  the 
following  partial  report: 

We  recommend — 

First — That  the  sub-ordinance  officers  shall  be  as  fol- 
lows :  Ten  pages,  two  messengers,  one  gallery  doorkeep- 
er, one  enrolling  and  engrossing  clerk,  to  be  appointed 
by  the  President  of  the  Convention. 

Second — The  Secretary  may,  from  time  to  time,  with 
the  approval  of  the  President,  appoint  such  additional 
clerical  assistance  as  may  be  necessary. 

Third — The  following  shall  constitute  the  standing 
committees  of  the  Convention  : 

(1)     Rules,  of  which  the  President  shall  be  Chair- 
man to  be  composed  of  nine  members,  and  which  shall 
have  the  right  to  report  at  any  time. 
3 


34  Journal  of  Alabama 

(2)  Judiciary^  to  be  composed  of  twentT-five  mem- 
bers. 

(3)  A  Committee  on  the  Order,  Consistency  and 
Harmony  of  the  Whole  Convention,  to  be  composed  of 
twenty-five  members. 

(4)  A  Committee  on  Suffrage  and  Election,  to  be 
composed  of  twenty-five  members. 

(5)  A  Committee  on  Legislative  Departments,  to 
be  comjxjsed  of  nineteen  members. 

(6)  A  Committee  on  Local  Legislation,  to  be  com- 
posed of  nineteen  members. 

(7)  A  Committee  on  Education,  to  be  composed  of 
nineteen  members. 

(8)  A  Committee  on  Taxation,  to  be  composed  of 
nineteen  members. 

(9)  A  Committee  on  Executive  Departments,  to  be 
composed  of  fifteen  members, 

(10)  A  Committee  on  Preamble  and  Declaration 
of  Eights,  to  be  composed  of  fifteen  members. 

(11)  A  Committee  on  Corporations,  composed  of 
fifteen  members. 

(12)  A  Committee  on  Representation,  composed  of 
fifteen  members. 

(13)  A  Committee  on  Exemptions,  to  be  comiwsed 
of  fifteen  members. 

(11)  A  Committee  on  Militia,  to  be  composed  of 
fifteen  members. 

(15)  A  C(mimittee  on  Banks  and  Banking,  to  be 
composed  of  fifteen  members. 

(16)  A  Committee  on  Municipal  Corporations,  to 
be  composed  of  fifteen  members. 

(17)  A  Ccmimittee  on  vState  and  County  Boundar- 
ies, to  be  composed  of  fifteen  members. 

(18)  A  Committee  on  Impeachments,  to  be  com- 
posed of  fifteen  members. 

(19)  A  Committee  on  Amending  the  Constitution, 
and  Miscellaneous  Provisions,  composed  of  fifteen 
members. 

(20)  A  Committee  on  the  Journal,  composed  of  five 
members. 


Constitutional  Convention.  35 

(21)  A  Committee  oii  Schedules,  Printing  and  Mis- 
cellaneous Expenses,  to  be  composed  of  nine  members. 

Fourth — A  majorit}''  of  each  committee  shall  consti- 
tute a  quorum. 

Fifth — All  committees  shall  be  appointed  by  the 
President. 

Sixth — The  following  committees  shall  be  entitled  to 
a  clerk  each,  to  be  appointed  by  the  chairman  thereof 
respectivel}",  whenever,  in  the  opinion  of  the  chairman 
of  either  of  the  said  committees,  it  may  be  necessary : 
Rules,  Judiciary,  Order,  Consistency  and  Harmony  of 
the  Constitution,  Suffrage  and  Elections,  Education, 
and  Corporations. 

Seventh — It  shall  be  the  dut^^  of  the  pages  when  the 
Convention  is  not  in  session  and  when  directed  by  the 
President,  to  serve  the  committees. 

The  report  of  the  committee  was  adopted. 

RESOLUTION. 

Mr.  Rogers,  of  Sumter,  offered  the  following  resolu- 
tion: 

Resolved,  That  the  Secretary  of  this  Convention  pro- 
cure and  have  printed,  in  consolidated  form,  for  the  use 
of  its  members,  five  hundred  copies  of  these  sections,  re- 
lating to  suffrage  in  the  Constitutions  of  tlie  following 
States : 

Connecticut,  Massachusetts,  Maryland,  Pennsylvania, 
North  and  South  Carolina,  Mississippi,  Louisiana,  Cali- 
fornia and  Utah. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

APPOINTMENT    OP    PAGES    AND    MESSENGERS. 

The  President  announced  the  appointment  of  the  fol- 
lowing pages  and  messengers: 

Pages — Master  Henry  Long,  Master  Eyster,  Master 
Reese,  Master  Prowell,  Master  Gaston,  Master  Tutwiler, 
Master  Wilson,  Master  Driver,  Master  West,  Master 
Alley. 


36  Journal  of  Alabama 

Messengers — Master  Joseph  King,  Master  M.  J. 
Bulger. 

APPOINTMENT    OF    ENGROSSING    AND    ENROLLING    CLERK. 

The  President  announced,  the  appointment  of  Mrs. 
L.  W.  Francis,  of  Jefferson,  as  engrossing  and  enrolling 
clerk. 

APPOINTMENT  OF   DOORKEEPER  OF  THE   GALLERY. 

The  President  announced  the  appointment  of  W.  H. 
Manghan,  of  Calhoun,  as  doorkeeper  of  the  gallery. 

SEATS   AND   DESKS. 

On  motion  of  Mr.  deGraffenreid,  the  doorkeeper  of 
the  Contention  was  instructed  to  procure  seats  and 
desks  for  such  delegates  as  had  failed  to  secure  them 
bv  the  drawing. 


ADJOURNMENT. 

On  motion  of  Mr.  deGraffenreid,  the  Convention  ad- 
journed until  11  o'clock  to-morrow  morning. 


FOURTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Friday,  May  24,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  A.  L.  Andrews  of  the 
city. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names: 


Constitutional  Convention. 


37 


Messrs.  President, 

Altmau, 

Ashcraft, 

Banks, 

Barefleld, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Byars, 

Carmichael  ( Colbert ) , 

Carmicliael  ( Coffee ) , 

Carnatlion, 

Case, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  ( Walker ) , 

Cornwell, 

Craig, 

Canningham, 

Gofer, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Duke, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 


Glover, 

Graham  (Montgomery),. 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  ( Calhoun ) ,. 

Greer  (Perrj^), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

pTones  ( Montgomery^) , 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

McMillan  (Baldwin),, 

McMillan  (Wilcox), 

]Malone, 

:\rartin, 

^Maxwell, 

iMerrill, 

31] Her  (Marengo), 

Miller  (Wilcox), 


38 


Journal  of  Alabama 


Moody, 

Morrisette, 

Mulkey, 

Murpliree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettns, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Keese, 

Eenfro, 

Eeynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  ( Lowndes ) , 

Rogers  (Sumter), 

Samford, 


Sanders, 

San  ford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith,  Mae.  A  , 

Smith,  Morgan  M., 

Sollie, 

Sorrel  1, 

Spears, 

Spragius, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  ( Washington) 

Winn. 


A  quorum  was  present,  one  hundred  and  forty  dele- 
gates having  answered  to  their  names. 


.JOURNAL. 


The  Journal  of  yesterday  was  read  and  approved. 

LEAVE    OF    ARSENCE. 

Leave  of  absence  was  granted  as  follows : 
To  Messrs.  Almon  and  Lowe,  for  to-day  and  to-mor- 
row; to  Mr.  ]\r;icdonald  for  to-day;  to  "Sir.  Merrill,  for 
to-dav. 


Constitutional  Convention.  39 

resolutions. 

Mr.  Watts  offered  the  following  resolution : 

Be  it  resolved,  That  with  the  exception  of  delegates, 
officers  and  employees  of  this  Convention,  newspaper 
reporters,  and  those  especially  invited,  no  one  shall  be 
permitted  on  the  floor  of  the  Convention,  and  the  door- 
keeper is  hereby  instructed  to  enforce  this  resolution. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Mr.  Jackson  offered  the  following  resolution: 

Resolved,  That  500  copies  of  the  platform  adopted  by 
the  State  Democratic  Convention  of  Alabama,  on  April 
19,  1901,  be  printed  and  be  placed  on  the  desks  of  the 
members  of  this  Convention. 

The  resolution  v^^as  referred  to  the  Committee  on 
Rules. 

Mr.  Long,  of  Walker,  offered  the  following  resolution : 

Resolved,  That  500  copies  of  the  present  Constitu- 
tion of  the  State  of  Alabama,  as  annotated  in  the  Code 
of  Laws  of  Alabama,  be  printed  in  pamphlet  form,  for 
the  use  of  the  members  of  this  Convention. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Mr.  Reese  offered  the  following  resolution : 

Whereas,  more  than  nine-tenths  of  the  members  of 
this  Convention  have,  prior  to  their  election,  pledged 
the  people  of  Alabama,  that  no  new  Constitution  would 
be  adopted  without  first  submitting  the  same  to  the 
people  for  ratification;  now,  therefore,  be  it 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
such  Constitution  as  may  be  adopted  by  this  Conven- 
tion, shall  be  submitted  to  the  qualified  voters  of  Ala- 
bama for  ratification. 

Mr.  Reese  moved  that  the  rules  be  suspended  and  that 
the  resolution  be  put  upon  its  passage. 

Mr.  Watts  moved  to  strike  out  the  preamble  of  the 
resolution. 

Mr.  Reese,  by  unanimous  consent,  agreed  to  the  mo- 
tion of  Mr.  Watts,  and  the  resolution,  as  amended,  read 
as  follows: 


40 


Journal  of  Alabama 


Be  it  resolved,  that  it  is  the  sense  of  this  Convention 
that  such  Constitution  as  may  be  adopted  b}'  this  Con- 
vention, shall  be  submitted  to  the  qualified  voters  of 
Alabama  for  ratification. 

Mr.  Lomax  offered  the  following  substitute  for  the 
resolution  offered  b}^  Mr.  lleese : 

Eesolved,  That  it  is  the  sense  of  this  Convention 
that  all  the  pledges  of  the  Democratic  party  made  in 
the  platform  adopted  in  April,  1901,  that  ''that  the  Con- 
stitution adopted  by  this  Convention  shall  be  submitted 
to  the  people,''  shall  be  carried  out  and  fulfilled. 

Mr.  Brooks  demanded  the  previous  question,  and 
resolution,  which  was  ordered. 

Mr.  Walker  moved  to  table  the  substitute  offered  by 
Mr.  Lomax,  and  the  motion  prevailed. 

The  question  recurred  on  the  motion  of  Mr.  Reese  on 
a  suspension  of  the  rules  and  passage  of  the  resolution. 

]Mr.  Cunningham  demanded  a  yea  and  nay  vote. 

The  rules  were  suspended,  and  the  resolution  was 
adopted,  yeas,  145;  nays,  0. 


YEAS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 


Carmichael  ( Colbert) ^ 

Carmichael  ( Coffee) , 

Carnathon, 

Case, 

Chapman, 

Cobb, 

T'ofer, 

^'oh^nmn  (Greene), 

Coleman  ( Walker )  ^ 

Corn  well, 

Craig, 

CiiTiningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Duke, 

Espy, . 

Eyster, 


Constitutional  Convention.. 


41' 


Ferguscn, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Hefl'in  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 


McMillan  (Baldwin), 

McMillan  (Wilcox), 

Maloue, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Mnrphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  ( Lauderdale ) , 

O'Neill  (JefPerson), 

Opp, 

O'Kear, 

Palmer, 

Parker  ( Cullman ) , 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Procto", 

Reese, 

Renfro, 

Reynolds  (Chilton),, 

Reynolds  ( Henry ) , 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

Sanford, 

Searcy, 


42  Journal  of  Alai'.ama  ; 

Selheimer,  Vaiiiihau, 

Sentell,  Waddell, 

Sloan,  Walker, 

Smith  (Mobile),  Watts, 

Smith,  Mac.  A.,  Weakley, 

Smith,  Morgan  M.,  Weatherlv, 

Sollie,  "  White, 

Sorrell,  Whiteside, 

Spears,  Williams  (Marengo), 

Spragins,  Williams  (Elmore), 

Stewart,  Wilson  (Clarke), 

Studdard,  Wilson  (Washington). 

Tajloe,  Winn. 

Thompson, 

Mr.  Harrison  offered  the  following  resolution : 

Eesolved,  That  when  this  Convention  adjourn  to-day 
it  adjourn  to  meet  at  12  o'clock  on  Monday  next. 

Mr.  Harrison  moved  that  the  rules  be  suspended  and 
that  the  resolution  be  put  on  its  immediate  passage. 

Mr.  Cunningham  raised  the  point  of  order  that  the 
resolution  was  a  privileged  resolution,  and  did  not  re- 
quire a  suspension  of  the  rules. 

The  Chair  sustained  the  point  of  order,  and  the  reso- 
lution was  adopted. 

PRIVILEGES    OP    THE    FLOOR. 

Mr.  Gates  moved  that  the  privileges  of  the  floor  be 
■extended  to  the  Hon.  E.  W.  Pettus. 

Mr.  O'Neil,  of  Jefferson,  moved  to  amend  the  motion 
of  Mr.  Gates  by  including  the  Hon.  John  T.  Morgan. 

The  amendment  was  accepted,  and  the  motion  was 
unanimously  adopted. 

RESOLUTIONS. 

Mr.  Pettus  offered  the  following  resolution : 
Be  it  resolved,   That  in  its  action  this  Convention 
■shall  adhere  and  be  governed  by  the  act  of  the  General 
Assembly,  approved  December  11,  1900,  providing  for 


Constitutional  Convention.  43 

the  lioldiiig  of  this  Couvention, 

The  resolution  .  was  referred  to  the '  Committee  on 
Kules. 

KEPORT   OF    SPECIAL   COMMITTEE. 

Your  committee  to  inquire  into  the  desirability, 
practicability  and  probable  cost  of  obtaining  a  full  and 
accurate  stenographic  report  of  the  proceedings  of  this 
Convention,  make  the  following  report : 

We  called  before  us  the  stenographers  applying  for 
the  contract,  and  received  from  them  such  information 
touching  said  work  as  was  obtainable. 

Mr.  McGauly  submitted  the  folloAving  proposition, 
to-wit : 

Montgomery,  Ala.,  May  21,  1901. 

Alahaina  Const  it  at  tonal  Convention,  Montgomery^  Ala. 

Gentlemen — I  would  respectfuly  submit  the  follow- 
ing proposition: 

I  will  undertake  to  furnisli  an  accurate  verbatim 
stenographic  report  of  each  day's  proceedings  of  the 
■Constitutional  Convention,  and  deliver  one  thousand 
(1,000)  printed  copies  thereof,  to  the  Secretary  of  the 
Convention  by  9  o'clock  on  the  morning  of  each  days 
succeeding  that  on  which  such  proceedings  were  had, 
for  the  sum  of  seventy  dollars  (flO.OO)  per  diem,  for 
whatever  number  of  days  the  Convention  may  remain 
in  session.  Should  the  Convention  not  convene  on  any 
clay,  i.  e.,  Sundays  and  recess  days,  no  per  diem  charge 
to  be  made. 

In  consideration  of  the  per  diem  compensation  quoted 
above,  I  will  undertake  to  associate  with  me  a  sufficient 
number  of  skilled  and  experienced  stenographers,  men 
in  every  way  competent  to  perform  this  class  of  work, 
who  will  act  in  relays — succeeding  each  other  at  short 
intervals  throughout  the  session;  (2)  a  staff  of  type- 
writers to  whom  the  stenographers  will  dictate  their 
notes;  (3)  reliable  and  responsible  printers  with  ample 


44  Journal  of  Alabama 

facilities  to  print  and  fiirnisli  1,000  copies  of  the  pro- 
ceedings each  morning  by  9  o'clock. 
Very  respectfully, 

Pat  McGauly. 

Messrs.  Hoffman  &  May  submitted  the  following 
proposition,  to-wit : 

Montgomery,  Ala.,  May  23,  1901. 

To  the  Committee  having  in  charge  the  question  of 
steuographically  reporting  the  proceedings  of  the  Con- 
vention, etc. 

Gentlemen  of  the  Committee — We  beg  to  submit  for 
your  consideration  two  plans  upon  which  we  propose 
to  report  the  proceedings. 

We  are  informed  by  The  Advertiser  that  he  will 
print  daily,  in  a  separate  supplement  to  his  newspaper, 
the  full  proceedings  of  the  day  before  for  the  sum  of 
|25  per  day,  and  we  are  authorized  to  make  the  proposi- 
tion to  this  committee  as  coming  from  him.  He  will 
furnish  to  the  Convention  for  this  sum  200  copies  of 
the  supplement  free  of  charge. 

If  it  is  desired  to  have  this  done,  we  will  begin  deliv- 
ering copy  to  him  at  1  o'clock  each  day,  and  thereafter, 
■with  sufficient  rapidity,  copy  will  be  delivered  to  him 
to  keep  the  printers  busy  and  enable  them  to  have  the 
same  printed  in  the  morning  paper.  We  will  do  this 
for  |2,500  for  the  first  thirty  working  days  of  the  Con- 
vention. Should  the  session  of  the  Convention  extend 
beyond  that  time,  we  will  perform  the  same  work  dur- 
ing tlie  additional  time  over  thirty  days  for  the  sum  of 
f  125  per  week  or  fraction  thereof. 

Should  it  not  be  desired  to  print  these  proceedings 
daily  as  above  outlined,  we  will  report  the  proceedings 
and  lay  on  the  tal)le  of  the  Secretary  each  morning  a 
complete  and  accurate  report  of  the  previous  day's  ses- 
sion for  |2,250.00  for  the  first  thirty  working  days  of 
the  session,  and  |350  per  week  or  fraction  thereof  in 
excess  of  that  time. 

As  there  are  others  seeking  this  contract,  and  as  the 
work  will  not  be  of  anv  service  to  the  Convention  or 


Constitutional  Convention.  45 

State  unless  absolutely  accurate,  we  are  willing  to 
submit  to  the  following  test :  Let  our  corps  of  reporters 
and  the  corps  of  any  other  applicant  or  applicants  take 
the  proceedings  on  any  day  named  hj  the  committee, 
and  then  let  the  committee  order  both  corps  to  trans- 
cribe the  proceedings,  or  to  come  before  the  committee 
and  read  from  shorthand  whatever  may  be  desired  and 
let  the  contract  be  awarded  the  corps  showing  the 
greatest  facility  in  reading  or  making  the  best  trans- 
cript, as  the  case  may  be. 

We  wish  to  assure  the  committee  that  we  have  a  corps 
of  reporters  whose  ability  to  do  this  work  cannot  be 
(luestioned,  and  we  are  so  well  satisfied  ourselves  on 
this  point  that  we  will  gladly  submit  to  the  severe  test 
of  abilitj'  above  proposed,  if  it  is  required. 

We  are  ready  to  name  our  corps  of  reporters  to  the 
<:-oniniittee,  and  would  suggest  the  advisability  of  hav- 
ing other  applicants  do  the  same,  that  the  committee 
may  judge  as  to  whether  any  particular  corps  can  or 
cannot  do  the  work  in  a  satisfactory  manner. 

If  either  of  these  propositions  is  accepted,  we  request 
the  committee  to  recommend  the  appointment  of  F.  O. 
Hoffman  of  Mobile  and  E.  L.  May  of  Montgomery, 
jointly,  as  the  official  stenographers  of  this  Convention. 

llespectfuUy  submitted, 

Francis  O.  Hoffman^ 
E.  L.  May. 

The  last  proposition,  including  the  printing,  would 
amount  in  the  aggregate  to  |3,100.00  per  month  of 
twenty-six  working  days,  or  for  thirty  days  as  set  forth 
therein. 

The  proposition  of  Mr.  McCfauly  for  the  same  length 
of  time,  or  twenty-six  days,  would  cost  |1,820.00. 

No  test  was  made  by  the  committee  as  to  the  capacity 
and  efficiency  of  the  bidders,  "as  we  had  no  opportunity 
in  our  limited  time,  but  presuming  that  each  of  them 
Avere  capable,  and  to  fix  their  responsibility  for  doing 
the  work  accurately,  we  recommend  that  the  successful 
bidder  be  required  to  give  a  bond,  payable  to  the  State 
of  Alabama,  to  be  approved  by  the  President  of  this 


46  Journal  of  Alabama 

CouveutioD,  iu  the  sum  of  |1,500.00,  and  conditioned 
that  lie  perform  his  duties  as  such  reporter,  according^ 
to  the  terms  of  his  contract. 

Your  committee  recommend  a  full  and  complete  re- 
port of  the  proceedin<j,s  of  this  Convention,  and  as  Mr. 
McGauly's  proposition  incurs  much  less  expense  to  the 
State  than  that  of  Messrs.  Hoffman  &  May,  the  com- 
mittee recommend  that  it  be  accepted  by  the  Conven- 
tion. 

Should  the  aforesaid  report  be  adopted  by  the  Con- 
vention,  your   committee   recommend  the   adopti(jn    , 
the  following  resolution : 

Kesolved,  That  the  President  of  this  Convention  be, 
and  he  is  hereby  authorized  to  enter  into  a  contract  with 
Mr.  Pat  McGrauly  to  furnish  daily  a  correct  and  full 
stenographic  report  of  the  proceeding-s  of  this  Conven- 
tion, and  to  require  him  to  enter  into  bond  with  good 
surety  in  the  penal  sum  of  |1,500,00,  paj^able  to  the 
State  of  Alabama,  for  the  faithful  performance  of  this 
contract.  And  any  substantial  failure  on  the  part  of 
said  3Ic(>auly  to  comply  with  his  said  contract  shall  be 
deemed  a  breach  of  said  bond. 

Your  committee  ask  the  adoption  of  this  report,  and 
that  they  be  discharged. 

Wm.  C.  Gates. 

minority  report. 

Mr.  Ashcraft,  of  the  special  committee,  offered  the 
following  minority  report : 
Mr.  Pi-f.sidcnt,  and  (renfleinen  of  the  Convention: 

The  undersigned,  member  of  the  special  committee 
appointed  to  consider  the  propriety  and  expense  of  a 
stenographic  report  of  all  the  proceedings  of  this  Con- 
vention, feels  constrained  to  dissent  from  the  opinion 
of  the  majority,  and  begs  leave  to  submit  the  following 
minority  report: 

The  Journals  of  this  Convention  will  contain  a  full 
record  of  all  its  otticial  proceeding.-!.  The  stenographic 
report  will  contain,  in  addition  to  these  proceedings,  a 
full  report  of  all  speeches  and  dehates.     The  majority 


Constitutional  Convention.  47 

claimed  three  advantages  for  a  report  of  these  si3eeches 
and  debates : 

First — It  is  claimed  that  they  will  throw  great  light 
in  the  future,  upon  the  true  interpretation  of  the  Con- 
stitution. I  can  not  concur  in  this  view.  We  and  those 
who  are  to  come  after  us,  will  3'et  be  wiser  than  we  are 
now.  We  will  write  a  new  Constitution  with  patriotic 
purposes,  based  upon  the  highest  reasons  within  our 
grasp,  and  make  the  noblest  uses  of  it  we  can.  Here- 
after the  same  patriotism,  in  the  light  of  new  and  hap- 
pier experiences,  will  find  higher  reasons  for  our  ac- 
tion, and  nobler  uses  for  our  work.  When  this  work  is 
tested  before  the  Supreme  Court  of  the  United  States, 
we  do  not  want  that  body  to  search  for  light  amid  the 
impassioned  darkness  of  the  debates  on  the  Fourteenth 
and  Fifteenth  Amendments.  Nor  will  we  want  it. 
judged  by  the  bitterness  which  the  sense  of  our  ever 
pressing  injury  will  be  sure  to  infect  our  debates.  We 
are  going  to  approach  right  conclusions,  but  we  will 
sometimes  be  driven  from  the  straight  course  by  the 
irresistible  storm. 

Second — It  is  claimed  by  the  majority  that  the  publi- 
cation of  the  speeches  and  debates  will  be  of  great  value 
in  educating  our  people  to  the  needs  of  a  new  Constitu- 
tion and  the  reasons  for  the  particular  form  it  shall 
take.  I  do  not  believe  it  Will  possess  this  value.  The 
press  of  this  State  is  in  favor  of  this  movement,  and,  if 
we  give  good  reasons  for  our  course,  those  reasons  will 
be  promulgated  and  given  the  widest  circulation  by  our 
patriotic  editors.  If  we  give  bad  reasons,  they  will  be 
charitably  censored,  and  the  evil  influence  restrained. 
Again,  the  great  questions  before  the  Convention  will 
be  chiefly  determined  before  the  committees,  and  it  is 
urged  by  some  that  the  main  question  we  are  here  to 
determine  should  be  considered  in  executive  session. 
While  I  do  not  commit  myself  to  this  proposition,  I 
mention  it  to  show  the  anxiety  felt  as  to  the  nature  of 
the  arguments  which  may  be  advanced. 

Third — The  majority  claim  that  a  knowledge  of  the 
fact  that  every  word  is  to  be  recorded  will  lend  dignity 
and  solemnity  to  the  discussions.     This  does  not  com- 


48  JouENAL  OF  Alabama 

port  with  my  limited  observations  of  men.  If  there  are 
any  who  are  rash  or  lightminded,  they  are,  of  all  per- 
sons, least  conscious  of  that  fact,  and  lig'htly  rush  in, 
while  those  who  are  conservative  and  conscious  of 
the  weight  of  responsibility,  hesitate.  I  believe  this 
full  report  will  repress  discussion  by  this  latter  class, 
.and  will  increase  it  by  the  former  class;  if  any  such  are 
members  of  this  Convention. 

While  I  am  satisfied  that  the  arrangement  planned  by 
the  committee  is  the  most  advantageous  which  can  be 
had,  I  do  not  believe  the  proposed  investment  is  the 
best  use  that  can  be  made  of  the  money  for  the  good  of 
•the  people. 

With  the  profoundest  regret,  I  am,  for  the  reasons 
briefly  stated  above,  compelled  to  differ  from  the  able 
and  patriotic  gentlemen  who  compose  the  majority,  and 
to  report  that  I  do  not  believe  it  is  expedient  for  this 
Convention  to  cause  a  stenographic  report  of  its  pro- 
ceedings to  be  made,  and  to  incur  the  expense  thereof. 

John  T.  x\shcraft. 
Member  of  the  Committee. 

Mr.  Ashcraft  moved  to  substitute  the  minority  re- 
port for  the  majority  report. 

Mr.  Cobb  moved  that  the  further  consideration  of  the 
report  of  the  committee  go  over  until  Monday,  and  that 
it  be  made  a  special  order,  on  that  day  immediately  after 
the  reading  of  the  Journal. 

The  motion  was  lost. 

Mr.  Gates  demanded  the  previous  question  on  the 
motion  of  Mr.  Ashcraft  to  substitute  the  minority  re- 
port for  the  majority  report. 

The  ayes  and  nays  were  demanded. 

The  motion  was  lost,  yeas,  60;  nays,  80. 

yeas. 

Messrs.  Ashcraft,  Bulger, 

Barefield,  Burns, 

Beavers,  Byars, 

Beddow,  Carmichael  (Colbert), 

Boone,  Carnathon, 


Constitutional  Convention. 


49 


CJase, 
diapman, 
Cobb, 
Cofer, 

Coleman  (Greene), 
Coleman  (Walker), 
Davis  (DeKalb), 
Duke, 
Fitts, 
Fletcher, 
Glover, 
Gra3^son, 
H^ley, 

Heflln  (Chambers), 
Heflin  (Randolph), 
Hodges, 
Howze, 
Inge, 
Jackson, 
Kirk, 
Kirkland, 
Ledbetter, 
Locklin, 
Xiong  (Butler), 
Long  (Walker), 


McMillan  (Wilcox), 

Malone, 

Maxwell, 

Miller  (Marengo), 

Moody, 

Mulkey, 

Norwood, 

Opp, 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Proctor, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Samford, 

Smith,  Mac,  A., 

Smith,  Morgan  M., 

Sorrell, 

Spragins, 

^"N'alker, 

^A>akley, 

Williams  ( Marengo ) , 

Wilson  (Clarke). 


2s  AYS. 


Messrs.  President, 

Altman, 

JBanks, 

Bethune, 

Blackwell, 

Brooks, 

I5rowne, 

Burnett, 

Cardon, 

Carmichael  (Coffee), 

Cornwell, 

Cunningham, 

Davis  (Etowah), 

4 


Dent, 

Espy, 

Ferguson, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Greer  (Calhoun), 

Greer  (Perry), 

Handley^ 


50 


Journal  of  Alabama 


Harrison, 

Henderson, 

Hinson, 

Hood, 

Howell, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  ( Montgomery )  ^ 

Jones  (Wilcox), 

Knight, 

i^eigh, 

Lomax, 

Lowe  (Jefferson), 

McMillan  ( Bakhvin ) , 

Martin, 

Merrill, 

Miller  (Wilcox),  ? 

Morrisette, 

]Mnrphree, 

NeSmitli, 

Norman, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

O'Eear, 

Palmer, 


Parker  (Cullman),. 

Pillans, 

Pitts, 

Porter, 

Kenfro, 

Bevnolds  (Chilton),. 

Ixogers  (Sumter), 

Sanders, 

Sauford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Sol  lie, 

Spears, 

Stewart, 

Studdard, 

Thompson, 

Vaughan, 

Waddell, 

AVatts, 

Weatherlv, 

White, 

Whiteside, 

Wi  ls(  tn  ( Washington ) 

Winn. 


CHANGE  OF  VOTE. 

Air.  Greer,  of  Calhoun,  changed  his  vote  from  aye  to 
no  for  the  purpose  of  moving  a  reconsideration  of  the 
vote. 


PAIRS   ANNOUNCED. 

Afr.  Eyster  announced  that  he  was  paired  with  the 
delegate  from  Perry,  Mr.  Tayloe,  if  Mr.  Tayloe  was 
present  he  would  vote  aye,  and. Air.  Eyster  would  vote- 
no. 


•  Constitutional  Convention.  51 

reconsideration  of  vote. 

Mr.  Browne  moved  to  reconsider  the  vote  by  which 
the  minority  report  was  k)st,  and  to  lay  that  motion  on 
the  table. 

The  motion  prevailed. 

ADOPTION    OF    MAJORITY    REPORT. 

Mr. 'Gates  moved  that  the  majority  report  of  the  spe- 
cial committee  be  adopted,  and  the  motion  prevailed. 

Mr.  Long,  of  Walker,  offered  a  substitute  for  the 
majority  report.    The  substitute  was  ruled  out  of  order. 

RESOLUTIONS. 

Mr.  Eyster  offered  the  following  resolution,  by  re- 
quest : 

Resolved,  That  in  order  to  test  the  accuracy  of  any 
report  that  nmy  be  made  of  the  proceedings  of  this 
Convention,  the  following  tests  shall  be  had : 

1.  That  said  reporter  or  reporters  who  may  be  em- 
ployed to  do  this  work,  shall  be  required  on  to-morrow 
morning  to  furnish  a  transcript  of  the  proceedings  this 
day  had,  or  such  other  day  as  the  Convention  shall  re- 
quire, and  the  reporter  or  reporters  furnishing  the  best 
transcript  shall  be  awarded  the  work. 

2.  That  said  reporter  or  reporters  shall  be  called 
upon  to  read  their  notes  on  the  floor  of  the  Convention 
when  occasion  requires,  and  the  reporter  or  reporters 
reading  their  notes  most  fluently  and  satisfactorily  shall 
be  awarded  the  work. 

3.  That  the  Rules  Committee,  when  said  Convention 
is  not  in  session,  shall  call  said  reporters  before  them 
and  request  a  reading  of  any  part  of  their  notes,  and 
those  reporters  reading  them  most  satisfactory  shall  be 
awarded  the  work. 

Resolved  further,  that  the  Rules  Committee  may 
adopt  any  other  mode  of  testing  this  question  that  they 
may  see  fit. 

Resolved  further,  that  no  steps  shall  be  taken  to 
make  permanent  arrangements  with  regard  to  this  work 
until  some  one  of  the  above  tests  have  been  made. 


62  Journal  of  Alabama 

Resolved  further,  that  the  price  shall  meet  with  the 
approval  of  the  ConveDtion  before  any  work  of  this 
character  shall  be  authorized. 

Mr.  Sanford  raised  the  point  of  order  that  the  reso- 
lution was  out  of  order,  in  that  the  majority  report  of 
the  committee,  which  had  been  adopted,  authorized  a 
contract  with  a  competent  stenographer  therein  carried, 
thereby  rendering  a  test  unnecessary. 

The  point  of  order  was  sustained,  and  the  resolution 
was  ruled  out  of  order. 

ADJOURNMENT. 

On  motion  of  Mr.  Long,  of  Butler,  the  Convention 
adjourned  until  12  o'clock  m.  Monday. 


FIFTH  DAY. 

Convention  Hall. 
Montgomery,  Ala.,  Monday,  May  27,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Neal  Anderson  of  the 
city. 

ROLL  call. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names: 


Messrs.  President, 

Blackwell, 

Almon, 

Boone, 

Altman, 

Brooks, 

Banks, 

Browne, 

Barefield, 

Bulger, 

Bartlett, 

Burnett, 

Beddow, 

Burns, 

Bethune, 

Byars, 

Constitutional  Con v ention. 


53 


Cardon, 

Carmiclmel  ( Colbert ) , 

Carmichael  ( Coffee) , 

Carnathon, 

Case, 

Chapman, 

Coleman  (Greene), 

Coleman  (Walker),    . 

Cornwell, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGi-affenried, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  ( Talladega ) , 

Grant, 

Grayson, 

Greer  (Calhoun), 

Handley, 

Harrison, 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 


Jones  (Bibb), 

Jones  (Hale), 

J(mes  ( Montgomery ) , 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Lomax, 

Long  (Butler), 

Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

^lorrisette, 

Mulkey, 

NeSniith, 

Norman, 

Norwood, 

Gates, 

O'Neal  ( Lauderdale ) , 

O'Neill  (Jefferson), 

OpD, 

O'Rear, 

Palmer, 

Parker  (Elmore), 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reesp, 

Renfro, 

Reynolds  (Chilton), 

Reynolds  (Henry), 


54 


Journal  of  Alabama 


Rogers  (Lowndes) 

Rogers  (Sumter), 

Sam  ford, 

SanfoiNi, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smitli,  Mao.  A., 

Smith,  Morgan  M. 

Sollie, 

Spears, 

Spragins, 

Stewart, 


Studdard, 
Tavloe, 
Thompson, 
Vaughan, 
^Valker, 
Watts, 
A\'eakley, 
Weatherlv, 
Wliite, 
AVhiteside, 

^Villiams  (  Barbour ) , 
Williams  (Marengo), 
^Villiams  (Elmore), 
AVilson  (Clarke), 
Winn, 


A  quorum  was  present,  one  hundred  and  twenty- 
eight  delegates  having  answered  to  their  names. 

LEAVES   OF    ABSENCE. 

Was  granted  to  Messrs.  Ledbetter,  Sanders,  Craig, 
Ashcraft,  Parker  of  Cullman,  Greer  of  Perry,  and  Wad- 
dell  for  to-day;  to  Messrs.  Long  of  Walker,  Locklin, 
Cofer,  Haley  and  Pearee  for  to-day  and  to-morrow;  to 
Messrs.  Harrison  and  lienfroe  for  three  davs. 


.JOURNAL. 

On  motion  of  'Sir.  Pettus  the  reading  of  the  Journal 
was  dispensed  with,  and  the  same  was  referred  to  the 
Committee  on  the  Journal. 

REPORT    OF    THE    COMMITTEE   ON    RULES. 

Mr.  Knox,  cliairman  of  the  Committee  on  Rules,  sub- 
mitted tlie  following  report : 


Constitutional  Convention.  55 

EULES  OF  THE  CONSTITUTIONAL  CONVENTION 

1901. 

DUTIES   AND   RIGHTS  OF  THE   PRESIDENT. 

Opeiiiiif/  of  DaUji  Sessions. 

Rnle  1. — The  President  shall  take  the  chair  every  day 
at  the  hour  fixed  on  the  preceding  adjournment;  shall 
immediately  call   the  deleoates  to  order,   and   proceed 
with  the  regular  order  of  business. 
Order;  Dis-ciissioii    of  Points   of;   Appeals    Therefrom. 

Rule  2. — He  shall  preserve  order  and  decorum;  may 
speak  to  points  of  order  in  i)reference  to  other  dele- 
gates, rising  from  his  chair  for  that  purpose.  He  shall 
decide  questions  of  order,  subject  to  an  appeal  to  the 
Convention,  at  the  request  of  any  delegate;  which  ap- 
peal shall  be  decided  without  debate,  except  that  the 
delegate  taking  the  appeal,  or  any  other  delegate  to 
whom  he  may  yield,  nuiy  speak  to  the  appeal  not  exceed- 
ing five  minutes.  An  appeal  shall  not  l)e  put  to  the 
Convention  unless  it  is  seconded. 

Questions,  Hoir  Put  and  Decided. 

Rule  3. — He  shall  rise  to  put  a  question,  l)ut  may 
state  it  sitting.  All  questions  shall  be  distinctly  put  in 
tbis  form,  viz.:  "Those  in  favor  of  (as  the  question 
may  be)  say  aye,"  and  after  the  affirmative  vote  is  ex- 
pressed "those  opposed  to  the  motion  say  no."  If  the 
President  doubts,  or  a  division  is  called  for  before  a  de- 
cision is  announced,  thev  shall  divide.  Those  in  the 
affirmative  of  tlie  question  shall  rise  from  their  seats; 
and  afterwards  those  in  the  negative.  The  President 
sball  then  state  the  decision  of  the  Convention. 

3Iai/  suhstitute  temporary  President. 

Rule  4. — He  shall  have  a  right  to  name  anv  delegate 
to  perform  the  duties  of  the  Chair,  but  such  substitu- 
tion shall  not  extend  beyond  an  adjournment. 


56  Journal  of  Alabama 

Calendar. 

KuLE  5. — The  President  shall,  Avhenever  he  deems  it 
necessary  for  the  speedy  dispatch  of  business,  order  the 
calendar  printed  for  the  use  of  delegates. 

Signature  of  President,  Etc.;  to  What  Required. 

Rule  6. — All  ordinances  which  have  been  finally  acted 
upon  by  the  Convention,  shall  be  signed  by  the  Presi- 
dent, and  all  other  acts  of  the  Convention,  except  reso- 
lutions, which  it  may  become  necessary  to  reduce  to- 
writing,  shall  l)e  evidenced  by  the  signature  of  the  Presi- 
dent, attested  by  the  Secretary, 

OFFICERS  OTHER  THAN  PRESIDENT. 

Officers  and  Employes;  Terms  of. 

Rule  7. — All  officers  and  employes  appointed  or  elect- 
ed by  the  Convention,  shall  hold  their  offices  at  the 
pleasure  of  the  Convention  only,  and  the  clerks  of  com- 
mittees at  the  pleasure  of  the  committee  for  which  they 
were  appointed. 
Journal;  Endorscmoit  of  Resolutions,  Ect.;  Documents. 

Rule  8. — The  Secretary  shall  keep  a  correct  journal 
of  the  proceedings  of  the  Convention  in  a  well-bound 
book,  to  be  provided  for  that  purpose,  and  shall  read 
the  same  daily  to  the  Convention,  if  required.  He  shall 
be  responsible  to  the  Convention  for  the  accuracy  of 
the  journal,  and  for  the  faithful  and  prompt  execution 
of  the  work  ordered  by  the  Convention.  He  shall  en- 
dorse all  resolutions  and  orders  proper  to  be  endorsed; 
he  shall  keep  in  his  charge  all  documents  in  the  custody 
of  the  Convention,  and  keep  them  in  order,  and  shall 
perform  such  other  duties  as  may  lie  required  by  the 
Convention. 

Register  of   Ordinances. 

Ri'LE  0. — The  Secretary  shall  keep  a  register  of  ordi- 
nances, which  shall  show  the  titTe  of  each  ordinance  in 
the  order  in  which  it  was  introduced,  and  the  several 


Constitutional  Convention.  57 

actions  of  the  Convention  shall  be  noted,  with  the  date 
of  the  action,  immediateh'  below  the  title.  He  shall 
keep  an  index  to  the  register,  arranged  according  to 
the  names  of  the  delegates,  and  also  the  subject  matter 
of  the  ordinances. 

Scrgea nt-at-Arms ;   Door-Kecper. 

R.ULE  10. — The  door-keeper  shall  perform  the  duties 
of  Sergeant-at-Arms.  He  shall  execute  the  orders  of 
the  President  and  of  the  Convention.  He  shall  keep  in 
order  the  hall.  He  shall  keep  the  door  of  the  hall, 
and  perform  such  other  duties  as  may  be  required  of 
him. 

RULES  OF  DECORUM  AND  DEBATE. 

Delegates  Shall  Address  Chair. 

Rule  11. — When  any  delegate  is  about  to  speak  or 
deliver  any  matter  to  the  Convention,  he  shall  rise  from 
his  seat  and  respectfully  address  himself  to  the  Presi- 
dent. 

Calling  Delegate  to  Order. 

Rule  12. — If  any  delegate  transgress  the  rules  of 
this  Convention,  the  President  shall,  or  any  delegate 
may,  call  him  to  order;  in  which  case  the  delegate  so 
called  to  order,  if  speaking,  shall  immediately  sit  down, 
unless  permitted  to  explain.  The  point  of  order  raised 
shall  be  stated  when  the  delegate  is  called  to  order,  and 
decided  by  the  President,  and  the  Convention  shall,  if 
appealed  to,  decide  on  the  case,  but  without  debate.  If 
the  decision  be  in  favor  of  the  delegate  called  to  order 
he  shall  be  at  liberty  to  proceed;  if  the  decision  be 
against  him,  and  he  refuses  to  obey,  the  President  may 
direct  the  Sergeant-at-Arms  to  seat  him  or  remove  him 
from  the  floor  of  the  Convention,  and  he  may  be  liable 
to  the  censure  of  the  Convention. 


-58  Journal  of  Aladama 

Recognition  hij  the  Chair. 

Rule  13. — When  two  or  more  delegates  happen  to 
rise  at  the  same  time,  the  President  shall  name  the  per- 
son who  is  first  to  speak. 

Speeches;  Number  and  Lenyth   of;  Exceptions. 

Rule  14. — No  delegate  shall  speak  more  than  once 
to  the  same  question,  nor  more  than  half  an  hour  at 
any  time,  without  leave  of  the  Convention,  unless  he 
be  the  mover  or  chairman  of  the  committee  proposing 
the  matter  pending,  in  which  case  he  shall  be  permitted 
to  speak  in  reply,  but  not  until  every  delegate  choosing 
to   speak   shall   have  spoken. 

Respect  to  Chair  and  Deleyates;   Visiting  Secretary's 

Desk. 

Rule  15. — While  the  President  is  putting  any  ques- 
tion or  addressing  the  Convention,  no  person  shall  walk 
out  of  or  across  the  hall  of  the  Convention ;  nor  in  such 
€ase,  or  when  a  delegate  is  speaking,  shall  entertain  pri- 
vate discourse,  nor  while  a  delegate  is  speaking  shall 
pass  between  him  and  the  Chair.  Every  delegate  shall 
remain  uncovered  during  the  session  of  the  Convention. 
No  delegate  or  other  person  shall  visit  or  remain  by  the 
Secretary's  table  while  the  yeas  and  nays  are  being 
called,  or  ballots  are  being  counted. 

Personalities. 

Rule  1G. — Delegates  shall  particularly  forbear  per- 
sonal reflections;  nor  shall  any  delegate  name  another 
in  argument  or  debate. 

Previous   Question. 

Rule  17. — The  previous  question  shall  be  in  the  fol- 
lowing form  :  "Shall  the  main  question  be  now  put?''  If 
demanded  by  a  vote  of  a  majority  of  the  delegates  pres- 
ent, its  effect  shall  but  to  cut  off  all  debate  and  bring 


Constitutional  Convention.  59 

the  Convention  to  a  direct  vote,  but  the  mover  of  the 
question,  or  the  chairman  of  the  committee  having 
charge  of  the  bill  or  resolution,  shall  have  the  right  to 
close  the  debate,  after  the  call  for  the  previous  question 
has  been  sustained,  for  not  more  than  thirty  minutes, 
unless  the  Couveuiion  extends  the  time.  The  demand 
for  the  previous  question  may  be  limited  by  the  mover 
to  any  subsidiary  motion  or  motions  not  of  a  higher  rank 
than  the  motion  for  the  previous  question,  or  made  to 
apply  to  the  main  question  and  all  subsidiary  motions. 

Motion   for  Previous   Question;   Incidental   Points   of 
Order  Pending. 

Rule  18. — On  a  previous  question  there  shall  be  no 
debate.  All  incidental  questions  of  order  arising  after 
a  motion  is  made  for  the  previous  question,  and  pend- 
ing such  motion  shall  be  decided,  whether  on  appeal  or 
otherwise,  without  debate. 

^tnohing. 

Rule  19. — No  person  shall  be  allowed  to  smoke  with- 
in the  house,  lobby  or  gallery. 

Applause. 

Rule  20. — No  applause  shall  be  permitted,  either  on 
the  floor  or  in  the  gallery  of  the  Convention. 

Lobby  or  Gallery  May  Be  Cleared. 

Rule  21. — In  case  of  any  disturbance  or  disorderly 
conduct  in  the  lobby  or  gallery,  the  President  shall  have 
the  power  to  order  the  same  to  be  cleared. 

ORDER  OF  BUSINESS. 

Order  of  Business. 

Rule  22. — The  following  shall  be  the  order  of  busi- 
ness in  the  Convention : 
1.     Call  to  order. 


60  Journal  of  Alabama 

2.  Prayer. 

3.  Ascertainment  of  quorum. 

4.  Report  of  Committee  on  Journal. 

5.  Approval  of  Journal. 

6.  Call  of  the  roll  in  alphabetical  order  for  the  in- 

troduction of  resolutions,  memorials,  petitions 
and  ordinances,  and  their  proper  reference. 

7.  Reports  of  standing  committees. 

8.  Reports  of  special  committees. 

9.  Unfinished  business. 

10.  Special  orders. 

11.  Consideration    of    ordinances    and    resolutions 

which  have  been  reported  from  committees. 

12.  Miscellaneous. 

If  the  call  of  the  roll  for  the  introduction  of  resolu- 
tions, etc.,  is  not  completed  on  any  day,  it  shall  be  re- 
sumed on  the  next  day  where  left  off  on  the  preceding 
day.  This  provision  shall  also  apply  to  reports  of 
standing  committees. 

RESOLUTIONS  AND  MOTIONS  AND  THEIR  PRE- 
CEDENCE. 

Motions:  Stated  or  Read;  When  to  Be  in  Writing. 

Rule  23. — When  a  motion  is  made,  it  shall  be  stated 
by  the  President;  or  if  in  writing,  shall  be  read  aloud 
by  the  Secretary ;  and  every  motion  shall  be  reduced  to 
writing  if  the  President  or  any  delegate  request  it. 

Withdrawal  of  Motions. 

Rule  24. — After  a  motion  is  stated  by  the  President, 
or  read  by  the  Secretary,  it  shall  be  deemed  in  the  pos- 
session of  the  Convention,  but  may  be  withdrawn  by 
leave  of  the  Convention,  at  any  time  before  decision. 

Precedence  of  Motions. 

Rule  25. — When  a  question  is  before  the  ConvontioUy 
motions   may   be  received   in  the  following   order,   to- 


Constitutional  Convention.  61 

wit:  First,  to  fix  the  time  to  wliieli  the  Coiiveution  shall 
adjourn;  second,  to  adjourn;  third,  to  laj  on  the  table; 
fourth,  for  the  previous  question;  fifth,  to  postpone  to 
a  certain  day,  not  beyond  the  prdbable  duration  of  the 
session;  sixth,  to  commit;  seventh,  to  amend;  eighth, 
to  indefinitely  postpone.  When  several  motions  shall 
have  precedence  in  the  order  in  which  they  are  arranged 
and  no  motion  to  postpone  to  a  day  certain,  to  commit, 
or  to  postpone  indefinitely,  being  decided,  shall  be  again 
allowed  on  the  same  day  and  at  the  same  stage  of  the 
motion  or  proposition. 

M^otion  to  Adjouni. 

Rule  2G. — A  motion  to  adjourn  shall  always  be  in 
order,  even  in  the  absence  of  a  quorum,  except  when  on 
the  call  for  the  previous  question,  the  main  question 
shall  have  been  ordered,  or  when  the  Chair  is  stating  a 
question,  or  when  the  roll  is  being  called  or  has  been 
called,  and  the  vote  has  not  been  announced,  or  when 
a  vote  is  being  verified,  or  when  a  member  has  the  floor, 
— and  such  motion  shall  be  decided  without  debate. 

Beconslderation.  i 

Rule  27. — When  a  vote  has  passed,  except  on  the 
previous  question,  or  on  motion  to  lay  on  the  table,  or 
to  take  from  the  table,  it  shall  be  in  order  for  any  dele- 
gate wlio  voted  with  the  majority  to  move  for  a  recon- 
sideration thereof  on  the  same  day,  or  within  the  morn- 
ing sesson  of  the  succeeding  day,  and  such  motion,  if 
made  on  the  same  day,  shall  be  considered  on  the  next 
succeeding  day  immediately  after  the  approval  of  the 
Journal ;  but  if  first  moved  on  such  succeeding  da}',  it 
shall  be  forthwith  considered;  and  when  a  motion  for 
reconsideration  is  decided,  that  decision  shall  not  be 
reconsidered,  and  no  question  shall  be  twice  reconsid- 
ered. A  motion  to  reconsider  a  vote,  upon  aiw  inciden- 
tal or  subsidiary  question,  shall  not  remove  the  main 
subject  under  consideration  from  the  house,  but  shall 
be  considered  at  the  time  when  it  is  made. 


62  Journal  of  Alabama 

Reference  of  Resolutions. 

Rule  28. — All  rei^olutioiis,  before  they  are  voted  on,, 
shall  be  referred  to  and  reijorted  from  the  Committee 
on  Knles. 

Reference;  Sidiidiiu/  Has  Precedence  of  ii pedal  Com- 
mittee on. 

EuLE  29. — When  motions  are  made  for  the  reference 
of  a  subject  to  a  select  committee  and  a  standing  com- 
mittee, the  question  for  the  reference  to  a  standing  com- 
mittee shall  be  first  put. 

Special  Orders. 

Rule  30. — Any  matter  may,  b^'  a  vote  of  the  major- 
ity present,  be  made  the  special  order  for  any  liour, 
which  shall  take  precedence,  at  that  hour,  of  an}'  other 
business  exce^Dt  a  motion  to  reconsider. 

Blanks;  Filling  in. 

Rule  31. — Motions  to  fill  blanks  shall  be  considered 
and  treated  as  other  amendments. 

Table;  Effect  of  Motion  to. 

Rule  32. — A  motion  to  table  shall  carry  to  the  table 
only  the  amendment,  question  or  questions  to  which  it 
is  addressed. 

RIGHT  AND  DUTIES  OF  DELEGATES. 

Absentees;  Call  of  the  House;  QiitJiion. 

Rt'LE  33. — T\venty-tiv(^  delegates  shall  liave  power  to 
send  for  absent  delegates,  or  to  move  a  call  of  the  house; 
but  no  call  of  the  house  shall  be  made  except  on  the  con- 
currence of  a  majority  of  the  deb^gates  present.  A  ma- 
jority of  the  ("onveution  shall  be  a  quorum  to  transact 
business. 


Constitutional  Convention.  63 

Roll  Call;  Hoio  Made. 

Rule  34. — Upou  the  call  of  the  Convention  for  tak- 
ing the  ayes  and  noes  on  any  (question,  the  name  of  the 
President  shall  he  tirst  called,  and  the  names  of  the 
delegates  shall  be  called  alphabetically,  and  each  dele- 
gate shall  answer  from  his  seat. 

Voting;  Inquiry  of  (^KC-stioii   Pending 

Rule  35. — When  any  question  is  taken  by  ayes  and 
noes,  and  a  delegate  who  has  been  absent  returns  before 
the  question  is  decided,  he  shall  be  privileged  to  make 
inquiry  of  the  subject  before  the  Convention,  and  re- 
cord his  vote  without  discussion. 

Ayes  and  Noes;  Call  for. 

Rule  36. — The  ayes  and  noes  shall  only  be  ordered 
when  the  call  therefor  is  sustained  by  thirty  delegates. 

Division  of  Question. 

Rule  37. — Au}^  delegate  may  call  for  a  division  of 
the  question  when  the  sense  will  admit  of  it. 

Voting  by  Ayes  and  Noes;  Question  Lost  if  Vote 

Equally  Divided. 

Voting;  Ayes  and  Noes. 

Rule  38. — Every  delegate  may  be  required  to  vote 
on  any  question  before  the  Convention.  When  the  ayes 
and  noes  are  ordered,  the  President  shall  be  first  called, 
and  if  the  Convention  be  equally  divided,  the  question 
shall  be  lost. 

Absence  of  Members. 

Rule  39. — -No  delegate  shall  absent  himself  from  the 
session  of  the  Convention,  unless  he  have  leave,  be  sick,, 
or  unable  to  attend. 


64  Journal  of  Alabama 

Explanation  of  Vote. 

Rule  40. — After  a  vote  has  been  ordered  upon  any 
question  no  delegate  shall  be  permitted  to  explain  his 
TOte  without  the  unanimous  consent  of  the  Convention. 

COMMITTEES. 

By  Wlioin   Coinmitlccs  Appointed;  Qiionini;  Stdnding 
Committees. 

liULE  41. — The  President  shall  appoint  all  committees 
unless  otherwise  directed  by  the  Convention.  A  ma- 
jority shall  constitute  a  quorum.  The  following  shall 
constitute  the  standing  committees  of  the  Convention : 

(1)  Rules,  of  which  the  President  shall  be  chairman, 
to  be  composed  of  nine  members,  and  which  shall  have 
the  right  to  report  at  any  time. 

(2)  Judiciary,  to  be  composed  of  twenty-five  mem- 
bers. 

(3)  Order,  Consistency  and  Harmony  of  the  Con- 
stitution, to  be  composed  of  twenty-five  members. 

(4)  Suffrage  and  Elections,  to  be  composed  of 
twenty-five  members. 

(5)  Legislative  Department,  to  be  composed  of 
nineteen  members. 

(6)  Local  Legislation,  to  be  composed  of  nineteen 
members. 

(7)  Education,  to  be  composed  of  nineteen  mem- 
bers. 

(8)  Taxation,  to  be  composed  of  nineteen  members. 

(9)  Executive  Department,  to  be  composed  of 
fifteen  members. 

(10)  Preamble  and  Declaration  of  Rights,  to  be 
composed  of  fifteen  members. 

(11)  Corporations,  to  be  composed  of  fifteen  mem- 
bers. 

(12)  Representation,  to  be  composed  of  fifteen 
members. 

(13)  Exemption,  to  be  composed  of  fifteen  members. 

(14)  ^Militia,  to  be  composed  of  fifteen  members. 


Constitutional  Convention.  65 

(15)  Banks  and  Banking,  to  be  composed  of  fifteen 
:meml)ers. 

(1())  Municipal  Corpora tit»ns,  to  be  composed  of 
fifteen  members, 

(17)  State  and  County  Boundaries,  to  be  composed 
of  fifteen  members. 

(18)  Impeachment,  to  be  composed  of  fifteen  mem- 
bers. 

(19)  Amending-  the  Constitution,  and  Miscellaneous 
Provisions,  composed  of  fifteen  members. 

(20)  Journal,  composed  of  five  members. 

(21)  Schedule,  Printing  and  Incidental  Expendi- 
tures, to  be  composed  of  nine  members. 

Clerks  of  Coinmittees. 

EuLE  42. — ^Tlie  following  committees  shall  be  en- 
titled to  clerks,  to  be  appointed  bv  the  respective  chair- 
men of  the  committees,  Avhenever  in  the  discretion  of 
the  chairman  of  either  of  saicl  committees  it  may  be 
necessary:  Kules,  Judiciary,  Order,  Consistency  and 
Harmon}^  of  the  Constitution,  Suffrage  and  Elections, 
Jj^ducation  and  Corporations. 

Recalliiu/  Matter  From   Committees. 

Rule  43. — Any  ordinance  or  resolution  may  be  re- 
called from  a  committee  by  a  majority  of  the  whole 
number  of  delegates  elected  to  the  Convention. 

iShall  Xot  Sit  During  i^essions. 

Rule  44. — No  committee  shall  sit  during  the  sitting 
»of  the  Convention  without  special  leave. 

Chairmen  of  Co}nmittees ;   hj/  Whom   Desif/nated. 

Rule  45. — The  President  shall  designate  who  shall 
be  the  chairmen  of  all  committees  appointed. 

Temporary  Absence  of  Chairman. 

Rule  46. — When  the  chairman  of  a  committee  is 
rsick  or  unable  to  pei^form  his  duties,  or  absent  from  the 

6 


66  Journal  of  Alabama 

cit}',  the  delegate  whose  name  appears  second  on  the- 
committee  shall,  during  the  sickness,  inability  or  ab- 
sence of  the  chairman,  become  chairman,  and  have 
power  to  call  together  the  committee  for  consideration 
of  business. 

KEGULATIONS  GOVERNING  ADOPTION  OF 
OlIDINANCES. 

Introduction^  Reference  and  Printing   of   Ordinances. 

Rule  47. — When  any  ordinance  is  introduced  it  shall 
be  read  at  length  and  be  referred  by  the  President  with- 
out a  vote  being  taken,  unless  otherwise  ordered  by  a 
two-thirds  vote  of  the  Convention,  to  the  appropriate 
committee.  No  ordinance  shall  be  reported  back  from, 
any  committee  until  after  the  lapse  of  one  entire  legis- 
lative day.  When  any  committee  shall  have  reported 
to  this  Convention  any  article  or  section  of  the  proposed 
Constitution,  said  article  or  section  shall  again  be  read 
at  length,  and  three  hundred  copies  thereof  printed  for 
the  use  of  delegates;  and  such  article  or  section  shall 
lie  on  the  table  at  least  one  da}^,  and  until  in  regular 
order  it  shall  be  taken  up  for  consideration  b}^  the  Con- 
vention. 

Recommitment. 

Rule  48. — Ordinances  and  reports  may  be  recom- 
mitted at  the  pleasure  of  the  Convention. 

Yeas  and  Najj.s  on  Final  Passage;  Journal  Entries;  Re- 
Conimitment. 

Rule  49. — Ui)on  tlie  final  adoption  of  any  article  or 
section  of  the  Constitution,  the  vote  shall  be  taken  by 
yeas  and  nays  and  spread  upon  the  Journal,  and  the 
article  as  adopted  shall  be  spread  upon  the  Journal  and 
be  referred  to  the  Committee  on  Ol-der,  Consistency  and 
ITarmonv  of  tlie  Constitution. 


Constitutional  Convention.  67 

Ordluance.  Title;  Paper  Upoii  Wliich  Written;  Name 
of  Introduce)'. 

Rule  50. — The  title  of  each  ordinance  sliall  state  con- 
ciselj^  its  subject  matter,  and  shall  state  the  article  and 
section  of  the  present  Constitution  to  which  it  relates, 
as  far  as  practicable.  Each  ordinance  shall  be  Avritten 
on  an  entire  sheet  of  paper,  with  the  name  of  the  dele- 
gate who  introduces  it,  and  the  title  of  the  ordinance 
endorsed  thereon. 

Minority  Reports. 

Rule  51. — When  an  ordinance  or  article  is  reported 
to  the  Convention  and  a  minority  report  accompanies 
the  majority  report,  the  ordinance  or  article  accompany- 
ing the  minorit}'  report  shall  be  considered  an  amend- 
ment and  the  same  shall  be  printed  and  the  ordinance 
or  article  shall  be  read  a  second  time;  and  said  ordin- 
ance or  article  and  minority  report  shall  be  placed  on 
the  calendar  and  be  considered  on  the  third  reading  of 
the  ordinance  or  article. 

Engrossment  and  Ennollment  of  Ordinances. 

Rule  52. — All  articles  of  the  Constitution,  after 
their  adoption  by  the  Convention,  shall  be  engrossed 
before  their  delivery  to  the  Committee  on  Order,  Con- 
sistency and  Harmony  of  the  Constitution,  and  after 
the  report  of  said  committee  has  been  adopted  by  the 
Convention  said  Constitution  shall  be  correctly  en- 
rolled. 

Report  of  Entire  Constitution  to  Convention;  Actioii 

Thereon. 

Rule  53. — The  Committee  on  Order,  Consistency 
and  Harmony  of  the  Constitution,  shall  report  the  en- 
tire proposed  Constitution  to  the  Convention,  and  the 
Constitution  so  reported  shall  be  read  and  acted  upon 


C8  JOUUXAL  OF  Alakama 

article  1»y  article,  and  .section  l»y  section,  and 
submitted  to  a  vote  of  the  Convention;  if  a 
majority  of  the  niemljers  present  shall  vote 
therefor  the  same  shall  be  adopted,  but  if  amended  in 
any  particular  it  shall  be  re-referred  with  such  amend- 
ments to  the  said  committee,  who  shall  cause  the  Con- 
stitution with  the  amendments  so  adopted  to  be  re- 
written and  report  the  same  to  the  Convention  for  its 
action.  When  the  Constitution  shall  have  been  finally 
adopted  by  the  Convention  it  shall  be  enrolled,  and  when 
enrolled  it  shall  be  again  read  and  attested  by  the  Presi- 
dent and  Secretary,  and  each  clelegate  to  the  Convention 
personally  shall  sign  his  name  thereto.  The  signature 
of  a  majority  of  the  delegates  present,  if  a  majority  of 
the  Convention,  shall  constitute  a  sufficient  attestation. 

MISCELLANEOUS. 

Definition  of  Terms  "^Ordinance,"  '^'Resolution.'' 

Rule  54. — All  propositions  intended  to  be  incorpor- 
ated in  the  Constitution  to  be  formed  when  herein  re- 
ferred to  are  designated  as  ordinances,  and  other  prop- 
ositions sultmitted  to  the  Convention  when  herein  re- 
ferred to  are  designated  as  resolutions. 

Rules;  Suspension  of. 

Rule  55.- — That  the  rules  of  the  Convention  shall  not 
be  suspended,  except  by  a  two-thirds  vote  of  every  dele- 
gate present,  provided  a  quorum  must  vote. 

Privileges  of  the  Floor  or  Hall;  Who  Entitled  to. 

Rule  5(5. — The  lobby  or  floor  of  the  Convention  shall 
be  kept  clear  of  all  persons  who  are  not  entitled  to  the 
freedom  thereof;  and  the  persons  entitled  to  such  free- 
dom of  the  hall  shall  be  as  follows,  viz.:  (1)  Delegates 
and  officers  of  the  Convention;  (2)  clerks  of  the  com- 
mittees of  the  Convention;  (3)  bona  fide  representatives 
of  the  press. 


COXSTITUTIUXAL  CONVENTION.  69 

Rules;  Rescisshn   of;  Ptiiiishineiit   for  Violation. 

Rule  57. — Noue  of  the  foregoing  rules  shall  be  re- 
scinded without  one  da^^'s  notice  of  the  motion  thereof 
being  given;  and  a  violation  of  either  of  them  ma}^  be 
punished  by  such  censure  as  a  majority  of  the  Conven- 
tion may  direct. 

Mr.  Knox  offered  the  following  amendment,  which 
was  accepted  by  the  committee : 

Add  to  the  end  of  Kule  3 : 

"Upon  the  vote  being  taken,  the  Chair  shall  announce 
that  the  one  or  the  other  side  of  the  question  seems  to 
have  it ;  and  wait  a  reasonable  time  for  a  demand  for 
a  division;  when,  if  no  such  dt^mand  is  made,  the  Chair 
shall  state  the  decision." 

Mr.  Jones,  of  Montgomery,  otfered  the  following 
amendment,  which  was  accepted  by  the  committee : 

Add  the  following  at  the  end  of  Rule  28 : 

"Except  resolutions  relating  to  the  privileges  of  tha 
Convention  or  its  members,  the  orders  of  the  day,  mo- 
tions to  discharge  the  Committee  on  Rules  from  the 
Consideration  of  a  resolution,  or  to  order  it  to  report 
back  by  a  day  certain." 

The  report,  as  amended,  was  adopted.  • 

ORDER   TO   PRINT. 

Mr.  Lonuix  moved  that  the  Secretary  be  authorized 
to  have  five  hundred  copies  of  the  Rules  printed  in  pam- 
phlet form,  for  the  use  of  the  delegates. 

The  motion  prevailed. 

Mr.  Eyster  ottered  the  following  resolution: 

Resolved,  That  the  names  of  the  members  of  the  vari- 
ous committees  be  printed  in  the  same  pamphlet  here- 
tofore ordered  printed  containing  the  rules  of  this  Con- 
vention. 

Mr.  Cunningham  offered  the  following  amendment 
to  the  resolution  offered  by  Mr.  Eyster : 

Amend  by  adding  officers  of  Convention  also,  that 
the  list  of  delegates,  alphabetically,  with  postoflflce  ad- 
dress. 


70  JouBNAL  OF  Alabama 

The  amendment  was  adopted, 

Mr.  Ejster  moved  tlmt  the  rules  be  suspended  and 
that  the  resolution  be  adopted.  The  motion  prevailed, 
and  the  resolution,  as  amended,  was  adopted. 

ANXOUNCEMEXT   OF   STANDING   COMMITTEES. 

The  President  announced  the  following  standing 
committees : 

COMMITTEE  ON  JUDICIAliY.— Smith  of  Mobile, 
Lowe  of  Jefferson,  Walker,  Pillans,  Fitts,  Watts,  Fer- 
guson, Hood,  Coleman  (»f  Walker,  Cobb,  Graham  of 
Montgomery;  Samford,  Willett,  Merrill,  Tayloe,  Leigh, 
NeSniith,  Duke,  Espy,  Davis  of  DeKalb,  Asiieraft,  Wil- 
son of  Clarke,  Heflin  of  Randolph,  Kirk,  Jones  of  Hale. 

COMMITTEE  ON  OKDER,  CONSISTENCY  AND 
HARMONY   OF    THE    WHOLE    CONSTITUTION.— 

White,  Selheimer,  Spraggius,  Jones  of  Montgomery, 
W^illiams  of  Barbour,  Heflin  of  Chambers,  MacDonald, 
Davis  of  DeKalb,  Davis  of  Etowah,  Weakley,  SoUie, 
Craig,  Martin,  Pillans,  Beddow,  Moody,  Carmichael  of 
Colbert,  Foster,  Sorrell,  deUraffenried,  Norman,  Mc- 
Millan of  Wilcox,  Sanford,  Sentel,  Beavers. 

COMMITTEE  ON  SUFFRAGE  AND  ELECTIONS. 

— Coleman  of  Greene,  White,  ^liller  of  Wilcox,  Walker, 
Oates,  Weatberly,  Smith  of  ^ilobile,  Jones  of  Wilcox, 
O'Neal  of  Lauderdale,  Stewart,  Howze,  Pitts,  deGraffen- 
ried,  Morrisette,  Rogers  of  Lowndes,  Eyster,  Glover, 
Chapman,  Graham  of  Talladega,  Grant,  Hood,  Harri- 
son, Dent,  Parker  of  Cullman,  Handley. 

COMMITTEE  ON  LEGISLATIVE  DEPARTMENT. 

— Oates,  Weptherly.  Brooks,  ]\[acDonald,  Heflin  of 
Chambers,  Lowe  of  Jeffei-sou,  NeSmith,  Carnathon, 
King,  Leigh,  Jackson,  Espy,  Chapman,  Pettus,  Lowe  of 
Lawrence,  Reese,  liogers  of  Sumter,  Porter,  Sloan. 

COMMITTEE  ON  LOCAL  LEGISLATION.  — 
O'Neal  of  Lauderdale,  ^^^ltts,  Vaughan.  Whitesides,  Al- 
mon,  Sanders.  Gi-eei-  (»f  Cnllioiiu,    Proctor,    Wilson    of 


COXSTITUTIOXAL  COXVENTIOX.  71 

Washington,  Haley,  Glover,  Burnett,  Waddell,  Inge, 
O'Rear,  Kevnolds  of  Henry,  Kyle,  Banks,  Reynolds  of 
Chilton. 

COMMITTEE  ON  EDUCATION.— Graham  of  Tal- 
ladega, Ashcraft,  Pettus,  Bulger,  Jones  of  Wilcox,  Tay- 
loe,  Rogers  of  Sumter,  Robinson,  Williams  of  Barbour, 
Reese,  Renfroe,  Opp,  Miller  of  Marengo,  Inge,  Locklin, 
Hodges,  Altman,  Bethune,  Mac.  A.  Smith. 

COMMITTEE  ON  TAXATION.— Browne,  Pillans, 
Harrison,  Handley,  Craig,  Pearce,  Kyle,  Long  of  But- 
ler, Searcy,  O'Neill  of  Jefferson,  Max\yell,  Burnett, 
Winn,  Kirk,  Martin,  Coleman  of  Green,  Cunningham, 
Carnathon,  King. 

COMMITTEE  ON  EXECUTIVE  DEPARTMENT. 

— Jones  of  Montgomery,  Fitts,  Lomax,  Samford,  Duke, 
Hodges,  Nor\yood,  M.  M.  Smith  of  Autauga,  Vaughan, 
Williams  of  Marengo,  Jenkins,  Carmichael  of  Coffee, 
Howell,  Spears,  Hinson. 

COMMITTEE  ON  PREAMBLE  AND  DECLARA- 
TION OF  RIGHTS.— Lomax,  Vaughan,  Eyster,  Fitts, 
Wilson  of  Washington,  Browne,  Cornwell,  Barefield, 
Bethune,  Garden,  Carmichael  of  Coffee,  Case,  Black- 
well,  Bartlett,  Phillips. 

COMMITTEE     ON     CORPORATIONS.— Harrison, 

Eogers  of  Lowndes,  Searcy,  Graham  of  Montgomery, 
Coleman  of  Walker,  Wilson  of  Clarke,  Proctor,  Fergu- 
son, Williams  of  Marengo,  Opp,  Long  of  Butler,  Bur- 
nett, Almon,  Murphree,  Cofer. 

COMMITTEE     ON      REPRESENTATION.— Pitts, 

Williams  of  ^larengx),  Bulger,  Knight,  O'Rear,  Grayson, 
Almon,  Greer  of  Perry,  Dayis  of  Etowah,  Garden,  Jen- 
kins, Greer  of  Calhoun,  Hinson,  Norman,  Gilmore. 

COMMITTEE  ON  EXEMPTIONS.— Howze,  O'Neill 
of  Jefferson,  Burns,  Selheimer,  Sorrell,  Heflin  of  Ran- 
•dolph,  Stewart,  Morrisette,  Long  of  Walker,  Banks, 
Palmer,  Reynolds  of  Henry,  Eley,  Grayson,  Williams 
of  Elmore. 


72  JOUKXAL   OF    Ar^VBAMA 

COMMITTEE  OX  MILITIA.— Wilson  of  Clarke^ 
Greer  of  Calhoun,  Jones  of  Montgomery,  Spraggins^ 
Burns,  Waddell,  Henderson,  M.  M.  Smith  of  Autauga^ 
Sanders,  Palmer,  Jones  of  Bibl),  King,  Williams  of  El- 
more, Stoddnrd,  Freeman. 

COMMITTEE    ON     BANKS     AND    BANKING.— 

Fletcher,  Handler,  Cornwell,  Ledbetter,  Brooks,  McMil- 
lan of  Baldwin,  Malone,  Renfroe,  Dent,  Searcy,  Parker 
of  Cullman,  Maxwell,  Eley,  Winn,  Reynolds  of  Chilton. 

COMMITTEE  ON  MUNICIPAL  CORPORATIONS. 

— Weakley,  Boone,  Fletcher,  McMillan  of  Baldwin, 
Beddow,  Sanford,  Howell,  Parker  of  Elmore,  Pearce, 
Whitesides,  Knight,  Kirkland,  Mulkey,  Phillips,  Byars. 

CO:\[MITTEE  ON  STATE  AND  COUNTY  BOUN- 
DARIES— Parker  of  Cullman,  Reese,  Beavers,  Jenkins, 
Cobb,  ^Miller  of  Marengo,  Sentell,  Parker  of  Elmore, 
Thompson,  Moody,  Gilmore,  Jackson,  McMillan  of  Wil- 
-^ox,  Malone,  Blackwell. 

'  C0M:MITTEF  on  impeachments— Hood,  Mil- 
ler of  Wilcox,  Grant,  Hale}',  Sorrell,  Bulger,  Lowe  of 
[efferson,  ^Merrill,  Henderson,  Long  of  Walker.  Robin- 
son, Mac.  A.  Smith  of  Autauga,  Thompson,  Willetfc,. 
Cofer. 

COMMITTEE  ON  AMENDING  CONSTITUTION, 
AND  :\lISCELLANEOUS  PROVISIONS.— Foster, 
^Merrill,  Jones  of  Hale,  Boone,  Altman,  Burns,  Ledbet- 
ter, Norwood,  Haley,  Cunningham,  SoUie,  Sentel,  Bare- 
field,  Lowe  of  Lawrence,  Mc^Iillan  of  Wilcox. 

CO^r:MITTEE  ON  THE  JOURNAL.— Proctor,  ^Yil- 
son  of  Clarke,  Carmichael  of  Colbert,  Kirkland,  Fosliee. 

co:mmittee    on    schedules,    printing 

AND    incidental   EXPENDITURES.— Heflin     of 

Rand<)l])li,  Greer  of  Perry,  Locklin,  Wilson  of  Wash- 
ington, Baretield,  Henderson,  Carmichael  of  Cotfee, 
Murpliree,  Jones  of  Bibb. 


COXSTITUTIOXAL  CONVENTION.  73 

RESOLUTIONS. 

Mr.  Bulger  offered  the  followiug  resolution : 

Resolved,  That  whereas,  the  prosperity  and  welfare 
of  our  State  depends  upon  the  intelligence  and  integ- 
rity of  our  people. 

That,  whereas,  in  the  past  few  years  we  have  made 
rapid  and  permanent  progress  in  providing  facilities 
for  educating  the  children  of  our  State. 

Therefore,  be  it  resolved,  It  is  the  sense  of  this  Con- 
vention that  no  backward  step  in  enducation  shall  be 
taken,  but  this  grand  work  will  go  on  until  a  free  pub- 
lic school  is  placed  in  reach  of  every  white  child  in  Ala- 
bama. 

The  resolution  was  referred  to  the  Committee  on 
Education. 

Mr.  Graham,  of  Talladega,  offered  the  following 
resolution : 

Resolved,  By  this  Convention,  that  our  President  is 
hereb}'  requested  to  extend  an  invitation  to  Dr.  Jabez 
L.  M.  Curry,  of  Washington,  D.  C,  to  address  this 
Convention  on  the  subject  of  Public  Education  at  his 
earliest  convenience.  The  specific  time  and  arrange- 
ments to  be  fixed  by  the  Convention  upon  reply  from 
Dr.  Curry. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Mr.  Coleman,  of  (jrreene,  offered  the  following  reso- 
lution : 

First,  resolved.  That  the  rate  of  taxation  relative  to 
the  State,  counties  and  municipalities,  as  fixed  by  the 
present  Constitution,  shall  remain  unchanged. 

Second,  no  county,  subdivision  of  a  county,  district, 
or  municipality,  shall  be  authorized  to  issue  bonds,  or 
make  contract  involving  pecuniary  obligations,  which 
are  matured  at  a  later  period  than  twelve  months  from 
the  date  of  such  issue,  or  contract,  without  first  having 
been  approved  by  a  majority  vote  by  ballot  of  the  quali- 
fied voters  of  such  counties,  subdivision,  district  or 
municipality,  by  an  affirmative  vote  in  favor  of  such  is- 
sue or  contract,  and  in  determining  the    result  of  any 


74  Journal  of  Alabama 

election  held  for  this  purpose,  no  v(jte  shall  be  counted 
as  an  affirmative  vote  which  does  not  show  on  its  face 
that  such  vote  was  cast  in  approval  of  such  issue  or  con- 
tract, any  legislative  provision  to  the  contrary  notwith- 
standing. 

The  resolution  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Mr.  Burns  offered  the  following  resolution : 

That  the  present  limit  of  taxation,  State,  county  and 
city,  shall  not  he  increased. 

The  resolution  was  referred  to  the  Committee  on 
Taxation. 

Mr.  Boone  offered  the  following  resolution : 

Resolved,  That  tlie  Secretary  of  this  Convention  be, 
and  is  liereby  instructed  to  preserve  five  copies  of 
printed  stenographic  reports  of  the  proceedings  of  this 
Convention,  and  when  said  report  is  completed,  cause 
the  same  to  l)e  liound  and  deposited  in  the  office  of  the 
Secretary'  of  State. 

The  resolution  was  referred  to  the  Committee  on 
Schedules,  Printing  and  Incidental  Expenditures. 

Mr.  Watts  offered  the  following  resolution : 

Kesolved,  That  the  official  stenographer  be  required 
to  deliver  each  day  to  the  Secretary  of  State  250  of  the 
1,000  printed  copies  of  the  report  of  the  proceedings  of 
the  Convention  for  the  previous  day. 

Resolved,  further.  That  it  should  be  the  duty  of  the 
Secretary  of  State  to  preserve  said  250  copies  of  said 
proceedings  for  such  use  as  the  General  Assembly  may 
direct. 

The  resolution  was  referred  to  the  Committee  on 
Schedules,  Printing  and  Incidental  Expenses. 

Mr.  Henderson  offered  the  following  resolution : 

Resolved,  That  the  new  Constitution  provide  that  the 
General  Assembly  shall  have  no  power  to  enact  any  law 
in  aid  of  or  pertaining  to  the  removal  of  the  seat  of  gov- 
ernment of  this  State  from  wher6  it  is  now  located. 

The  resolution  was  referred  to  the  Committee  on 
Leaislntive  Department. 

'Mr.  Henderson  also  offered  the  following  resolution: 


Constitutional  Convention.  75 

Resolved,  That  it  be  provided  in  the  new  Constitu- 
tion that  representation  in  the  General  Assembl}'  be 
based  on  population  of  all  the  people. 

The  resolution  was  referred  to  the  Committee  on 
Representation. 

ORDINANCES    ON    FIRST    READING. 

The  following  ordinances  were  introduced,  read  at 
length  one  time,  and  referred  to  appropriate  committees 
as  follows : 

Ordinance  No.  1,  by  Mr,  Brooks. 

To  Amend  Sec.  3  of  Art.  II  of  the  Constitution: 

Resolved,  That  Section  3,  of  Article  II  of  the  Con- 
stitution be  so  amended  that  it  shall  read  as  follows : 

After  the  ratification  of  this  Constitution,  no  new 
debt  siiall  be  created  against,  or  incurred,  by  this  State 
or  its  authority,  except  to  repel  invasion,  or  suppress 
insurrection,  and  then  only  by  concurrence  of  two- 
thirds  of  the  members  of  each  house  of  the  General  x\s- 
sembl}^,  and  the  vote  shall  be  taken  by  yeas  and  nays, 
and  entered  on  the  journals;  and  any  act  creating  or 
incurring  any  new  debt  against  this  State,  except  as 
herein  provided  for,  shall  be  absolutely  void;  provided, 
the  Governor  may  be  authorized  to  negotiate  temporary 
loans,  never  to  exceed  three  hundred  thousand  dollars, 
to  meet  deficiencies  in  the  Treasury ;  and  until  the  same 
is  paid,  no  new  loan  shall  be  negotiated;  provided  fur- 
ther, that  this  section  shall  not  be  so  construed  as  to 
prevent  the  refunding,  from  time  to  time,  of  the  bonded 
indebtedness  of  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  No.  2,  by  Mr.  Brooks: 

Resolved,  That  Section  1  of  Article  XII  of  the  Con- 
stitution be  so  amended  that  it  sliall  read  as  follows: 

1. — All  able  bodied  male  inhabitants  of  this  State, 
between  the  ages  of  18  years  and  45  years,  who  are  citi- 
zens of  the  United  States,  or  have  declared  their  inten- 
tion to  become  such  citizens,  shall  be  liable  to  military 
•duties  in  the  militia  of  the  State.    And  the  General  As- 


76  JouuNAL  OF  Alabama 

semblj  may  i)rovide  for  the  organization  from  among 
such  citizens,  for  a  State  Naval  Militia. 

Tlie  ordinance  was  referred  to  the  Committee  on 
Militia. 

Ordinance  No.  3,  by  Mr.  Brooks: 

liesolved,  That  Section  23  of  Article  XIV  of  the  Con- 
stitution be  stricken  out,  and  the  following  substituted :. 

No  public  officer,  or  person  elected  or  appointed  to 
a  public  office,  under  the  laws  of  this  State,  shall,  di- 
recth'  or  indirectly,  ask,  demand,  accept,  receive  or  con- 
sent to  receive,  for  his  own  use  or  benefit,  or  for  the  use 
or  benefit  of  another,  any  free  pass,  free  transportation, 
franking  privilege  or  discrimination  in  passenger,  tele- 
graph or  telephone  rates,  from  any  j^erson  or  corpora- 
tion, or  make  use  of  the  same  himself  or  in  conjunction 
with  another.  A  person  who  violates  any  provision  of 
this  section  shall  be  deemed  guiltv  of  misdemeanor,  and 
shall  forfeit  his  office  at  the  suit  of  the  AttorncA-  General. 
Any  corporation,  or  officer,  or  agent  thereof,  who  shall 
offer  or  promise  to  a  public  officer  or  person  elected  to 
a  public  office,  any  such  free  pass,  free  transpoi'tation, 
franking  privilege,  or  discrimination,  shall  also  be 
deemed  guilty  of  a  misdemeanor,  and  liable  to  punish- 
ment, excejit  as  herein  provided.  No  person,  or  officer, 
or  agent  of  a  corporation  giving  any  such  free  pass, 
free  transportation,  franking  privilege  or  discrimina- 
tion hereby  prohibited,  shall  be  privileged  from  testify-* 
ing  in  relation  thereto,  and  he  shall  not  be  lial)le  to 
civil  or  criminal  prosecution  therefor,  if  lie  shall  testify 
to  the  giving  of  the  same. 

The  ordinance  was  referred  to  the  Committee  on 
Rules. 

Ordinance  No.  4,  by  ]Mr.  Browne: 

An  ordinance  to  auu^nd  Section  2  of  Article  XIII  of 
the  Constitution.      (Relates  to  public  schools). 

Be  it  ordained  tliat  Section  2  of  Article  XIII  of  tlie 
Constitution  of  1875  be  and  the  same  is  hereby  amended 
to  read  as  follows : 

S(^ction  2. — The  General  Assembly  shall  establi.sh, 
organize  and  maintain  a  system  of  ]niblic  schools 
throughout   the   State,   for  the  benefit  of  tlie  cliildren 


Constitutional  Convention.  77 

thereof  between  the  ages  of  seven  and  tv^'enty-one  years ; 
provided,  separate  schools  of  the  same  length  of  term 
!as  those  provided  for  other  children,  shall  be  provided 
for  the  children  of  citizens  of  African  descent. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  5,  by  Mr.  Harrison : 

An  ordinance  to  prohibit  vagrants  from  voting  in  this 
State. 

1. — Be  it  ordained  by  the  people  of  Alabama,  in  Con- 
vention assembled,  that  no  vagrant  as  now  defined  by 
the  statutes  of  Alabama  shall  be  allowed  to  vote  at  any 
election  in  this  State. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

ADJOURNMENT. 

On  motion  of  Mr.  Wilson,  of  Clarke,  the  Convention 
adjourned  until  to-morrow  at  11  o'clock. 


SIXTH  DAY. 

Convention  Hall. 
Montgomery,  Ala.,  Tuesday,  May  28,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Xeal  Anderson  of  the  city. 

ROLL   CALL. 

On  a  roll  call  of  the  Convention  the  following  dele- 
gates answered  to  their  names : 

Messrs.  President,  Banks, 

Almon,  Barefield, 

Altman,  Bartlett, 

Ashcraft,  Beddow, 


78 


Journal  of  Alabama 


Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

B^ars, 

Cardon, 

Carniicliael  ( Colbert ) , 

Carmieliael  (Coffee), 

Carnatlion, 

Case, 

Chapman, 

Col ema n  ( Greene ) , 

Coleman  ( Walker ) , 

Cornwell, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

(leGraffenried, 

Duke, 

Eley, 

Ej^ster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

r^reeman, 

Gil  more, 

Glover, 

Graham  ( ^lontgomery) , 

Gi'aham  ( Talladega) , 

Grant, 

Grayson, 

Greer  ( Calhoun ) , 

Greer  (Perry), 

Handley, 

1 1  etl  i  n  (  Chambers ) , 

Heflin  (Randolph), 


Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackf^oii, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery),, 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledl)etter^ 

Leigh, 

Lomax, 

Lowe  (Jefferson), 

Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

.Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

jMurphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

G'Neal  (Lauderdale) ^ 

O'Neill  (Jefferson),, 

Opp, 


Constitutional  Convention. 


79 


O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Phillips, 

Pillans, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searey, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Sollie, 


Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vauiihan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

^Yeatherly, 

White, 

Whiteside, 

AVilliams  (Barbour), 

Williams  ( Marengo ) , 

Williams  ( Elmore ) , 

Wilson  (Clarke), 

Wilson  ( Washington ) 

Winn. 


A  quorum  was  present,  one  hundred  and  thirty-three 
delegates  having  answered  to  their  names. 

LEAVE   OF   ABSENCE 

Was  granted  to  Messrs.  King  and  Reynolds  of  Chilton 
for  to-day  and  to-morrow;  to  Mr.  Pitts  until  Friday;  to 
Messrs.  Pettus,  Craig  and  Long  of  Butler,  for  to-day ;  to 
Mr.  Sollie  for  to-morrow  and  Thursday ;  to  Mr.  Dent  for 
to-day,  Wednesday  and  Thursday ;  to  Mr.  Jones,  of  Hale, 
indefinitely ;  to  Mr.  Watts  for  to-morrow  and  Saturday ; 
to  Mr.  Lomax  for  to-morrow  and  until  Saturday ;  and  to 
Mr.  Samford  to-morrow. 

REPORT  OF  THE  COMMITTEE  ON  THE   JOURNAL. 


The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted  the   following  report: 


•  80  JoiKXAL  or  Alabama 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journals  for  the  fourth 
and  fifth  days  of  the  Convention,  and  found  the  same 
to  be  correct. 

Respectfully  submitted. 

John   F.   Proctor,  Chairman. 

The  report  of  the  committee  was  concurred  in. 

Mr.  deOratienried  moved  that  the  Journal  be  ap- 
proved, and  that  the  further  reading  of  the  Journal 
be  dispensed  with, 

Mr.  Beddow  moved  to  table  the  motion  of  Mr.  de- 
Gratfenried.     The  motion  to  table  was  lost. 

The  question  recurred  on  the  motion  of  Mr.  deGraf- 
fenried,  and  the  motion  to  ap])rove  the  Journal  and 
dispense  with  the  reading  of  the  same  prevailed. 

STENOGRAPHIC   REPORT. 

Mr.  Reese  called  the  attention  of  the  Convention  to 
the  fact  that  the  official  stenographic  report  did  not 
contain  the  prayer  offiered  at  the  opening  of  each  ses- 
sion of  the  Convention. 

The  President  announced  that  in  the  future  the  re- 
port would  contain  the  praver,  offered  each  morning 
in  full, 

QUESTION   OF    PRIVILEGE, 

Mr,  Ashcraft  arose  to  a  question  of  personal  privi- 
lege, and  stated  that  the  official  stenographic  report 
of  Friday's  proceedings  had  misquoted  him  in  his  re- 
marks of  that  day,  in  this :  I  am  quoted  as  saying,  "I 
think  I  have  the  capacity  and  the  experience  which  will 
enable  me  to  express  clearly  some  of  the  reasons  why 
these  reports  should  not  be  made,''  etc.  Which  is  in- 
correct. I  said  "I  wish  I  had  the  capacity  and  the  ex- 
perience which  would  enable  me  to  express  clearly," 
-etc. 

The  President  ordered  the  official  stenographic  re- 
port to  ')('  corrected  accordingly. 


Constitutional  Convention.  81 

resolutions. 

The  following  resolutious  were  offered,  severally, 
ji'ead  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Resolution  29,  by  Mr.  Howell : 

llesolved,  That  the  daily  session  of  this  Convention 
shall  begin  at  10  o'clock  a.  m,  and  adjourn  at  will. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  30,  by  Mr.  Lomax : 

Resolved,  That  in  any  article  adopted  by  the  Com- 
mittee on  Corporations  and  reported  to  this  Conven- 
tion, the  provisions  of  the  present  Constitution  as  to 
the  powers  of  corporations  shall  be  preserved  so  that 
such  powers  shall  not  be  enlarged  in  any  respect  or 
particular. 

The  resolution    was    referred    to    the    Committee  on 
Corporations. 
Resolution  31,  by  Mr.  Malone. 

Be  it  resolved,  First,  that  the  new  Constitution  shall 
contain  a  provision  permitting  each  sepa^-ate  township 
to  assess  and  collect  a  special  school  tax  of  not  exceed- 
ing twenty-five  cents  on  the  hundred  dollars  of  assessed 
valuation  of  such  township. 

Second — That  such  sum  as  shall  be  so  raised  shall 
be  used  in  connection  with  the  amount  due  each  town- 
ship from  the  general  fund  of  the  State,  and  shall  not 
be  used  for  other  purposes  than  the  actual  expenses  of 
the  school  of  such  township  for  the  scholastic  3'ear  for 
which  same  shall  have  been  raised. 

Third — That  the  amount  so  raised  from  the  property 
of  persons  of  African  descent  shall  be  used  for  separ- 
ate schools  for  children  of  African  descent,  and  only 
such  sum. 

Four-th — That  such  election  shall  be  under  the  State 
laws,  and  at  an  election  for  such  purposes  only. 

The  resolution  was  referred  to  the  Committee  on 
Education. 

Resolution  32,  by  Mr.  Malone: 

6 


82  Journal  of  Alabama 

Be  it  resolved,  That  the  new  Constitutiou  shall  cou- 
tain  a  provision  for  the  examination  by  a  competent 
public  official  of  the  financial  condition  of  all  State  and 
private  banks  doing  business  in  this  State,  and  for  the 
publication  of  same. 

The  resolution  was  referretl  to  the  Committee  on 
Banks  and  Banking. 

Resolution  33,  by  Mr.  Miller,  of  Wilcox : 

Be  it  resolved  by  this  Convention,  That  the  formation 
of  school  districts  be  encouraged  in  furtherance  of  our 
public  school  system,  and  that  Trustees  for  the  man- 
agement of  such  schools  be  elected  by  the  qualified 
electors  of  such  district^  and  that  the  authority  to  raise 
funds  for  the  support  of  such  schools  and  for  the 
building  of  school  houses  be  delegated  to  such  Trustees, 
at  the  option  of  the  qualified  voters  of  the  district ;  and 
that  such  a  system  of  district  schools  '  be  established 
under  well  guarded  limitations  as  to  taxation,  as  will 
meet  the  inhibitions  of  the  present  Constitution,  which 
are  set  out  in  case  of  Schuites  vs.  Eberly,  in  82  Ala., 
page  242. 

The  resolution  was  referred  to  the  Committee  on 
Education. 

Resolution  34,  by  Mr.  Reese,  of  Dallas: 

Rescdved,  That  for  the  purpose  of  easy  reference,  the 
Rules  Committee  or  such  other  committee  as  shall  have 
supervision  of  the  printing  of  the  record  of  the  pro- 
ceedings, shall  .cause  the  pages  constituting  such  rec- 
ord to  be  nund)ered  consecutively  in  the  same  man- 
ner now  practic(Ml  in  the  Congressional  Record  of  the 
Congress. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  35,  by  Mr.  Reese  of  Dallas: 

Resolved,  That  the  present  constitutional  basis  of 
representation  of  the  several  counties  in  the  General 
Assembly  shall  remain  unchanged. 

The  resolution  was  referred  to  the  Committee  om 
Representation. 

Resoluti(»n  3(5,  by  ^Ir.  Reese  of  Dallas: 


Constitutional  Convention.  83 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
the  present  constitntional  provisions  relating  to  ex- 
empt property  shall  remain  nnehanged. 

The  resolution  was  referred  ,to  the  Committee  on 
Exemptions. 

Resolution  37,  by  Mr.  Spraiigins  of  Madison. 

Resolved,  That  in  any  Constitution  that  may  be 
framed,  it  shall  be  provided  that  all  members  of  the 
General  Assembly  of  Alabama  shall  be  elected  for  four 
years,  and  that  the  General  Assembly  shall  meet  once 
in  four  years,  unless  specially  called  together  by  the 
Governor,  and  that  at  its  sessions  only  general  legis- 
lation shall  be  enacted. 

The  resolution  was  referred  to  the  Committee  on 
Legislative  Department. 

Resolution  38,  by  Mr.  Thompson : 

Be  it  resolved  by  this  Convention,  That  the  Commit- 
tee on  Education  shall  so  frame  the  article  on  Educa- 
tion that  no  money  derived  by  taxation  upon  the  prop- 
erty of  white  people  shall  be  diverted  to  or  appropriated 
for  the  supjiort  of  any  schools  other  than  those  for  white 
children. 

The  resolution  was  referred  to  the  Committee  on 
Education. 

Resolution  39,  by  Mr.  Vaughan,  of  Dallas: 

AVliereas,  the  Democratic  party  adopted  a  platform 
upon  which  a  large  majority  of  the  delegates  to  this 
Convention  were  elected;  and, 

Whereas,  it  is  right  and  proper  that  the  provisions 
of  said  platform  should  be  observed  by  this  Convention. 

Therefore,  be  it  resolved,  That  there  shall  be  inserted 
in  any  Constitution  adopted  by  this  Convention  pro- 
visions regulating  suffrage  so  as  not  to  conflict  with 
the  Constitution  of  the  United  States,  and  for  the  best 
interests  of  the  tax  payers  and  people  of  the  State  of 
Alabama. 

Second,  that  there  shall  be  inserted  in  such  Consti- 
tution a  provision  limiting  the  rate  of  taxation  by  the 
State,  counties  and  municipalities,  and  that  such  rate 
of  taxation  shall  not  exceed  the  rate  now  fixed  by  the 
present  Constitution,  but  a  lower  rate  shall  be  fixed, 
if  practicable. 


84  JorUNAL    OF    ALAI5AMA 

Third,  that  the  said  Cou.stitiitiou  sliall  not  deprive 
any  white  man  of  the  right  to  vote  except  for  conviction 
of  infamous  crimes. 

Fourtli,  that  Section  39  of  Article  IV  of  the  present 
Constitution  in  reference  to  the  removal  and  location 
of  the  State  Capitol  shall  remain  unchanged. 

Fifth,  that  the  rights  and  privileges  conferred  by  the 
present  Constitution  upon  corporations  shall  not  be  en- 
larged. 

The  resolution  was  referred  to  the  Committee  on 
Taxation. 

ORDINANCES    ON    FIRST    READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Ordinance  No.  6,  by  Mr.   Hodges: 

To  amend  Section  2,  iVrticle  XI  of  the  Constitution. 

(Relates   to   Education.) 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  No.  7,  by  Mr.  Howell: 

To  amend  Section  2,  Article  II,  of  the  Constitution 
relative  to  the  area  of  counties. 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  No.  8,  by  Mr.  Howze: 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  that  the  Governor  may  veto  any  part 
or  parts  of  any  appropriation  bill,  and  approve  parts 
of  the  same,  and  the  portions  approved  shall  be  law. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  No.  9,  by  Mr.  Howze: 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion asseml)led,  that  the  salary  or  fees  of  any  public 
officer  shall  not  be  increased  during  his  term  of  office. 

The  ordinance  Avas  referred  to  the  Committee  on 
Amending  Constitution  and  Miscellaneous  Provisions. 

Ordinance  No.  10,  by  Mr.  Howze: 


Constitutional  Convention.  85 

Providiug  for  the  election  of  Lieutenant  Governor. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  No.  11,  by  ^Ir.  Jones,  of  Montgomery: 

To  amend  Article  VIII  of  the  Constitution.  (Relates 
to  Suffrage  and  Elections). 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  No.  12,  by  Mr.  Jones,  of  Montgomery : 

To  amend  Section  1  of  Article  VII  of  the  Constitu- 
tion.     (Relates  to  Impeachments.) 

The  ordinance  was  referred  to  the  Committee  on 
Impeachments. 

(Ordinance  No.  13,  by  Mr.  Kirk : 

To  amend  Section  5  of  Article  V  of  the  Constitution, 
(Relates  to   Succession   of   State   Officers). 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  No.  11,  by  Mr.  Kirk : 

To  amend  Sections  5  6,  18,  23,  and  add  Section  29 
to  Article  VI  of  the  Constitution.  (Relates  to  holding 
of  Circuit  Court). 

The  ordinance  A^as  referred  to  the  Committee  on 
Judiciary. 

Ordinance  15,  by  Mr.  Kirkland : 

Be  it  ordained  that  all  officers  hereafter  elected  by 
the  people  of  the  State  of  Alabama,  both  State  and 
county,  shall  be  elected  at  one  and  the  same  time 
for  a  period  of  four  years  from  the  time  of  their  elec- 
tion, and  until  their  successors  are  elected;  provided, 
that  no  officer  so  elected  shall  be  eligible  to  succeed 
himself  as  such  officer. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  16,  by  Mr.   Kirkland: 

Relating  to  exemption  laws. 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

Ordinance  IT,  by  Mr.  Loniax : 

To  limit  the  powers  of  political  or  municipal  corpora- 
tions to  incur  debts  and  issue  bonds.. 


86  Journal  of  Alabama 

The  ((I'diiiance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  18,  bj^  Mr.  Lomax: 

An  ordinance  limiting  the  powers  of  the  General  As- 
sembly as  to  local  and  special  legislation. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

(Ordinance  19,  by  Mr.  Lomax  : 

To  readopt  Section  7  of  Article  XI  as  amended,  of 
the  present  Constitution  in  reference  to  taxation  by 
cities,  towns  and  municipal   corporations. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal    Corporations. 

Ordinance  20,  by  Mr.  Lomax ; 

An  ordinance  to  readopt,  with  certain  changes  there- 
in set  out,  certain  sections  of  the  present  Constitution 
in  reference  to  taxation,  said  sections  being  part  of 
Article  XI  of  the  present  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  21,  by  Mr.  Lomax: 

An  ordinance  to  readopt  the  provisions  of  Article  X 
of  the  Constitution  of  1875  relating  to  exemptions. 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

Ordinance  22,  by  Mr.  Lomax: 

An  ordinance  relating  to  suffrage  and  elections. 

The  ordinsiiice  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance   23,   by   ]Mr.    Macdonald : 

Ordinance  to  amend  Section  22  of  Article  IV  of  the 
Constitution. 

The  ordinan^-e  was  referred  to  the  Committee  on 
Legislative   1  )e]Kirtment. 

Ordinance  24,  l)y  Mr.  Macdonald : 

Ordinance  to  amend  Section  19  of  Article  IV  of  the 
Constitution. 

Tlie  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  ^5.  by   Mr.   Macdonald : 

To  amend  Article  VIII  of  the  Constitution. 


Constitutional  Convention.  87 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  No.  26,  by  Mr.  Malone: 

To  amend  Article  II  of  Section  2.  (Relates  to  State 
and   County   Boundaries. ) 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  No.  27,  by  Mr.  Miller,  of  Marengo: 

(Kelates  to  State  and  County  boundaries.) 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  No.  28,  by  Mr.  Mulkey: 

To  amend  Article  Y,  Section  26  of  Constitution.  (Re- 
lates to  Election  of  Sheriff,  and  Removal  from  office). 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  No.  29,  by  Mr.  Murphree: 

To  amend  Section  2  of  Article  XVII  of  the  Consti- 
tution. (Relates  to  the  holding  of  Constitutional  Con- 
vention ) . 

The  ordinance  was  referred  to  the  Committee  on 
Amending  Constitution  and  Miscellaneous  Provisions. 

Ordinance  30,  by  Mr.  Murphree: 

To  amend  Section  5  of  Article  XIII.  (Relates  to 
maintenance  of  public  schools.) 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  31,  by  Mr.  Murphree: 

To  amend  Section  5  of  Article  IV  of  the  Constitu- 
tion. (Relates  to  the  holding  of  the  sessions  of  the 
Legislature). 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  32,  by  Mr.  Murphree: 

To  amend  Section  2,  Article  X  of  the  Constitution, 
relating  to  exemption    (homestead). 

The  ordinance  was  referred  to  the  Committee  on 
Exemption. 

Ordinance  33,  by  Mr.  Oates: 

Proposition  of  Senator  John  T.  Morgan  for  elective 
franchise  of  the  Constitution,  with  brief  and  citation 
<if  authoritv  to  sustain  the  same. 


88  JOL'RNAL    OF    ALABAMA 

The  ordinance  was  referred  to  the  Committee  om 
Suffrage  and  Elections. 

Ordinance  34,  by  Mr.  O'Neal  of  Lauderdale: 

To  amend  Article  XII,  Section  1  of  the  Constitution, 
relating-  to  military  duties. 

The  ordinance  was  referred  to  the  Committee  ort 
Militia. 

Ordinance  35,  by  Mr.  O'Neal,  of  Lauderdale: 

To  provide  who  shall  be  eligible  to  hold  office  under 
the  Constitution  and  laws  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  36,  by  Mr.  Phillips,  of  Clay: 

To  define  county  boundaries. 

The  ordinance  was  referred  to  the  Committee  orr 
State  and  County  Boundaries. 

Ordinance  37,  by  Mr.  Pillans : 

To  amend  Article  II,  Section  2  of  the  Constitution, 
relating  to  removal  of  county  seats. 

The  ordinance  was  referred  to  the  Committee  on- 
State  and  County  Boundaries,  » 

Ordinance  38,  by  Mr.  Pillans: 

To  amend  Article  1,  Declaration  of  Rights,  relat- 
ing to  prohibition  of  flogging  convicts. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Ixights. 

Ordinance  39,  by  Mr.  Kobinscm : 

To  amend  Section  I,  Article  XIII  of  the  Constitu- 
tion, relating  to  education. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  40,  by  Mr.   Samford : 

To  restrict  the  issuance  of  bonds  by  municipal  cor- 
porations. 

The  ordinance  was  referred  to  tlie  Committee  on 
Municipal  Corporations. 

Ordinance  41,  by  ^Ir.   Samford: 

To  provide  for  the  deposit  of  State  funds  in  State 
banks. 

The  ordinance  was  referred  to  the  Committee  on- 
Executive  Department. 


"Constitutional  Convention.  89- 

Ordinance  42,  by  Mr.  W.  T.  Sanders: 

To  amend  Section  1  of  Article  X  of  tlie  Constitution, 
relating  to  exemptions  of  personal  property. 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

Ordinance  43,  by  Mr.  Sanders : 

To  amend  Section  2  of  Article  X  of  the  Constitu- 
tion, relating  to  homestead  exemptions. 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions, 

Ordinance  44,  by   Mr.   Sanders: 

To  amend  Section  3  of  Article  X  of  the  Constitution, 
relating  to  homestead  exemptions. 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

Ordinance  45,  by  Mr.  Sanford,  of  Moutgomer^^: 

To  prohibit  a  sentence  for  contempt  of  court  for  any 
act  committed  out  of  its  presence,  without  a  trial  by 
jiiry. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciar}^ 

Ordinance  46,  by  Mr.  Sanford,  of  Montgomery : 

To  establish  executive  department  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on. 
Executive  Department. 

Ordinance  47,  by  Mr.  Sorrell : 

To  amend  Section  5  of  Article  IV  of  the  Constitution, 
relating  to  the  time  when  the  General  Assembly  shall 
meet. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  48,  by  Mr.  Spraggins : 

To  amend  Section  1  of  Article  XIII  of  the  Constitu- 
tion, relating  to  education.  • 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  49,  by  Mr.  Spraggins : 

To  amend  Section  2  of  Article  XI  of  the  Constitution, 
relating  to  special  tax  for  school  purposes. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 


90  Journal  of  Alabama 

Ordinance  50,  by  Mr.  Thompson  of  Bibl) : 

To  amend  Section  3  of  Article  VIII  of  the  present 
Constitution,  relative  to  qualifications  for  office. 

The  ordinance   was   referred    to    the    Committee    on 
Education. 
Ordinance  No.  51,  by  Mr.  Thompson : 

To  amend  Sec.  8,  Art.  XIII  of  the  present  Constitu- 
tion.    (Kelates  to  Appropriations  for  Schools.) 

The  ordinance  was  referred  to  the  Committee  on 
Education.  _..j 

Ordinance  No.  52,  by  Mr.  Walker: 

To  regulate  the  mode  of  compensating  the  Clerk  of 
the  Supreme  Court.  (Relates  to  compensation  of  Clerk 
of  Supreme  Court.) 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  No.  53,  by  Mr.  Walker: 

To  amend  Article  XVII  of  the  present  Constitution. 
(Kelates  to  proposed  amendments  of  the  Constitution.) 

The  ordinance  was  referred  to  the  Committee  on 
Amending'  Constitution  and  Miscellaneous  Provisions. 

Ordinance  No.  54,  by  Mr.  Watts: 

To  amend  Section  23  of  Article  IV  of  the  present 
Constitution.     (Kelates  to  Local  Legislation). 

The  ordinance  was  referred  to  the  Committee  on 
Local  Legislation. 

Ordinance  No.  55,  by  Mr.  Watts : 

(Relates  to  Suffrage  and  Election.) 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Election. 

Ordinance  No.  56,  l)y  Mr.  Whiteside: 

An  ordinance  to  fix  (qualification  of  Superintendents 
of  Education.  (Kelates  to  qualification  of  Superin- 
tendents of  'Education. ) 

Ordinance  No.  57,  by  Mr.  Williams  of  Marengo: 

To  abolish  Justices  of  Peace  offices  in  towns,  villages 
and  cities. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  No.  58,  by  Mr.  Wilson  of  Clarke: 

To  define  qualification  of  voters  in  primary  elections. 


Constitutional  Convention. 


91 


The    ordinance  was  referred  to  the    Committee    on 
iSuffrage  and  Elections. 

adjournment. 

On  motion  of  Mr.  Malone  the  Convention  adjourned 
until  11  o'clock  to-morrow  mornino-. 


SEVENTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Wednesday,  May  29,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Kev.   Neal  Anderson  of  the 
■city. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  consti- 
tuted a  quorum : 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft,     • 

^anks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks,    • 

Browne, 

Bulger, 

Burnett, 

Burns, 


Byars, 

Cardon, 

Carmichael  ( Colbert ) 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

deGraffenried, 

Duke, 

Eley, 

Eyster,  ' 


92 


Journal  of  Alap,a:\ia 


Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Fosbee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  ( Talladega ) , 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knio'lii, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Long  (Bntler), 

Lowe  (Lawrence), 

Macdonald, 


McMillan  (Baldwin) 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo). 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

G'Neal  (Lauderdale),, 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman),. 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Porter,  • 

Proctor, 

Reese, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

San  ford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 


Constitutional  Convention. 


93 


Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Stud  da  rd, 

Tayloe, 

Vaiighan, 

Waddell, 


Walker, 

Weakley, 

Weatherlv. 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  ( Marengo ) , 

Wilson  (Clarke),^ 

Wilson  (Washington), 

Winn— 139. 


recommittal  of  ordinance. 

On  motion  of  Mr.  Sanford,  Ordinance  45 : 
To   prohibit  a  sentence   for  contempt  of  court,   for 
any  act  committed  out  of  its  presence,  without  a  trial 
by  jury. 

Was  recalled  from  the  Committee  on  Judiciary  and 
recommitted  to  the  Committee  on  Preamble  and  Dec- 
laration of  Rights. 

LEAVES   OF    absence. 

Was  granted  to  Messrs.  Long,  of  W^alker,  for  to-day; 
Pearce  for  to-day;  Cornwell  for  to-day  and  to-morrow; 
Thompson  indefinitely;  Cofer  for  to-day;  Titts  for  to- 
morrow, Friday  and  Saturday;  Davis,  of  Etowah,  for 
to-morrow,  Friday  and  Saturday;  Craig  for  to-day. 


JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  sixth  day 
■  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 


94  Journal  of  Alabama 

The  report  of  the  Committee  was  concurred  in. 

Mr.  Fitts  moved  that  the  reading  of  the  Journal  be 
dispensed  with,  and  that  the  same  be  approved.  The 
motion  prevailed. 

RESOLUTIONS. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows: 

Resolution  No.  42,  by  Mr.  Altman : 

To  print  three  hundred  copies  of  Bill  of  Rights  and 
Constitution.  Be  it  resolved  that  three  hundred  copies 
of  the  Bill  of  Rights  and  Constitution  be  printed  and 
distributed  among  the  members  of  the  Convention  and 
committees. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  No.  42,  by  Mr.  Case : 

Wlicrca.s,  The  State  of  Alabama  is  far  behind  other 
States  appertaining  to  educational  advantages,  and 
most  especially  as  relating  to  public  schools;  and 

Whereas,  It  has  been  suggested  that  school  districts 
should  be  laid  olf  in  every  county,  town  and  city  in  this 
State,  and  that  each  such  district  be  empowered  to  vote 
any  taxes  upon  itself  for  the  education  of  its  children, 
which  it  may  see  proper;  and  that  the  ten  cents  now 
levied  on  every  one  hundred  dollars  worth  of  taxable 
property  by  the  State,  for  school  purposes,  be  repealed; 
and 

Wliered.s,  Should  that  be  done,  a  great  many  of  such 
school  districts  would  be  composed  entirely  of  very 
I)oor  })e()ple,  and  thinly  settled;  and 

Whereas,  It  has  l)een  further  suggested  that,  when 
the  above  mentioned  changes  shall  have  been  effected, 
the  State  shall  stop  its  appropriations  to  the  common 
schools;  and,  whereas,  should  this  be  done,  each  such 
school  Avould  be  confined,  for  support,  alone  to  the  taxes 
levied  in  its  own  district — which  would  cause  the  com- 
mon schools  in  the  rural  districts  to  languish  and  die, 
as  it  were,  for  want  of  sufficient  funds  with  which  to 


Constitutional  Convention.  95 

educate  their  cliildreu;  and  many  bright-eyed  boys  and 
girls,  the  parents  of  whom  fortune  has  failed  to  favor, 
would  not  have  an  equal  chance  for  a  common  school 
education  with  the  children  of  those  wealthy  districts, 
blessed  with  railroads,  and  the  homes  of  many  capital- 
ists and  large  corporations  possessed  of  their  millions. 
For  such  last  named  schools  would  get  the  principal 
amount  of  such  money  for  educational  purposes,  leav- 
ing the  poor  rural  districts  almost  absolutely  destitute 
of  educational  aid;  therefore,  be  it 

Rcsoli'cd,  That  it  is  the  sense  of  this  Convention  that 
it  hold  intact  the  present  provision  of  ten  cent  tax  up- 
on the  one  hundred  dollars  of  assessible  property  in 
the  State,  to  be  levied  and  collected  for  the  support  of 
the  common  schools ;  and  that  it  request  the  Legislature 
to  make  additional  appropriations  for  such  schools, 
from  time  to  time,  whenever  the  financial  condition  of 
the  State  will  justify  it. 

The  resolution  was  referred  to  the  Committee  on 
Education. 

Kesolution  jS'o.  43,  by  Mr.  deGratfenried : 

To  authorize  the  President  of  this  Convention  to  ap- 
point two  shorthand  reporters  to  serve  the  comuiittees 
and  the  members  of  this  Convention. 

Kesolved,  That  the  President  of  this  Convention  shall 
appoint  two  shorthand  reporters,  at  a  salary  of  |2.50 
per  day,  whose  duty  it  shall  be  to  wait  upon  and  serve 
the  committees  of  this  Convention  when  directed  to  do 
so  b}^  the  respective  chairman  thereof,  and,  when  not 
performing  work  for  the  committees,  to  wait  upon  and 
serve  the  members  of  this  Convention  in  the  prepara- 
tion of  ordinances,  resolutions  and  motions,  to  be  sub- 
mitted to  this  Convention.  The  said  shorthand  report- 
ers appointed  under  this  resolution  shall  have,  as  their 
regular  place  of  business,  the  cloak  room  of  the  Senate 
Chamber. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  No.  44,  by  Mr.  Eyster: 

Resolved,  That  the  office  of  reading  clerk  of  this  Con- 
vention is  hereby  created,    and    the    compensation    of 


•96  Journal  of  Alabama 

such  reading  clerk  shall  he  the  same  as  that  of  the  as- 
sistant secretar}'. 

The  ahove  resolution  was  read  one  time  at  length, 
and,  on  motion  of  Mr.  Parker,  of  Cullman,  the  rules 
Avere  suspended,  and  the  motion  was  adopted. 

The  following  resolutions  were  introduced,  read  one 
time  at  length,  and  referred  to  appropriate  committees, 
as  follows : 

Resolution  No.  45,  by  Mr.  Ferguson: 

Resolved,  That  in  framing  the  suffrage  clause  to  the 
Constitution  to  be  enacted  br  this  Convention,  due  re- 
gard shall  be  given  to  the  following  well-known  prin- 
ciples : 

First,  that  the  abilit}'  to  read  and  write  is  not  a  su- 
preme test  of  good  citizenship. 

Second,  that  the  inability  to  read  and  write  is  not  a 
test  of  bad  citizenship. 

Third,  that  the  true  test  of  good  citizenship  is  the 
l>atriotic  and  fairly-  intelligent  use  of  the  ballot  in  the 
hands  of  those  who  look  to  their  country's  good,  free 
from  malevolent  or  corrupting  influences  of  any  char- 
acter whatever,  and  who,  by  inherited  characteristics, 
act  for  the  best  interests  of  good  government. 

Fourth,  that  it  is  the  purpose  of  the  Convention  in 
conferring  the  electoral  franchise,  to  give  it  in  harmony 
with  these  principles,  to  the  end  that  good  government 
shall  he  made  secure,  and  that  substantial,  patriotic 
citizenship  shall  be  recognized  in  accordance  with  the 
Fifteenth  amendment  to  the  Federal  Constitution. 

The  resolution  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Resolution  No.  46,  by  Mr.  Graham,  of  ^lontgomery : 

Resolved,  That  the  Secretary  of  State  be  and  is  here- 
by instructed  to  furnish  each  member  of  this  Conven- 
tion a  copy  of  the  Code  of  Alabama  (Civil  and  Crim- 
inal), taking  his  receipt  therefor. 

Resolved  further,  That  immediately  before  this  Con- 
vention shall  adjourn  sine  die,  the  members  thereof 
shall  return  to  the  Secretary  of  State  the  Codes  de- 
ilivered  to  them,  and  take  up  their  receipts  therefor. 


Constitutional  Convention.  97 

Tlie  resolution  was  referred  to  the  Committee  on 
Rules. 

By  unanimous  consent  the  resolution  Xo.  46  was 
withdrawn. 

Resolution  No.  47,  hy  Mr.  Greer,  of  Calhoun : 

Resolved,  That  a  tax  of  |1.50  per  head  be  and  is 
hereby  levied  against  all  dogs,  bitches,  all  other  species 
of  the  canine  familv,  and  said  tax  to  be  levied,  and 
collected  in  same  manner  that  present  poll  tax  is  levied 
and  collected,  the  same  to  be  used  exclusively  for  school 
purposes,  and  each  school  district,  or  township  is  to 
have  all  of  said  funds  collected  in  its  own  township  or 
district;  provided,  however,  that  any  person  or  persons 
convicted  of  stealing  a  dog,  bitch,  or  other  species  of 
dog,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  |50  nor  more 
than  |oOO,  and  may  also  be  sentenced  to  hard  labor  for 
the  county  for  not  more  than  six  months,  at  the  dis- 
cretion of  the  court,  and  .all  such  fines  collected  shall 
go  into  the  general  school  fund,  and  the  same  shall  be 
distributed  as  may  be  prescribed  by  law. 

The  resolution  was  referred  to  the  Committee  on 
Education. 

Resolution  No.  48,  by  Mr.  Greer,  of  Calhoun : 
■ .  Resolved,  That  no  county  site  shall  be  removed  ex- 
cept it  be  done  by  a  majority  of  the  voters  of  the  county 
by  ballot. 

The  resolution  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Resolution  No.  49,  by  Mr.  Greer,  of  Calhoun: 

Resolved,  That  no  bill  shall  be  introduced  in  the  Gen- 
eral Assembly  during  the  last  fifteen  days  of  its  ses- 
sion that  is  purely  local  in  its  nature. 

The  revsolution  was  referred  to  the  Committee  on 
Legislative  Department. 

Resolution  No.  50,  by  Mr.  Henderson,  of  Pike : 

Resolved,  That  five  hundred  copies  of  the  present 
'Constitution  be  printed  for  the  use  of  the  members  of 
this  Convention. 

The  resolution  was  referred  to  the  Committee  on 
JRules. 

.7 


98  Journal  of  Alabama 

Kesolution  No.  51,  by  Mr.  Henderson: 

Resolved,  That  the  rate  of  interest  in  this  State  shall 
be  fixed  at  six  per  cent,  per  annum ;  provided,  any  rate 
may  be  contracted  for,  not  excet-diug  ten  per  cent,  per 
annum,  and  that  these  rates  shall  not  be  increased  or 
lessened  by  law.  And  that  no  days  of  grace  be  hereafter 
allowed  on  commercial  or  negotiable  paper. 

The  resolution  was  referred  to  the  Committee  on 
Banks  and  Banking. 

Resolution  No.  52,  by  Mr.  Henderson: 

Resolved,  That  a  commission  known  as  the  Railroad 
Commission  of  Alabama  be  established  by  the  new  Con- 
stitution. That  it  consist  of  one  president  and  two  as- 
sociates. One  to  be  elected  by  the  people,  one  by  the 
Senate,  and  one  to  be  appointed  by  the  Governor.  They 
shall  hold  office  for  six  years,  but  it  shall  be  so  arranged 
that  one  shall  go  out  of  oflice  every  two  years. 

Said  Commission  shall  have  powers: 

First — To  exercise  a  general  supervision  over  all 
railroads  and  other  common  carriers  of  this  State. 

Second — To  revise  all  tariff  rates  for  transportation 
and  adjust  the  same  to  just  and  equitable  compensation^ 
and  to  prevent  all  unjust  discrimination. 

Third — To  require  needful  improvements,  fencing^ 
and  repairs,  and  to  require  the  establishment  and 
changes  of  stations. 

Fourth — To  hear  and  determine  all  complaints  by 
and  against  railroads  and  other  common  carriers,  and 
its  judgments,  orders  and  decrees  shall  have  the  force 
and  effect  of  judgments  of  law,  and  it  shall  have  full 
power  to  enforce  them,  as  may  be  provided  by  law. 

Fifth — Said  commission  shall  do  and  perform  any 
duty  reel ui red  of  it  by  law. 

The  resolution  was  referred  to  the  Committee  on 
Corporations. 

Resolution  No.  53,  by  Mr.  Henderson : 

Resolved,  That  the  aew  Constitution  provide  that  no 
person  of  African  descent  shall  hold  office  in  this  State, 
except  as  a  teacher  in  the  jmblic  schools  of  his  race;  nor 
shall  any  such  person  be  drawn  to  serve  as  a  juror  in 
the  courts  of  this  State. 


Constitutional  Convention.  99 

The  resolution  was  referred  to  the  Committee  on 
JudieiarY. 

Resuliitiou  No.  54,  by  Mr.  Henderson : 

Resolved,  That  the  new  Constitution  provide  that  the 
Governor  of  this  State  shall  not  be  eligible  to  the  Sen- 
ate of  the  United  States  while  in  office,  nor  within  one 
year  thereafter. 

The  resolution  Avas  referred  to  the  Committee  on 
Executive  Department. 

Eesolution  No.  55,  by  Mr.  Henderson : 

Kesolved,  That  the  new  Constitution  provide  that  no 
member  of  the  Ceneral  Assembly  be  allowed  mileage 
for  the  distance  traveled  to  and  from  the  seat  of  gov- 
ernment, where  he  travels  by  public  conveyance  free  of 
charge. 

The  resolution  was  referred  to  the  Committee  on 
Legislative  Department. 

Kesolution  No.  56,  by  Mr.  Henderson : 

Eesolved,  That  Section  30  of  the  Declaration  of 
Rights  be  amended  to  read  as  follows : 

That  no  title  of  nobilitj^  or  hereditary  distinction, 
privilege,  honor  or  emolument,  shall  ever  be  granted  or 
conferred  in  this  State;  and  there  shall  be  no  unjust 
discrimination  against  the  rights  of  persons  or  the 
rights  of  things,  except  in  the  exercise  of  the  police 
powers,  and  of  eminent  domain  of  governuient,  and  to 
exempt  from  taxation  property  used  for  educational, 
charitable  and  religious  purposes;  and  that  no  office 
shall  be  created,  the  appointment  to  which  shall  last 
longer  than  good  behavior. 

The  resolution  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Resolution  No.  57,  by  Mr.  Henderson: 

Resolved,  That  no  special  Tax  shall  be  levied  and  col- 
lected to  pay  the  salary  of  any  officer  of  this  State, 
nor  to  maintain  anj  separate  State  department. 

The  resolution  was  referred  to  the  Committee  on 
Taxation. 

Resolution  No.  58,  by  Mr.  Henderson : 

Resolved,  That  the  homestead  of  every  resident  of 
this  State  be  exempt  from  any  sale  under  execution  or 


100  Journal  of  Alabama 

other  legal  process  from  any  court,  and  from  sale  under 
mortgage,  nor  shall  the  same  be  wavied  in  any  manner 
for  the  pa^'ment  of  auj  claim  for  money. 

Proyided,  Said  homestead  shall  be  liable  for  the  pur- 
<?hase  money  and  for  anj'  lien  created  by  la^y  for  labor 
and  material  furnished  for  improyements  or  better- 
ments. If  said  homestead  is  not  in  any  city,  to\yn  or 
yillage  it  shall  not  exceed  in  area  more  than  eighty 
acres,  and  shall  not  be  increased  or  lessened  in  area  by 
law.  If  in  any  city,  town  or  yillage  it  shall  not  exceed 
in  yalue  two  thousand  dollars. 

There  shall  also  be  exempt  in  the  same  manner  the 
following  personal  property:  All  household  and  kitchen 
furniture,  all  family  portraits  and  pictures,  all  books 
used  in  the  family;  but  said  personal  property  shall  be 
liable  for  the  pa3anent  of  any  lien  for  rent  for  any 
house  used  as  a  dwelling  place  for  such  family. 

There  shall  also  be  exempt  from  sale  under  execu- 
tion or  legal  process  issued  from  any  court,  personal 
property  to  l>e  selected  by  the  owner  not  to  exceed  in 
value  one  thousand  dollars.  But  this  exemption  may 
be  mortgaged,  sold  by  priyate  sale  or  under  legal  process 
where  the  same  is  waiyed  as  proyided  by  law,  for  the 
payment  of  any  debt  contracted  since  the  adoption  of 
this  Constitution. 

The  resolution  Ayas  referred  to  the  Committee  on 
Exemptions. 

Resolution  No.  59,  b}^  Mr.  Henderson : 

liesolyed.  That  the  new  Constitution  proyide  that  no 
bcmded  indebtedness  shall  be  authorized  by  law  to  be 
created  l)y  any  county,  city,  town  or  other  subdiyisiou 
of  the  State,  unless  by  the  consent  of  a  majority  of  the 
legally  qualified  yoters  residing  within  the  district  to 
be  effected,  such  consent  to  be  ascertained  by  an  election 
as  may  be  proyided  by  law.  For  the  payment  of  bonds 
issued  under  this  provision  for  educational  purposes, 
no  tax  exceeding  one-fourth  of  one  per  cent,  shall  be 
levied  and  collected  upon  the  assessed  value  of  the 
property  within  the  district  for  which  such  bonds  may 
issue. 

The  resolution  Avas  referred  to  the  Committee  on 
Taxation. 


Constitutional  Convention.  101 

POINT  of  order.  - 

Mr.  Weatherlv  raised  the  point  of  order-  that  imder 
Kule  28  all  resolutions  should  be  referred  to  the  Com- 
mittee on  Kules. 

The  point  of  order  was  not  sustained. 

ORDINANCES    ON    FIRST   READING. 

The  following  ordinances  were  introduced,  severally 
read  at  length,  one  time,  and  referred  to  appropriate 
committees,  as  follows: 

Ordinance  59,  by  Mr.  Almon : 

To  amend  Section  5,  Article  II  of  the  Constitution, 
relating  to  taxation. 

The  ordinance  Avas  referred  to  the  Committee  on 
Taxation. 

Ordinance  60,  by  Mr.  Waddell : 

To  provide  for  working  the  public  roads  of  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Amending  Constitution  and  Miscellaneous  Provisions. 

Ordinance  Gl,  by  Mr.  ^Yaddell : 

Giving  the  General  Assembly  power  to  pass  laws 
governing  the  gathering  and  marketing  of  farm  pro- 
ducts raised  in  this  State. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  62,  by  Mr.  Barefield : 

To  amend  Article  I,  Section  1,  of  the  Constitution  of 
Alabama,  relating  to  Declaration  of  Rights. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  63,  by  Mr.  Beddow :     • 

To  amend  Section  7,  Article  XI  of  the  Constitution 
of  Alabama,  relating  to  taxation. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  64,  by  Mr.  Beddow: 

An  ordinance  to  amend  Section  12,  Article  I,  Bill  of 
Rights  of  the  Constitution  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Preaml)le  and  Declaration  of  Riglits.. 


102  Journal  of  Alabama 

Ordiilaiu-e  ,05,  by  Mr.  Blackwell : 

To  prohibit  any  person  who,  while  a  candidate  for 
any  office,  shall  be  guilty  of  bribery  or  fraud,  or  wilful 
violation  of  any  election  law,  from  voting  or  holding 
office  in  this  State. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  6(1,  by  Mr.  Blackwell : 

To  prohibit  any  person  who  practices  fraud  in  elec- 
tions from  voting  or  holding  office  in  this  State. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  67,  by  Mr.  Blackwell : 

To  provide  for  the  filling  of  all  vacancies  that  may 
occur  in  county  offices  by  a  direct  vote  of  the  people. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  08,  by  Mr.  Blackwell: 

Providing  that  each  county  shall  have  a  superintend- 
ent of  education,  who  shall  be  elected  by  the  people, 
and  shall  possess  certain  qualifications. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  0!),  Ity  Mr.  Boone: 

To  amend  xVrticle  XIV,  Section  1,  of  the  Constitu- 
tion of  Alabama,  relating  to  corporations. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  70,  by  ^Ir.  Boone : 

To  amend  Article  1,  Section  12,  of  the  Constitution, 
relating  to  trial  by  jury. 

The  ordiuaure  was  referred  to  the  Committee  on 
Preaiuble  and- Declaration  of  Ilights. 

Ordinajice  71,  by  Mr.  Boone: 

To  amend  Article  1,  Section  23,  of  the  Constitution 
of  Alabama,  relating  to  ex  post  facto  laws. 

The  ordinaTue  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Bights. 

Ordinance  72,  l)y  Mr.   Boone: 

To  amend  Ai-ticle  XTV,  Section  10,  of  the  Constitu- 
tion of  Alabiima    (relating  to  corjjorations. ) 


Constitutional  Convention.  103 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  73,  by  Mr.  Browne: 

To  amend  Section  7,  of  Article  XI,  of  the  Constitu- 
tion, relating  to  taxation. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corjjorations. 

Ordinance  74,  by  Mr.  Bulger : 

To  revise  and  amend  Article  XIII  of  the  f>resent  Con- 
stitution of  the  State,  which  relates  to  education. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  75,  by  Mr.  Burns : 

To  exempt  veterans  of  the  Civil  AVar  from  payment 
of  licenses,  etc. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  76,  by  Mr.  Burns : 

To  add  an  additional  section  to  Article  VIII  of  the 
Constitution  on  Suffrage  and  Elections. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  77,  by  Mr.  Carmichael,  of  Colbert : 

To  amend  Section  1,  of  Article  XIII  of  the  Consti- 
tution, relating  to  education. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  78,  by  Mr.  Carmichael,  of  Coffee: 

To  regulate  the  granting  of  franchises  by  municipal 
corporations. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  79,  by  Mr.  Carmichael,  of  Coffee: 

To  amend  Section  24  of  Article  IV,  of  the  present 
Constitution,  relates  to  local  legislation. 

The  ordinance  was  referred  to  the  Committee  on 
Local  Legislation. 

Ordinance  80,  by  Mr.  Carmichael,  of  Coffee: 

To  make  the  pay  of  the  public  school  teachers  a  pre- 
ferred claim. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 


104  Journal  of  Alabama 

Ordinance  81,  bv  Mr.  Case,  of  DeKalb : 

To  amend  Article  1  of  the  Constitution,  relating  tO' 
declaration  of  rights. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Kights. 

Ordinance  82,  bv  Mr.  Duke: 

To  amend  Section  5  of  Article  V  of  the  Constitution, 
relates  to  the  election  of  Governor  and  other  State  offt- 
cers. 

The  ordinance  Avas  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  83,  by  Mr.  Duke: 

To  amend  Section  1,  of  Article  IV  of  the  Constitu- 
tion relating  to  age  of  Senators  and  members  of  the 
General  Assembly. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  84,  by  Mr.  Eyster : 

To  amend  Section  2  of  Article  II  of  the  Constitution 
relating  to  county  boundaries. 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  85,  by  Mr.  Eyster : 

Repealing  paragraph  35  of  the  Declaration  of  Eights. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  86,  by  Mr.  Eyster : 

Relating  to  State  University. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  87,  by  Mr.  Ferguson,  of  Jefferson : 

An  ordinance  concerning  the  right  of  citizens  to  bear 
arms. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  88,  by  Mr.  Pitts,  of  Tuscaloosa : 

An  ordinance  to  repeal  Section  38  of  the  present  Bill 
of  Rights. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  89,  by  Mr.  Fletcher,  of  Madison : 


Constitutional   Convention.  106- 

To  amend  Section  7  of  Article  XI  of  the  present  Con- 
stitution in  regard  to  taxation  of  municipal  corpora- 
tions. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  90,  by  Mr.  Foster,  of  Tuscaloosa : 

An  ordinance  to  define  general  laws : 

The  ordinance  was  referred  to  the  Committee  on 
Local  Legislation. 

Ordinance  91,  by  Mr.  Foster,  of  Tuscaloosa : 

An  ordinance  to  amend  Section  1  of  Article  VIII  of 
the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on. 
Suifrage  and  Elections. 

Ordinance  92,  by  Mr.  Foster,  of  Tuscaloosa : 

An  ordinance  to  amend  Section  9  of  Article  XIII  of 
the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  93,  by  Mr.  Foster,  of  Tuscaloosa : 

An  ordinance  to  further  restrict  the  powers  of  the 
General  Assembly. 

The  ordinance  was  referred  to  the  Committee  on' 
Local  Legislation. 

Ordinance  94,  by  Mr.  Glover : 

An  ordinance  to  amend  Section  12,  of  Article  I  of  the-, 
Constitution  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  95,  by  Mr.  Glover : 

An  ordinance  to  amend  Section  1  of  Article  XIII  of 
the  Constitution  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  96,  by  Mr.  Graham,  of  Montgomery : 

To  amend  Section  1  of  Article  V  of  the  Constitution- 
of  Alabama.  (Eelates  to  Executive  Department.) 

The  ordinance  was  referred  to  the  Committee  on- 
Executive  Department. 


106  JOUENAL  OF  AXiABAMA 

Ordinance  97,  by  Mr.  Graham,  of  Montgomery: 

An  ordinance  to  amend  Sections  23  and  24  of  Article 
IV  of  the  Constitution  of  Alabama.  (Kelates  to  Leg- 
islative Department. ) 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  98,  by  Mr.  Graham,  of  Talladega : 

An  ordinance  to  amend  Section  25  of  Article  VI  of 
the  present  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  99,  by  Mr.  Grayson,  of  Madison : 

An  ordinance  to  amend  Section  2  of  Article  I  of  the 
'Constitution  of  1875.  (Relates  to  Declaration  of 
Rights. ) 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  100,  by  Mr.   Grayson : 

To  amend  Article  13,  of  the  Constitution  of  1875.  (Re- 
lates to  education. ) 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  101,  by  Mr.  Handley: 

Providing  for  a  reduction  on  taxation  in  certain  con- 
tingencies.     (Referring  to  taxation.) 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  102,  by  Mr.  Heflin,  of  Randolph: 

To  confirm  and  ratify  Section  12  of  Article  I  of  the 
Oonstitution.     (Referring  to  right  of  trial  by  jur3^) 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights.) 

Ordinance  103,  by  Mr.  Hinson : 

To  amend  Section  21  of  Article  IV  of  the  Constitu- 
tion.    (Relating  to  local  laws). 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  101,  by  Mr.  Howell: 

To  regulate  tlie  mih^age  and  per  diem  of  members  of 
the  General  Assemblv. 


CONSTITUTION.VJL  CONVENTION.  107 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department 

Ordinance  105,  hj  Mr.  Howze: 

To  require  salaries  of  judges  to  be  paid  by  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

REPORT   OF   THE   COMMITTEE   ON   RULES. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  submitted  the  following  report : 

The  Committee  on  Rules  have  considered  the  reso- 
lutions hereinafter  mentioned,  and  beg  leave  to  report 
in  regard  thereto  as  follows: 

It  reports,  as  a  substitute  for  resolution  number  11, 
offered  by  Mr.  Rogers,  of  Lowndes,  the  following  reso- 
lution, and  recommends  its  adoption  by  the  Convention: 
Resolution  11 : 

Resolved,  That  until  otherwise  ordered,  this  Conven- 
tion shall  meet  regularly  at  10  o'clock  a.  m.,  and  stand 
adjourned  at  1  o'clock  p.  jn. 

It  reports  favorably  resolution  Number  12,  introduced 
by  Mr.  Bulger,  of  Tallapoosa,  and  recommends  its  adop- 
tion by  the  Convention.     Said  resolution  reads  as  fol- 
lows : 
Resolution   12 : 

That,  whereas,  Hon.  John  B.  Knox,  the  dis- 
tinguished President  of  this  Convention,  at  the  be- 
ginning of  the  permanent  organization  of  the  Conven- 
tion, delivered  a  most  able  address,  outlining  our  plans, 
policies  and  duties  looking  to  the  framing  of  a  Consti- 
tution for  our  State;  therefore,  be  it 

Resolved,  That  the  Secretary  of  this  Convention  be 
and  he  is  hereby  directed  to  have  printed  five  thousand 
copies  of  the  address  for  the  use  of  the  members  of  the 
Convention. 
Resolution  15 : 

It  reports  that  the  substance  of  resolution  number  15, 
offered  by  Mr.  Watts  of  ^lontgomery,  has  already  been 
embodied  in  the  rules  of  the  Convention,  and  that  fur- 
ther consideration  thereof  has,  therefore,  become  un- 
necessary. 
T^esolution  14 : 


108  Journal  of  Alabama 

It  reports  favorably  upon  resolution  number  14,  in- 
troduced by  Mr.  Kogers,  of  Sumter,  and  recommends 
its  adoption  by  the  Convention.  Said  resolution  reads 
as  follows : 

Kesolved,  That  the  Secretary  of  this  Convention  pro- 
cure and  have  printed  in  consolidated  form,  for  the  usfr 
of  its  members,  five  hundred  copies  of  those  sections 
relating  to  suffrage  in  the  Constitutions  of  the  follow- 
ing States :  Connecticut,  Massac^husetts,  Maryland, 
Pennsylvania,  North  and  South  Carolina,  Mississippi,. 
Louisiana,  California  and  Utah. 

The  said  resolutions  hereinabove  referred  to  are  here- 
with returned  to  the  Convention. 
Resolution  14: 

Mr.  O'Neal,  of  Lauderdale,  offered  the  following 
amendment  to  resolution  14 : 

Amend  by  adding  to  resolution  number  14  at  the  end 
thereof  the  following:  "With  the  duties  of  the  adoption 
of  such  Constitution,  and  the  last  statutes  of  the  State 
of  Massachusetts  in  reference  to  Suffrage  and  Elections. 

The  amendment  was  accepted  by  the  committee. 

Resolution  14 : 

Mr.  Cunningham  offered  the  following  amendment 
to  resolution  14 : 

Amend  by  adding  to  such  of  the  Constitution  of  the 
United  States  as  relates  to  Suffrage  and  Elections. 

The  amendment  was  accepted  by  the  committee. 
Resolution  11: 

Mr.  Jones,  of  ^Montgomery,  offered  the  following 
amendment  to  resolution  11 :  "Amend  resolution  11  by 
striking  out  the  words  'one  o'clock  p.  m.'  and  inserting 
in  lieu  thereof  the  words  'at  will.'  " 

The  amendment  was  lost. 
Resolution  11 : 

^Fr.  Kirk  offered  the  following  amendment  to  reso- 
lution 11 : 

Amend  by  striking  out  the  words  "one  o'clock  p.  m.'^" 
and  inserting  in  lieu  thereof  the  words  "two  o'clock 
p.  jn." 

The  amendment  was  lost. 

The  report  of  the  committee,  as  amended,  was  adopted.. 


COXSTITUTIOXAL  COXVEXTION.  109 

MEMORIALS. 

The  President  laid  before  the  Convention  a  memorial 
from  Booker  T.  Washington,  as  chairman  of  a  special 
c-ommittee,  in  behalf  of  the  negro  race. 

ADJOURNMENT. 

On  motion  of  Mr.  Greer,  of  Calhoun,  the  Convention 
adjourned  until  to-morrow  morning  at  10  o'clock. 


EIGHTH   DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Thursday,  May  30,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Praj'er  was  offered  by  Rev.   Neal  Anderson  of  the 
city. 

ROLL    CALL. 


On  a  call  of  the  roll  of  the  Convention  the  follow- 
g-  delegates  an 
tuted  a  quorum : 


ing  delegates  answered  to  their  names,  which  consti 


Messrs.  President,  Browne, 

Almon,  Bulger, 

Altman,  Burns, 

Ashcraft,  Byars, 

Banks,  Cardon, 

Barefield,  Carmichael  (Colbert), 

Bartlett,  Carmichael  (Coffee), 

Beavers,  Carnathon, 

Beddow,  Case, 

Bethune,  Chapman, 

Blackwell,  Cobb, 

Boone,  Cofer, 

Brooks,  Coleman  (Greene), 

Coleman  (Walker), 


10 


Journal  of  Alabama 


Craig, 

CuDiiingliam, 

Davis  (DeKalb), 

deGraffenried, 

Duke, 

Eyster, 

Espy, 

Fletcher, 

Fosliee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Talladega),, 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (^Marion), 

Haley, 

Handley, 

Heflin  (Chambers)^ 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges^ 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery),. 

Jones  (Wilcox),. 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter^ 

Leigh, 

Locklin^ 


Long  (Butler), 

Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  (Baldwin),. 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale),. 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Porter, 

Proctor, 

Reese, 

Reynolds  ( Chilton )y 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes),, 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

Sanford,. 

Searcy, 


Constitutional  Convention.  Ill 

Selheimer,  Walker, 

Sentell,  Watts, 

Sloan,  Weakley, 

Smith  (Mobile),  Weatberly, 

Smith,  Mac.  A.,  White, 

Sjiiith,  Morgan  M.,  Whiteside, 

Sollie,  Willett, 

Sorrell,  Williams  (Barbour), 

Spears,  Williams  (Marengo). 

Spragins,  Williams  (Elmore), 

Stewart,  Wilson  (Clarke), 

Tayloe,  Wilson  (Washington). 

Vaiighan,  Winn. 

Wacidell, 

LEAVES   Oi"   ABSENCE. 

Was  granted  to  Messrs.  Burnett,  indefinitely;  King,, 
of  Marengo,  until  Tuesday;  Graham,  of  Montgomery,, 
for  to-day. 

announcement  of  PLACES  OF  COMMITTEE  MEETINGS. 

Mr.  Coleman,  of  Greene,  announced  the  hour  and 
place  of  the  committee  meetings  as  follows : 

Suffrage,  9  a.  m..  Senate  Chamber. 

Education,  4  to  5  p.  m..  Supreme  Court  room  at  call 
of  the  chairman. 

Legislative  Department,  3  to  4  p.  m.,  22^  South  Perry- 
street. 

Taxation,  5  p.  m..  Supreme  Court  library. 

Corporations,  4  p.  m.,  Senate  Chamber. 

Local  Legislation,  8  p.  m.,  Supreme  Court  library ,  at 
the  call  of  the  chairman. 

Executive,  4  p.  m.,  16  Perry  street. 

Municipal  Corporations,  8  p.  m.,  place  to  be  selected. 

Judiciary,  5  :30  p.  m.,  Graham  &  Steiner's  office. 

Banking,  room  5,  Merchant's  Hotel ;  call  of  chairman.. 

Exemptions,  4  :30  p.  m..  House  Representatives ;  call 
of  the  chairman. 

State  and  County  Boundaries,  8  p.  m.,  Senate  Cham- 
ber, at  the  call  of  the  chairman. 


.112  Journal  of  Alabama 

Impeachments,  at  the  call  of  the  chairman. 

Amending  Constitution,  1  p.  m.,  Supreme  Court 
room,  at  the  call  of  the  chairman. 

Schedule  and  Printing,  9 :30  a.  m.,  House  of  Repre- 
sentatives, 

Thomas  W.  Coleman,  Chairman. 

Mr,  Sanford  announced  that  the  Committee  on  Muni- 
cipal CoriDoratious  would  meet  in  the  law  office  of  Hon. 
John  W.  A.  Sanford,  Jr.,  corner  Perry  and  Dexter  ave- 
nue. 

Mr.  Watts  offered  an  amendment  to  the  report  of 
Committee  meetings  as  follows : 

"The  Committee  on  Local  Legislation  will  meet  at  8 
p.  m.  at  the  office  of  Watts,  Troy  &  Caffey." 

The  amendment  was  accepted  by  the  committee, 

STENOGRAPHIC   REPORT. 

Mr.  Howell  offered  the  following  resolution,  and  the 
rules  were  suspended  and  the  resolution  was  adopted : 

Resolution  60,  by  Mr.  Howell  : 

Whereas,  some  errors  have  been  found  in  the  official  re- 
ports of  the  published  proceedings  of  this  Convention, 
and  in  order  that  these  errors  in  future  may  be  cor- 
rected. 

Be  it  therefore  resolved.  That  the  stenographer  is 
hereby  directed  each  day  to  correct  any  error  which 
may  have  been  made  in  reporting  the  proceedings  on 
the  preceding  day,  under  the  appropriate  head. 

Mr.  Ferguson  called  the  attention  of  the  Convention 
to  a  mistake  in  the  stenographic  report  of  the  proceed- 
ings of  yesterday,  as  follows: 

Resolution  45 : 

The  stenographic  reports  reads: 

Second — The  inability  to  read  and  write  is  not  a  test 
of  good  citizenship. 

The  resolution  read  and  still  reads:  "Is  not  a  test  of 
had  citizenship." 

REPORT  OF  THE  COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report: 


Constitutional  Convention.  113 

The  Committee  on  the  Journal  beg  leave  to  report  that 
thej  have  examined  the  Journal  for  the  seventh  day  of 
the  Convention,  and  that  the  same  is  eorrect. 

Respeetfullv  suhmitted, 

John  F.  Proctok,  CluiiniKiii. 

The  report  of  the  committee  was  concurred  in. 

Mr.  Greer,  of  Calhoun,  moved  that  the  reading  of  the 
Journal  he  dispensed  Avith  and  that  the  same  be  ap- 
proved.      The  motion  prevailed. 

RECOMMITTAL    OF    ORDINANCES. 

Mr.  Graham,  of  Talladega,  returned  to  the  Convention 
Ordinance  50, 
Ordinance  50 : 

To  amend  Section  3  of  Article  VIII  of  the  present 
Constitution. 

And  requested  that  the  same  be  re-referred  to  the 
Committee  on  Suffrage  and  Election. 

The  ordinance  was  so  referred. 

Mr.  Fletcher  moved  to  recall  from  the  Committee  on 
Taxation 

Ordinance  89 : 

To  amend  Section  7,  Article  XI  of  the  present  Con- 
stitution in  regard  to  the  taxation  of  municipal  cor- 
porations. 

And  to  refer  same  to  the  Committee  on  Municipal 
Corporations. 

The  motion  prevailed,  and  the  ordinance  was  so  re- 
ferred. 

ORDINANCES    ON    FIRST    READING. 

The  following  ordinances  Avere  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Ordinance  106,  by  Mr.  Jackson : 

To  readopt  Section  10  of  Article  XIII  of  the  Consti- 
tution of  1875  relating  to  the  removal  of  the  State  Uni- 
versity or  the  Agricultural  and  INIechanical  College. 

8 


114  Journal  of  Alabama 

The  ordinance  was  referred  to  the  Committee  oru 
Education. 

Ordinance  107,  by  Mr.  Jones,  of  Montgomery: 

An  ordinance  to  amend  Sections  9  and  10  of  Article- 
XIII  of  the  Constitution. 

The  ordinance  ^yas  referred  to  the  Committee  on. 
Education. 

Ordinance  108,  by  Mr.  Jones,  of  Montgomery : 

An  ordinance  to  amend  Section  21  of  Article  VI. 

The  ordinance  was  referred  to  the  Committee  on. 
Judiciary. 

Ordinance  109,  by  Mr.  Jones,  of  Montgomery: 

An  ordinance  to  amend  Section  11  of  Article  V  of 
the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Executiye  Department. 

Ordinance  110,  by  Mr.  Jones,  of  Montgomery: 

An  ordinance  to  proyide  for  the  safe  and  productive- 
use  of  surplus  public  funds  in  the  treasury. 

The  ordinance  was  referred  to  the  Committee  on 
Banks  and  Banking. 

Ordinance  111,  by  Mr.  Jones,  of  Wilcox : 

An  ordinance  to  amend  Article  IX  of  the  Constitu- 
tion on  representation. 

The  ordinance  was  referred  to  the  Committee  on 
Representation. 

Ordinance  No.  112,  by  Mr.  Kirk: 

An  ordinance  to  amend  Sections  3,  5  and  9  of  Article 
IV  of  tile  Constitution.  ( Relates  to  Legislatiye  De- 
partment. ) 

The  ordinance  \Aas  referred  to  the  Committee  on 
Legislatiye  Department. 

Ordinance  113,  by  Mr.  Kirkland : 

An  ordinance  to  amend  Section  2  of  Article  II  of  the' 
Constitution  of  the  State  of  Alabama. 

The  ordinance  A\'as  referred  to  the  Committee  on 
State  and   County   Boundaries. 

Ordinance  114,'by  :\[r.  Kirkland,  of  Dale: 

An  ordinance  to  establish  a  Railroad  ('ommission  for 
the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on- 
Corporations. 


Constitutional  Convention.  115 

Ordiiiaiu-e  115,  by  ^fr.  Kirkland,  of  Dale: 

An  urdiiiauce  to  amend  Section  C  of  Article  IV  of 
the  present  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  110,  by  ^Ir.  Kirkland,  of  Dale: 

Be  it  ordained  by  the  people  in  Convention  assembled : 

That  members  of  the  General  Assembly,  Presidential 
Electors,  witnesses  before  any  court,  and  others  who 
ma}'  be  entitled  to  draw  mileage,  as  compensation  in 
part  for  their  services,  shall  be  allowed  the  sum  of  three 
cents  per  mile,  each  way,  and  no  more,  to  be  computed 
by  the  route  most  usually  traveled. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  117,  by  ^Ir.  Kirkland,  of  Dale: 

An  ordinance  to  amend  Section  5  of  Article  IV  of  the 
present  Constitution  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  118,  by  Mr.  Kirkland,  of  Dale: 

An  ordinance  to  amend  Section  16  of  Article  V  of 
the  present  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  119,  by  Mr.  Locklin,  of  Monroe: 

An  ordinance  that  the  qualifications  for  electors  in 
this  State  shall  be  the  same  as  prescribed  in  Article 
VIII  of  the  present  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  No.  120,  by  Mr.  Macdonald : 

An  ordinance  to  amend  Section  7  of  Article  XI  of 
the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  No.  121,  by  Mr.  Macdonald : 

An  ordinance  to  amend  Section  3  of  Article  XIV  of 
the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations, 


116  Journal  of  Alabama 

Ordinance  No.  122,  bv  Mr.  McMillan,  of  Wilcox: 

(Kelates  to  the  formation  of  the  new  counties). 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  that  no  act  of  the  General  Assembly 
creating"  or  forming  new  counties  shall  become  a  law 
until  the  same  shall  have  been  submitted  to  the  quali- 
fied electors  residing  within  the  boundaries  of  the 
county  to  be  formed,  and  must  be  approved  by  a  ma- 
jority of  such  electors  voting  on  same,  and  such  act 
shall  specify  the  proposed  boundaries. 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  No.  123,  by  Mr.  McMillan,  of  Wilcox: 

(Eelating  to  the  removal  of  county  sites.) 

Be  it  ordained  by  the  people  of  iVlabama,  in  Con- 
vention assembled,  that  no  act  of  the  General  Assembly 
changing  the  county  site  of  any  count}'  shall  become  a 
law  until  the  same  shall  have  been  submitted  to  the 
qualified  electors  of  the  county  at  an  election,  and  ap- 
proved by  a  majority  of  such  electors  voting  on  same, 
and  such  act  shall  specify  the  proposed  new  location. 

The  ordinance  was  referred  to  the  Committee  on 
State  and   County  Boundaries. 

Ordinance  No.  ^24,  by  Mr.  Maxwell : 

An  ordinance  to  repeal  Section  8  of  Article  XI  of 
the  Constitution  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  No.  125,  by  Mr.  Maxwell : 

An  ordinance  to  amend  Section  1  of  Article  VII  of 
the  Constitution  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Impeachment.. 

Ordinance  No.  126,  by  Mr.  Maxwell: 

An  ordinance  to  create  the  office  of  Lieutenant  Gov- 
ernor of  Alabama,  and  to  define  the  qualifications  and 
duties  of  such  officer. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  No.  127,  by  Mr.  Maxwell : 


Constitutional  Convention.  117 

An  ordinance  to  amend  Section  8  of  Article  IV  of 
the  Constitution  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Le.uislative  Department. 

Ordinance  No.  128,  b}-  Mr.  A.  H.  Merrill,  of  Barbour : 

An  ordinance  to  declare  the  status  of  married  women. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  No.  129,  b}'  Mr.  Miller,  of  AVilcox : 

An  ordinance  to  amend  Section  8  of  Article  IV  of 
the  Constitution  as  to  the  election  of  President  of  Sen- 
ate and  Speaker  of  the  House. 

The  ordinance  was  referred  to  the  Committee  on 
Leiiisiative  Department. 

Ordinance  No.  130,  by  Mr.  J.  T.  Ashcraft : 

An  ordinance  to  alter  and  amend  Article  XIII  of 
the  present  Constitution,  relating  to  Education. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  131,  by  Mr.  Murphree: 

Amending  Section  47,  Article  IV,  of  the  Constitu- 
tion, referring  to  duelling,  concealed  pistols  and  other 
deadly  weapons. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  132,  by  VaV.  Murphree: 

Amending  Section  23,  Article  XIV,  of  the  Constitu- 
tion of  Alabama,  referring  to  free  transportation  from 
railroad  companies. 

Tlie  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  No.  133,  by  Mr,  Murphree: 

Addition  to  the  Article  XIV  of  the  Constitution  of 
Alabama,  relating  to  freight  and  passenger  tariff  rates. 

The  ordinance  Avas  referred  to  the  Committee  on 
Corporations. 

Ordinance  134,  by  ]Mr.  Murphree  r 

Amending  Section  5,  Article  V  of  the  Constitution 
of  the  State  of  Alabama,  relating  to  the  election  of 
State  officers. 


118  Journal  of  Alabama 

Tlie  ordimuiee  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  135,  by  Mr.  XeSmith : 

To  amend  Article' IV  of  the  Constitution  of  Alabama, 
relating  to  legislation. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  No.  136,  by  Mr.  Oates: 

To  amend  Article  XI  of  the  Constitution  of  the 
State  by  adding  thereto  another  Section,  relating  to 
tlie  removal  of  county  seats. 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  137,  by  Mr.  Oates: 

To  amend  Article  IV,  Sections  1  and  2  of  the  Con- 
stitution, referring  to  elections. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  No.  138,  by  Mr.  Oates: 

To  preserve  the  purity  of  the  ballot. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  No.  139,  by  Mr.  Oates: 

For  the  abolition  of  the  Chancery  Court. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  No.  140,  by  Mr.  Oates: 

An  ordinance  to  authorize  the  Governor,  with  the  ad- 
vice and  consent  of  the  Senate,  to  appoint  and  remove 
for  cause  tlie  Attorney  (Tcneral. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Dei)artment. 

Ordinance  141,  by  ^Ir.  Oates : 

An  ordinance  proposing  certain  prohibitions  and  re- 
strictions ui)on  the  power  of  the  Legislature. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  142,  by  ^Fr.  Oates: 

An  ordinance  to  regulate  and  define  the  powers  of 
legislation,  touching  local  and  special  laws. 

Th(^  ordinance  was  refi^rred  to  the  Committee  on 
J^egislative  Department, 


Constitutional  Convention.  119 

'Ordinance  143,  b}^  Mr.  O'Neal,  of  Lauderdale: 
Prohibiting  the  grant  by  any  city,  town  or  other 
municipality  of  any  franchise  or  privilege;  or  the  mak- 
ing of  any  contract  in  reference  thereto,  for  a  term  ex- 
ceeding twenty  years,  and  requiring  such  grants  to  be 
made  at  public  auction  to  the  highest  bidder. 

The    ordinance    was    referred    to   the    Committee  on 
Mnm  cipa  1  Corporations. 

Ordinance  144,  by  Mr.  O'Neal,  of  Lauderdale: 
To  amend  Sections  of  Article  XI  of  the  Constitution 
of  Alabama,  referring  to  taxation. 

The   ordinance   was    referred    to   the    Committee  on 
Taxation. 

Oi-diuance  145,  by  Mr.  O'Neal,  of  Lauderdale : 
To  amend  Section  5,  of  Article  XI  of  the  Constitu- 
tion of  Alabama,  relating  to  the  debt  of  the  State. 

The    ordinance    was    referred    to    the    Committee  on 
Taxation. 

Ordinance  14(5,  by  ]Mr.  O'Neal,  of  Jefferson: 
1  o  amend  Article  XIII  of  the  Constitution,  in  rela- 
tion to  education. 

The   ordinance    was    referred    to   the    Committee  on 
Education. 

Ordinance  147,  by  Mr.  Williams,  of  Marengo: 
'JV»  regulate  the  powers  of  Corporations  to  engage  in 
business. 

The    ordinance   was    referred    to   the    Committee  on 
Corporations. 

Ordinance  No.  148,  by  Mr.  Williams,  of  Marengo: 
To  pr(diibit  the  State  of  Alabama  from  engaging  in 
certain  business. 

The    ordinance   was    referred    to    the    Committee  on 
Judiciary. 

Ordinance  149,  by  Mr.  Williams,  of  Marengo : 
To  provide  for  jury  trials  in  certain  cases. 
The   ordinance   was    referred    to   the    Committee  on 
Judiciary. 

Ordinance  150,  by  Mr.  Parker,  of  Cullman : 
An  ordinance  to  amend  Article  2  of  the  Constitution 
by  adding  Section  3  thereto,    requiring    a    two-thirds 
Yote  to  remove  a  county  site. 


120  Journal  of  Alabama 

The  ordinance  was  referied  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  151,  by  Mr.  Pearee: 

To  amend  Section  1  of  Article  XI  of  the  present 
Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  152,  by  Mr.  Pettus: 

To  disfranchise  negroes  and  persons  of  African  de- 
scent in  tlie  State  of  Ahibama. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  153,  by  Mr.  Pillans : 

To  amend  Article  VI  of  the  Constitution  of  Ala- 
bama.    Relates  to  the  Judicial  establishment. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  151,  by  Mr.  Pillans : 

An  ordinance  to  amend  Article  V  of  Section  12  of 
the  Constitution  of  the  State  of  Alabama,  which  relates, 
to  pardons. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  No.  155,  by  Mr.  Keese,  of  Dallas: 

An  ordinance  to  provide  for  the  election  of  officers 
discharging  the  duties  of  Railroad  Commissioners  and 
Convict  Inspectors. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  156,  by  Mr.  Reese: 

To  constitute  a  part  of  Article  V  of  the  Constitution, 
(Executive  Department.   ) 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  157,  by  Mr.  Watts: 

To  amen<l  Sections  1  and  2,  and  make  a  new  section 
3  for  Article  VI. 

The  ordinance  Avas  referred  to  the  Committee  on 
Judiciary. 

Ordinance  158,  by  Mr.   Watts: 

To  amend  Sections  i2,  13,  15,  25  and  26  of  Ai'ticle  V. 


Constitutional  Convention.  121 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  159,  by  Mr.  Watts: 

To  amend  Sections  13,  15,  17,  27,  31,  39,  52  and  56, 
of  Article  IV,  and  to  add  a  section  to  said  article. 

The  ordinance  was  referred  to  the  Committee  on 
I.ej^islative  Department. 

Ordinance  100,  by  ^Ir.  Robinson,  of  Chambers: 

To  amend  Section  32,  Article  IV,  of  the  Constitution, 
pertainin^u;'  to  the  Legislative  Department. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  Kil,  by  ]Mr.  Robinson,  of  Chambers: 

To  amend  Section  6  of  Article  XIII  of  the  Consti- 
tuti(m,  relating  to  Education. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  162,  by  Mr.  W.  H.  Samford : 

To  provide  for  the  distribution  of  school  funds. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

RESOLUTIONS. 

The  following  resolution  was  introduced,  and  read 
one  time  at  length : 

Resolution  61,  by  Mr.  Jackson : 

Resolved,  That  the  respective  committees  in  charge 
of  the  different  subjects  to  be  dealt  with  by  this  Con- 
vention be  instructed  to  adhere  to,  and  this  Convention 
pledges  itself  to  the  following  purposes: 

First — That  suffrage  shall  be  so  regulated  as  not  to 
conflict  with  the  Constitution  of  the  United  States. 

Second — That  the  rate  of  taxation  by  State,  counties 
and  municipalities  shall  not  exceed  the  limit  fixed  by 
the  present  Constitution  of  the  State. 

Third — That  the  qualifications  for  suffrage  shall  be 
so  framed  as  not  to  deprive  any  white  man  of  the  right 
to  vote,  except  for  conviction  of  infamous  crime. 

Fourth — That  the  provisions  of  the  present  Consti- 
tutions relating  to  exemptions  of  real  and  personal 
property  shall  remain  unchanged. 


122  JouRXAL  OF  Alabama 

Fifth — That  the  State  Capitol  shall  remain  at  Mont- 
gomery, and  that  no  power  or  authority  be  granted  by 
this  T'onstitiition  or  any  Legislature  to  provide  for  its 
removal. 

Sixth — That  the  rights  and  privileges  conferred  by 
the  present  Constitution  upon  corporations  shall  not 
be  enlarged. 

Mr,  Jackson  moved  that  the  rules  be  suspended,  and 
that  the  resolution  be  adopted. 

The  motion  was  lost. 
Eesolution  (M : 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

The  following  resolutions  were  introduced,  read  one 
time  at  length,  and  referred  to  appropriate  committees, 
4is  follows : 

Resolution  62,  by  Mr.  Jenkins : 

Refers  to  State  Colleges  and  Institutions. 

Resolved,  That  a  committee  be  raised,  to  consist  of 
fifteen  membej-s,  to  he  appointed  by  the  President,  to 
take  into  consideration  all  matters  pertaining  to  the 
University  of  Alabama,  the  Girls'  Industrial  School  for 
white  girls,  the  Alabama  Polytechnic  Institute,  and 
other  State  Colleges  and  Institutions  of  learning.  Said 
committee  to  be  styled  and  called  the  Committee  on 
State  Colleges  and  Institutions. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  (53,  by  Mr.  Jones,  of  Bibb: 

Refers  to  representation. 

First — Be  it  resolved  that  representation  in  the 
lower  house  of  the  General  Assembly  of  this  State  shall 
be  based  on  the  entire  population  of  Alabama,  and  that 
no  county  have  less  than  one  representative,  to  be  elected 
by  the  legal  voters  of  this  State  every  four  years. 

Second — That  the  Senate  of  Alabama  shall  be  com- 
posed of  a  member  from  each  county,  to  be  elected  every 
four  years,  by  the  qualified  electors  of  this  State. 

The  resolution  Avas  referred  to .  the  Committee  on 
Representation. 

Resolution  04,  by  Mr.  Jones,  of  Bibb : 


Constitutional  Convention.  123 

Relates  to  Suffrage. 

Be  it  resolved,  that  uo  maii  of  foreign  birtli  l)e  en- 
titled to  the  rights  of  suft'rage  in  the  State  of  Alabama, 
until  he  has  become  a  bona  fide  citizen  of  the  United 
States  under  the  provisions  of  the  revised  statutes  of 
the  United  States. 

The  resolution  was  referred  to  the  Committee  on 
Suft'rage  and  Elections. 

Kesolutiou  (t5,  bv  Mr.  Jones,  of  Montgomery: 

Kesolved,  that  a  special  committee  of  nine  be  raised 
to  take  into  consideration  and  repiu't  whether  any,  and 
so,  what,  class  of  public  officers  be  allowed  to  use  free 
passes,  and  under  what  circumstances;  and  whether 
.any,  and  if  so,  what  classes,  of  public  officers  should  be 
permitted  the  l)enetit  of  special  rates ;  and  if  so,  to  what 
extent;  and  what  alteration  or  amendment  is  advisable 
in  the  scope  of  the  present  provisions  of  the  Constitu- 
tion on  the  subject,  or  tlie  mode  of  their  euforcement. 

The  resolution  was  referred  to  the  Committee  on 
Eules. 

Resolution  GG,  by  Mr.  Jones,  of  Montgomery: 

Resolved,  That  provision  should  be  made  in  the  Arti- 
cle on  the  Executive  Department,  constituting  a  Board 
of  Arbitration  for  the  arbitration  and  settlement  of  dis- 
putes between  employers  and  employes. 

The  resolution  was  referred  to  the  Committee  on 
Executive  Department. 

Resolution  GT,  by  Mr.  Jones,  of  Montgomery: 

First — That  the  fundamental  principles  of  justice 
and  free  government  are  violated,  when  the  benefits  the 
citizen  derives  from  money  raised  by  taxation,  are  as- 
certained and  measured  according  to  the  poverty  or 
riches  of  the  class  or  race  to  which  he  belongs,  or  the 
proportionate  amount  of  taxes  paid  by  such  race  or 
class. 

Second — That  it  is  not  within  the  power  of  the  State, 
under  the  Constitution  of  the  United  States,  to  raise 
money  by  taxation  for  school  purposes,  and  provide 
that  the  children  of  any  race  or  class  shall  receive  the 
benefit  only  of  th^  amount  of  money  derived  from  the 


124  Journal  of  Alabama 

taxes  on  the  property  of  the  race  or  class  to  which  they 
belong. 

The  resolution  was  referred  to  the  Committee  on 
Judiciary. 

Kesohition  68,  by  Mr.  Kirkland : 

Be  it  resohed  by  the  people  of  the  State  of  Alabama, 
in  Conyention  assembled : 

That  the  Greneral  Assembh'  of  Alabama  shall  haye  the 
power  and  it  shall  be  their  duty,  to  pass  such  laws,  the 
yiolation  of  which  shall  be  punished  by  imprisonment 
in  the  penitentiary,  as  shall  effectually  preyent  the 
business  or  profession  of  lobbying  with  the  members 
thereof  for  any  purpose. 

The  resolution  was  referred  to  the  Committee  on 
Legislatiye  Department. 

Resolution  69,  by  Mr.  Sanders : 

A  resolution  as  to  the  sense  of  this  Conyention  touch- 
ing Suffrage  Reform  in  Alabama. 

Resolyed,  First — That  it  is  the  sense  of  this  Conyen- 
tion that  the  sutfrage  reform  demanded  by  the  condi- 
tions prevailing  in  Alabama,  and  promised  to  the  peo- 
ple of  this  State  by  this  Conyention,  can  be  best  accom- 
plished in  the  recognition  of  the  principles  inyolyed  in 
the  exception  clause,  in  the  sutfrage  provisions  of  the 
Constitutions  of  the  States  of  Louisiana  and  North 
Carolina. 

Second — That  in  justice  to  the  white  race  of  the  State, 
and  in  order  to  avoid  the  paralysis  which  would  result 
in  withdrawing  from  the  youths  of  Alabama  all  stimu- 
lus to  qualify  themselves  for  the  discharge  of  the  privi- 
leges, duties  and  obligations  of  an  elector,  some  limit 
should  be  fixed,  at  the  expiration  of  which  all  white- 
males  in  this  State,  thereafter  to  arrive  at  the  voting 
age,  shall  possess  the  general  qualifications  which  may 
be  prescribed  by  this  Convention  for  the  exercise  of  the 
elective  franchise. 

The  resolution  was  referred  to  the  Committee  on* 
Suffrage  and  Elections. 

Resolution  70,  by  Mr.  ]\ralone : 

Fixing  the  time  for  holding  the  general  elections.. 


Constitutional  Convention.  125 

Be  it  resolved  that  the  (Jeiieral  Election  shall  be  held 
on  the  first  Tuesdaj^  in  November  of  the  even  numbered 
years,  unless  the  General  Assembly  shall  change  the 
time  of  holding  elections. 

The  resolution  was  referred  to  the  Committee  on 
Srtl'rage  and  Elections. 

Kesolution  71,  by  Mr.  O'Neal,  of  Lauderdale: 

To  adopt  the  present  Constitution  of  the  State  of 
Alabama,  l)y  this  Convention,  subject  to  such  revisions 
and  amendments  in  any  article,  section,  or  part  thereof, 
as  this  Convention  may  hereafter  determine. 

That  whereas  the  act  of  the  (leneral  Assembly  of  Ala- 
bama, which  provides  for  the  holding  of  this  Convention, 
declares  that  this  Convention  shall  continue  in  session 
until  it  shall  by  careful  revisions  and  amendments  of 
the  present  Constitution  frame  and  adopt  a  revised 
Constitution  for  this  State. 

Therefore,  be  it  resolved.  That  the  present  Constitu- 
tion of  the  State  of  Alabama  be  and  the  same  is  hereby 
adopted  by  this  Convention  as  the  Constitution  of  the 
State  of  Alabama,  subject  only  to  be  revised,  amended 
or  altered  in  any  article,  section,  clause  or  part  thereof. 

The  resolution  was  referred  to  the  Committee  on 
Rules.  i    I  i 

Resolution  72,  by  Mr.  Browne: 

Be  it  resolved.  That  upon  the  request  of  the  chairman 
of  any  committee  having  no  clerk,  the  chairman  of  any 
committee  having  a  clerk  may  direct  the  clerk  of  his 
committee  to  serve  such  first  named  committee,  when 
not  engaged  with  the  committee  to  which  he  has  been 
assigned. 
Resolution  72 : 

Mr.  Browne  moved  that  the  rules  be  suspended  and 
that  the  resolution  be  adopted.. 

The  motion  prevailed,  and  the  resolution  was 
adopted. 

Resolution  73,  by  Mr.  Williams,  of  Marengo : 

Be  it  resolved  that  when  this  Convention  adjourn  on 
next  Friday,  such  adjournment  shall  be  to  Monday. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 


126  Journal  of  Alabama 

Resolution  74,  bv  Mr.  Parker,  of  Cullman: 

To  provide  for  a  clerk  of  the  Coniniittee  on  Local 
Legislation. 

Resolved,  That  the  chairman  of  the  Committee  on 
Local  Legislation  be  authorized  to  employ  a  clerk  for 
said  Couuuittee,  said  clerk  to  receive  the  same  fees  as 
clerks  of  other  committees  of  this  Convention. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  75,  by  Mv.  Parker,  of  Elmore: 

Whereas,  the  General  Assembly  passed  an  act,  ap- 
proved March  4th,  1901,  entitled  "An  Act  to  Provide 
for  the  Annexation  of  West  Florida  to  the  State  of  Ala- 
bama," with  the  consent  of  the  State  of  Florida  and 
the  Congress  of  the  United  States;  and  whereas,  the 
Governor  of  Alabama  has,  in  pursuance  of  said  act,  ap- 
pointed as  commissioners  on  the  part  of  Alabama  Hons. 
William  L.  Martin,  Richard  C.  Jones  and  Samuel 
Blackwell,  to  confer  with  a  like  rommivssion  on  the  part 
of  the  State  of  Florida,  which  commission  is  empowered 
to  do  and  perform  all  acts  necessary  and  requisite  to 
perfect  an  agreement  for  the  cession  of  said  territory 
to  the  State  of  Alabama,  to  be  ratified  and  confirmed  by 
the  Legislature  of  Alabama,  and  approved  by  the  Gov- 
ernor; 

Now,  therefore,  be  it  resolved,  that  this  Convention 
hereby  ratifies  and  endorses  the  purposes  of  said  act, 
and  the  api)ointment  of  said  commission; 

Resolved  further,  that  we  approve  of  the  annexation 
of  the  territory  desci'ibed  in  said  act,  to  the  State  of 
Alabama  in  the  manner  set  forth  therein; 

Resolved  further,  that  we  commend  the  distinguished 
commission  on  the  part  of  Alabama  to  painstaking  and 
patriotic  etfort  in  consuuimating  liberal  terms  for  the 
cession  of  said  territory,  and  recommend  such  other 
action  bv  the  Legislature  of  Alabama,  and  the  Congress 
of  the  United  States  as  may  be  necessary. 

The  resolution  was  referred  to  the  Committee  on-. 
State  and  County  Boundaries. 

Resolution  76,  bv  Mr.  Proctor: 


CoNSTITUTIOxXAL   CONVENTION.  127 

Kesolved,  That  the  reading'  each  day  of  the  Journal 
of  this  Convention  be  dispensed  with  unless  the  same  is 
demanded  by  the  Convention. 

The  resolution  was  referred  to  the  Committee  on 
Kules. 

Eesolution  77,  by  Mr.  Proctor: 

Resolved,  That  the  Committee  on  the  Journal  shall 
be  entitled  to  a  clerk,  to  be  appointed  by  the  chairman, 
who  shall  receive  the  same  per  diem  as  clerks  of  the 
other  committees. 

Resolved  further,  that  said  clerk  shall,  when  not  en- 
gaged with  said  committee,  serve  any  other  committee 
that  may  need  a  clerk,  or  serve  the  Secretary  of  this 
Convention  when  so  required  by  him. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  78,  by  Mr.  Reese : 

To  reform  judicial  administration  of  the  Justice  of 
the  Peace  system. 

Resolved,  That  the  Committee  on  Judiciary  Depart- 
ment be  and  are  hereby  instructed  to  investigate  and 
report  to  this  Convention  what  Constitutional  provis- 
ions are  necessary  or  expedient  for  the  reform  in  judicial 
administration  by  the  Justice  of  the  Peace  system,  and 
whetlier  the  same  should  be  abolished,  or  modified. 

The  resolution  was  referred  to  the  Committee  on 
Judiciary. 

Resolution  79,  by  Mr.  Reese : 

Resolved,  That  the  Committee  on  Judicial  Depart- 
ment are  hereby  instructed  to  embody  in  its  report  a 
provision  fixing  the  salaries  of  Justices  of  the  Supreme 
Court  at  such  sum  (not  less  than  |5,000  per  annum) 
as  will  enable  the  St^te  to  obtain  its  best  legal  talent 
for  this  important  tribunal. 

The  resolution  was  referred  to  the  Committee  on 
Judiciary. 

Resolution  80,  by  Mr.  Reese: 

Resolved,  That  Rule  27  be  and  is  hereby  amended  as 
follows:  B}^  adding  at  the  end  thereof  the  following 
words : 


128  Journal  of  Alabama 

"Provided,  That  anv  vote  takeu  on  the  last  day  of  the 
session  of  this  Convention  may  be  reconsidered  on  the 
same  day." 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  81,  by  Mr.  Rogers,  of  Sumter: 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
any  further  reference  by  "resolution"  to  the  ante-elec- 
tion pledge  of  the  "Democratic  Platform"  is  not  only 
unnecessary,  but  is  bad  taste.  The  people  of  Alabama 
expect,  as  a  matter  of  course,  that  the  Democratic  party 
will  now,  as  heretofore,  keep  its  promises  to  them, 

Mr.  Rogers,  of  Sumter,  moved  that  the  rules  be  sus- 
pended and  that  the  resolution  be  adopted. 

Mr.  Reese  moved  that  the  resolution  be  referred  to 
the  Committee  on  Rules. 

Mr.  Rogers,  of  Sumter,  moved  to  table  the  motion  of 
Mr.  Reese,  and  the  motion  to  table  prevailed. 

Mr.  Reese  moved  to  indefinitely  postpone  the  further 
consideration    of   the   resolution   81. 

Resolution  81 : 

Mr.  Rogers,  of  Sumter,  moved  to  table  the  motion 
of  Mr.  Reese  to  indefinitely  postpone,  and  the  motion 
prevailed. 

The  question  recurred  upon  the  motion  to  suspend 
the  rules  and  adopt  the  resolution. 

Resolution  81. 

The  motion  prevailed  and  the  rules  were  suspended 
and  the  resolution  adopted. 

Resolution  82,  by  Mr.  Gates: 

Resolved,  That  the  present  Constitution  shall  be  the 
basis  for  action  by  this  Convention,  and  all  of  its  pro- 
visions which  are  not  abrogated  by  repeal  nor  amended 
shall  be  and  remain  parts  of  the  new  Constitution. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

ADJOURNMENT. 

The  hour  of  1  o'clock  p.  m.  having  arrived,  under  the 
rules  the  Convention  stood  adjourned  until  10  o'clock 
to-morrow   morning. 


'Constitutional  Convention.  129 

NINTH  DAY. 

Convention  Hall^ 

Montgoiiieiy,  Ala.,  Friday,  May  31,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Praj^er  was  offered  by  liev.   Neal  Anderson   of  the 
city. 

ROLL  CALL. 

Mr.  deGraffenried  asked  unanimous  consent  to  have 
the  roll  call,  from  this  day  forward,  dispensed  with. 

An  objection  was  interposed. 

Mr.  de  Graffenried  moved  that  the  rules  be  suspended 
and  that  in  future  the  roll  call  be  dispensed  with. 

Mr.  Bulger  arose  to  debate  the  question. 

Mr.  Willett  raised  the  point  of  order  that  the  question 
was  not  debatable. 

The  point  of  order  was  sustained. 

■Mr.  Beddow  moved  to  table  the  motion  of  Mr.  deGraf- 
fenried to  suspend  the  rules. 

The  motion  was  ruled  out  of  order. 

The  question  recurred  upon  the  motion  of  Mr.  deGraf- 
fenried to  suspend  the  rules. 

The  motion  was  lost. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum : 

Messrs.  President,  Blackwell, 

-Almon,  Boone, 

Altman,  Brooks, 

Ashcraft,  Browne, 

Banks,  Bulger, 

Barefield,  Burns, 

Beavers,  Byars, 

Beddow,  Cardon, 

IBethune,  Carmichael  (Colhert), 
9 


130 


Journal  of  Alabama 


Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Dent, 

cleGraffenriecl, 

Duke, 

Eley, 

Evster, 

Espy, 

Ferguson,^ 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 


Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox),. 

King, 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Long  (Butler), 

Long  (Walker), 

Lowe  ( Lawrence) , 

Macdonald, 

McMillan  (Baldwin),. 

McMillan  (Wilcox), 

^lalone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale),. 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  ( Cullman ) , 

Pearce, 

Pettus, 

Phillips,. 


Constitutional  Convention. 


131 


Pillans, 

Porter, 

Proctor, 

Reese, 

Ee^molds  (Chilton), 

Robinson, 

Rogers  ( Lowndes ) , 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  ^Morgan  M., 

Sollie, 

Sorrell, 

Spears, 


Spragins, 

Stewart, 

Stiiddard, 

Tayloe, 

Yaiighan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

^A'eatherlv, 

White, 

Whiteside, 

Wlllett, 

Williams  (Barbour), 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington) 

Winn— 139. 


REPORT  OF   THE  COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

Report  of  the  Committee  on  the  Journal : 

The  Committee  on  the  Journal  beg  leave  to  report  that 
they  have  examined  the  Journal  for  the  eighth  day  of 
the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor.  Chairman^ 

The  report  was  concurred  in. 

On  motion  of  Mr.  Boone,  the  reading  of  the  Journal 
w^as  dispensed  with,  and  the  same  was  approved. 

LEAVE  op  absence 

Was  granted  to  Messrs.  Kirkland  for  to-day  and  to- 
morrow ;  Searcy,  for  to-day  and  to-morrow ;  Kyle,  for  to- 
morrow ;  Porter,  for  to-day  and  Monday ;  Miller,  of  Ma- 
rengo, for  to-day,  Monday  and  Tuesday;  Jackson,  for 
this  afternoon;  Reynolds,  of  Henry,  for  to-day  and  to- 


132  JoLRXAL  OF  Alabama 

moriow;  Gilniore,  for  to-day  and  to-morrow;  McMillan, 
of  Baldwin,  for  Monday;  Freeman,  for  Monday;  Cobb, 
for  Monday;  Stewart,  for  Monday;  Maxwell,  for  Mon- 
day; Williams,  of  Mareui>Oj  for  ^Monday;  Greer,  of  Cal- 
houn, indefinitely;  Lowe,  of  Lawrenee,  for  Monday;  Mul- 
key,  for  Monday  and  Tuesday;  Jones,  of  Montgomerj', 
for  to-day ;  Greer,  of  Perry,  for  Monday ;  Grant,  for  Mon- 
day, Tuesday  and  Wednesday;  Inge,  for  Monday  and 
Tuesday,  until  12  m. ;  Williams,  of  Elmore,  for  Monday, 

ADJOURNMENT. 

Mr.  Browne  moyed  that  when  the  Conyention  adjourn 
to-day  that  it  adjourn  to  meet  Monday  at  12  m. 
The  motion  j)reyailed. 

RECONSIDERATION. 

Mr.  Grayson  moyed  that  the  yote  by  which  the  motion 
of  Mr.  Browne,  fixing  the  time  of  adjournment  for  to- 
day, be  reconsidered. 

Mr.  Wlllett  raised  the  point  of  order  that  the  motion 
of  Mr.  Grayson  was  out  of  order,  in  that  a  motion  to  ad- 
journ could  not  be  reconsidered. 

The  point  of  order  was  sustained. 

REPORT   OF   THE   COMMITTEE   ON   RULES. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Commit- 
tee on  Rules,  submitted  the  following  report : 

The  Committee  on  Rules  begs  to  report  to  the  Conven- 
tion that  it  has  had  under  consideration  the  resolutions 
hereinafter  mentioned,  and  reports  thereon  as  follows: 

The  committee  reports  favorably  upon  resolution 
number  41,  introduced  by  Mr.  Altman,  of  Sumter,  and 
recommends  its  adoption  by  the  Convention. 

Said  resolution  reads  as  follows : 

Be  it  resolved,  That  three  hundred  copies  of  the  Bill 
of  Rights  and  Constitution  be  printed  and  distributed 
among  the  members  of  the  Convention  and  committees. 

The  committee  reports  favorably  to  resolution  num- 
ber 34,  introduced  by  Mr.  Reese,  of  Dallas,  and  recom- 


Constitutional  Convention.  133 

mends  its  adoption  by  the  Convention,  wliicli  resolution 
reads  as  follows: 

Kesolved,  That  for  the  purpose  of  easy  reference,  the 
Kules  Committee,  or  such  other  committee  as  shall  have 
supervision  of  the  printing  of  the  records  of  the  proceed- 
ings, sliall  cause  the  pages  constituting  such  record,  to 
be  numbered  consecutively  in  the  same  numuer  as  now 
practiced  in  the  Congressional  Kecord  of  the  Congress. 

The  committee  reports  favorably  to  resolution  num- 
ber 71,  introduced  by  Mr.  O'Neal,  of  Lauderdale,  and 
recommends  its  adoption  b}"  the  Convention,  which  reso- 
lution reads  as  follows : 

A  resolution  to  adopt  the  present  Constitution  of  the 
State  of  Alabanui  by  this  (Convention,  su])ject  to  such 
revision  and  amendments  in  any  article,  section  or  part 
thereof  as  this  Convention  may  hereafter  determine. 

That  whereas  the  act  of  the  Ceneral  A'ssembly  of  Ala- 
bama, which  provides  for  the  holding  of  this  Convention^ 
declares  that  this  Convention  shall  continue  in  session 
until  it  shall,  l\y  careful  revision  and  amendments  of  the 
present  Constitution,  frame  and  adopt  a  revised  Consti- 
tution for  this  State. 

Therefore,  lie  it  resolved,  That  tlie  present  Constitu- 
tion of  the^ State  of  Alabama  be  and  the  same  is  hereby 
adopted  by  this  Convention  as  the  Constitution  of  the 
State  of  Alabama,  subject  only  to  be  revised,  amended 
or  altered,  in  anv  article,  section,  (dause  or  part  there- 
of. 

The  committee  reports  adversely  to  resolution  number 
82,  introduced  by  Mr,  Oates,  of  Montgomery,  and  recom- 
mends that  it  be  not  adopted  by  the  Convention,  because 
the  operation  of  the  resolution  of  ]Mr.  Oates  is  i-dentical 
with  the  operation  of  resolution  number  71,  by  Mr. 
O'Neal,  of  Lauderdale,  hereinabove  reported  favorably, 
and  the  committee  reports  adA'ersely  to  this  resolution 
only  for  the  reason  that  its  sul)ject  nuitter  is  fully  cov- 
ered by  the  resolution  of  ^Ir.  O'Neal.  Said  resolution 
nund)er  82,  introduced  by  Mr.  Oates,  reads  as  follows : 

Resolved,  That  the  present  Constitution  shall  be  the 
1  nsis  for  action  by  this  Convention,  and  all  its  provisions 
which  are  not  abrogated  by  repeal  nor  amended  shall  be 
and  remain  parts  of  the  new  Constitution. 


134  Journal  of  Alabama 

The  committee  reports  favorabl}'  to  resolution  num- 
bf^r  7G,  introduced  by  Mr.  Proctor  of  Jackson,  and  recom- 
mends its  adoption  by  the  Convention.  Said  resolution 
reads  as  follows: 

Kesolved,  That  the  readinj*-  each  day  of  the  Journal  of 
this  Convention  be  dispensed  with,  unless  the  same  is 
demanded  by  the  Convention. 

The  committee  reports  favorably-  to  resolution  number 
80,  introduced  bv  Mr.  lieese,  of  Dallas,  and  recommends 
its  adoption  by  the  Convention.  Said  resolution  reads 
as  follows : 

Eesolved,  Tlmt  rule  27  be  and  is  hereby  amended  as 
follows:  By  adding  at  the  end  thereof  the  following- 
words  : 

"Provided,  That  any  vote  taken  on  the  last  day  of  the 
session  of  this  Convention  may  be  reconsidered  on  same 
day." 

The  committee  reports  adversely  to  resolution  num- 
ber 50,  introduced  by  Mr.  Henderson,  of  Pike,  and  recom- 
mends that  it  be  not  adopted  by  the  Convention,  for  the 
reason  that  resolution  Xo.  41,  introduced  by  Mr.  Altman, 
of  Sumter,  covers  the  same  matter,  and  has  been  favor- 
ably reported. 

Said  resolution  reads  as  follows: 

licsolved.  That  five  hundred  copies  of  the  present  Con- 
stitution be  printed  for  the  use  of  members  of  this  Con- 
vention. 

The  said  resolutions  hereinabove  referred  to  are  here- 
with returned  to  the  Convention. 

iNfr.  Wilson,  of  Clarke,  offered  as  a  substitute  for  reso- 
lution 71,  reported  favorably  in  the  above  and  foregoing- 
report  of  the  Committee  on  liules,  the  following: 

Resolved  by  the  Convention,  That  each  committee  re- 
port to  the  Convention  the  article  or  sections  of  the  pres- 
ent Constitution,  whicli  it  is  appropriate  for  said  com- 
mittee to  consider,  and  as  to  which  no  amendment  has 
been  j)r()i)osed,  and  wliich,  in  tlie  judgment  of  the  com- 
mittee having  charge  of  the  article  or  sections,  should  not 
be  amended. 

]\rr.  CarmiclKiel,  of  Colbei-t,  offered  an  aiiu^ulment  to 
the  substitute^  offered  by  Mr.  Wilson,  of  Chirke,  as  fol- 
lows : 


Constitutional  Convention.  135 

Eesolved,  That  the  Committee  on  Order  and  Harmony 
•-of  the  Constitution  be  directed  to  report  back  to  the  Con- 
vention ^^'hen  the}'  make  tinal  report,  such  parts  of  the 
old  Constitution  as  have  not  been  amended  b}'  proposed 
ordinances,  as  a  part  of  the  proposed  new  Constitution. 

The  substitute  and  amendment,  after  discussion  pro 
and  con  b}^  tlie  various  delegates,  were,  b}^  consent,  with- 
drawn." 

Mr.  Pillans  offered  the  following  substitute  for  resolu- 
tion number  71,  reported  favorably  in  the  above  and 
foregoing  report  of  the  Committee  on  Kules : 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
all  ordinances  hereafter  offered  shall  be  confined  to  the 
statement  of  the  new  matter  offered,  without  the  un- 
necessai\y  repetition  of  the  existing  Constitution. 

The  s-ttbstitute  offered  by  Mr.  Pillans  was  accepted  by 
the  chairman  of  the  Committee  on  Rules. 

"Resolution  71,  by  Mr.  O'Neal,  of  Lauderdale: 

To  adopt  the  present  Constitution  of  the  ir^tate  of  Ala- 
bama by  this  Convention,  subject  to  such  revisions  and 
amendments  in  any  article,  section  or  part  thereof,  as 
this  Convention  may  hereafter  determine. 

That  whereas  the  act  of  the  General  x\ssembly  of  Ala- 
bama, which  provided  for  the  holding  of  this  Convention, 
declares  that  this  Convention  shall  continue  in  session 
nntil  it  shall  by  careful  revisions  and  amendments  of 
the  present  Constitution,  frame  and  adopt  a  revised  Con- 
stitution for  this  State. 

Therefore,  be  it  resolved.  That  the  present  Constitu- 
tion of  the  State  of  Alabama  be  and  the  same  is  hereby 
adopted  by  this  Convention  as  the  Constitution  of  the 
State  of  Alabama,  subject  only  to  be  revised,  amended 
or  altered  in  any  article,  section,  clause  or  part  thereof." 

And  the  substitute  offered  by  Mr.  Pillans  be  recom- 
mitted to  the  Committee  on  Rules. 

Resolution  71 : 

The  motion  prevailed,  and  the  resolution  71  and  sub- 
stitute were  recommitted  to  the  Committee  on  Rules. 

Mr.  O'Neal  moved  that  the  report  of  the  Committee  on 
Tallies,  with  the  exception  of  resolution  71,  be  adopted. 

The  resolution  prevailed,  and  the  report  was  adopted. 


136  Journal  of  Alabama^ 

resolutions. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate- 
committees  as  follows : 

Eesolution  S3,  by  Mr.  Pettus: 

Be  it  resolved,  That  hereafter  all  ordinances  and  reso- 
lutions offered  in  this  Convention  shall  state  briefly  in 
the  title  the  substance  of  such  ordinance  or  resolution, 
and  shall  be  read  by  the  title  only,  and  referred  to  the 
appropriate  committee;  provided,  that  it  shall  be  in; 
order  for  any  delegate  to  call  for  a  full  reading  of  such 
ordinance  or  resolution  within  a  reasonable  time  after 
it  has  been  read  by  the  title. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  84,  by  Mr.  Sanford,  of  Montgomery : 

Resolved,  That  during  the  call  of  the  roll  for  the  in- 
troduction of  resolutions  and  ordinances,  no  discussion' 
upon  any  sul)ject  shall  be  heard  hy  the  Convention,  and 
all  such  discussions  shall  be  considered  out  of  order. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Mr.  Sanford  moved  that  the  rules  be  suspended  and 
that  the  resolution  be^dopted. 

Resolution  84  : 

The  motion  was  lost,  and  the  resolution  was  referred 
to  the  Committee  on  Rules. 

Resolution  85,  by  Mr.  Jones,  of  Wilcox: 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
whenever  an  ordinance  is  introduced  by  a  member  of 
this  Convention  merely  to  add  to,  amend  or  alter  one  or 
more  sections  of  any  article  of  the  present  Constitution, 
that  only  the  section  or  sections  so  added  to,  amended  or 
altered,  be  embraced  in  such  ordinance,  and  that  the 
whole  article  be  not  set  out  in  such  ordinance. 

The  r(\solution  was  referred  to  the  Committee  on 
Rules, 

Resolution  86,  by  Mr.  Long,  of  AV^alker: 

AVhereas,  a  resolution  making  an  appropriation  from 
the  State  Treasury  of  |70  a  day  for  a  stenographic  re- 


Constitutional  Convention.  137 

port  of  the  proceedings  of  the  Constitutional  Convention 
was  passed  by  this  body  without  an  aye  and  nay  vote,  and 

Whereas,  There  are  grave  doubts  as  to  the  legality  of 
such  a  proceeding,  and 

Whereas,  the  stenographic  report  as  published  show 
many  errors ;  therefore,  be  it  resolved 

That  the  President  of  this  Convention  be  and  he  is 
hereby  requested  to  immediately  cancel  the  contract  for 
the  stenographic  report  after  paying  all  the  expenses  by 
the  State  connected  therewith  to  the  date  of  cancellation. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  No.  87,  liy  Mr.  Vaughan : 

Resolved,  That  no  delegate  shall  introduce  a  resolu- 
tion or  ordinance  until  his  name  is  reached  on  the  roll 
call,  except  under  a  suspension  of  the  rules. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  No.  88,  by  Mr.  Reynolds,  of  Chilton : 

Be  it  resolved  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  that  all  county  officers  within  this  State 
shall  be  elected  for  a  term  of  four  years,  and  that  they 
be  ineligible  to  any  office  in  the  county  within  four 
years  after  the  expiration  of  their  term  of  office. 

The  resolution  was  referred  to  the  Committee  on 
Executive  Department. 

Resolution  No.  89,  by  Mr.  Reynolds,  of  Chilton : 

Be  it  resolved  by  the  people  of  Alabama,  in  Conven- 
tion assembled  that  a  stock  law  shall  not  be  passed  for 
any  community  within  this  State  until  such  question 
shall  have  been  submitted,  in  an  election  for  that  jKir- 
pose  alone,  to  the  people  of  that  community,  and  a  ma- 
jority of  the  qualified  voters  shall  have,  at  said  election, 
approved  of  the  passage  of  such  stock  law. 

The  resolution  was  referred  to  the  Committee  on 
Legislative  Department. 

Resolution  No.  90,  by  3Ir.  Reynolds,  of  Chilton : 

Be  it  resolved  by  the  pec^ple  of  Alabama,  in  Conven- 
tion assembled  that  no  person  shall  be  permitted  ta 
marry  within  five  years  after  obtaining  a  divorce. 


138  Journal  of  Alarama 

The  resolution  was  referred  to  the  Committee  on 
Judiciarv. 

Kesolntion  No.  91,  by  Mr.  Weatherly,  of  Jefferson: 

Whereas,  the  General  Assembly  of  Alabama  did  pro- 
vide for  the  holding  of  this  Convention  by  an  act  en- 
titled "An  act  to  provide  for  holding  a  Convention  to 
revise  and  amend  the  Constitution  of  this  State,"  ap- 
proved December  11th,  1900 ;  and,  whereas,  in  and  by 
Sections  15  to  214,  inclusive,  of  said  act,  it  was  proyided 
that  certain  matters  should  and  that  certain  matters 
should  not  be  incoi^porated  in  any  Constitution  which 
this  Conventi(m  might  adopt;  and 

Whereas,  The  question  of  whether  or  not  this  Conven- 
tion should  be  held  was  duly  submitted  to  the  qualified 
electors  of  the  State  under  and  in  accordance  with  said 
act,  by  whom  the  holding  of  this  Convention  was  duly 
approved,  and  this  Convention  has  been  duly  convened 
and  become  organized  in  accordance  with  the  require- 
ments of  said  act ; 

Now,  therefore,  be  it  resolved,  That  the  Judiciary 
Committee  of  this  Convention  be  and  it  is  hereby  in- 
structed to  report  to  this  Convention  at  an  early  day  to 
what  extent,  if  any,  this  Convention  is  bound  by  the  re- 
quirements contained  in  said  Sections  15  to  214^  of  said 
act  considered  as  a  mere  legislative  enactment  independ- 
ently of  the  vote  of  the  qualified  electors  authorizing  the 
holding  of  this  Convention,  and  also  in  connection  with, 
and  as  affected  by  such  vote. 

Note — See  Jameson  on  Constitutional  Conventions. 

Resolution  92,  by  Mr.  Espy : 

Be  it  resolved.  That  the  Committee  on  Rules  fix  a 
time  in  which  ordinances  shall  be  introduced,  and  after 
the  expiration  of  the  time  so  fixed  by  said  committee,  no 
ordinance  sliall  be  introduced  by  any  delegate  for  con- 
sideration by  this  Convention. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  93,  by  ]Mr.  Williams,  of  Elmore: 

Resolution  to  provide  for  a  Committee  on  Pensions  for 
'Confederate  soldiers. 


Constitutional  Convention.  139 

Be  it  resolved,  That  the  chairman  of  the  Rules  Com- 
;mittee  be  authorized  to  appoint  a  committee  of  nine,  of 
whicli  Governor  William  C.  Gates  shall  be  cliairman, 
said  committee  to  be  styled  and  known  as  Pensions  Com- 
mittee for  Confederate  Soldiers. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  94,  by  Mr.  AVilliams,  of  Elmore: 

Resolution  for  the  appointment  of  the  following  stand- 
ing committees : 

Be  it  resolved  that  the  chairman  of  tlie  Rules  Com- 
mittee appoint  three  standing  committees  of  nine  mem- 
bers each ;  to- wit :  A  Committee  on  Federal  Relations,  a 
Committee  on  Agriculture,  Commerce  and  Industry,  and 
a  Committee  on  Temperance. 

Tlie  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  95,  by  Mr.  Wilson,  of  Clarke : 

Resolved,  That  the  Secretary  of  the  Convention  be, 
and  he  is  authorized  to  purchase  such  blank  books,  sta- 
tionery and  other  necessary  supplies  as  may  be  necessary 
for  the  use  of  his  office. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  No.  96,  by  ^Ir.  Wilson,  of  Clarke: 

Resolved,  That  the  clerks  of  the  several  committees 
of  this  Convention  shall,  when  not  engaged  in  attend- 
ance upon  the  meetings  of  their  several  committees,  re- 
main at  some  convenient  place  to  be  designated  by  the 
chairman  of  the  committee  which  said  clerk  serves,  at 
all  reasonable  hours ;  and  such  clerk  shall  perform  such 
clerical  work  as  may  be  required  of  them  by  the  several 
members  of  the  committee  of  which  they  are  clerks. 

The  resolution  was  referred  to  the  Committee  on 
liules. 

Resolution  97,  by  Mr.  Winn : 

A  resolution  relating  to  the  form  of  ordinances  sub- 
mitted. 

Be  it  resolved  by  this  Convention  that  all  ordinances 
shall  relate  to  but  a  single  article  or  subject  matter,  in 


140  Journal  of  Alabama 

order  to  the  reference  of  the  same  to  tlie  appropriate- 
committee. 

Second,  be  it  further  resolved  that  no  ordinance  offend- 
ing tliis  rule  shall  be  received  or  referred. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

ORDINANCES    ON    FIRST    READING. 

The  following  ordinances  were  introduced,  severally 
read  at  length  one  time,  and  referred  to  appropriate 
committees  as  follows: 

Ordinance  163,  by  Mr.  W.  T.  Sanders : 

To  amend  Article  VIII  of  the  Constitution  by  striking 
out  the  whole  thereof,  and  inserting  a  new  article.  Re- 
lates to  Suffrage  and  Elections. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  161,  by  J.  W.  A.  Sanford : 

To  amend  Section  51,  Article  IV  and  to  authorize  the 
State  to  construct  and  own  works  of  internal  improve- 
ment. 

The  ordinance  was  referred  to  the  Committee  on 
L?gislative  Department. 

Ordinance  165,  by  J.  W.  A.  Sanford: 

To  i)rohibit  the  General  Assembly  from  abolishing  the 
military  system  of  education  in  the  University  of  Ala- 
b.  j-'ii,  and  in  the  Alabama  Polytechnic  Institute. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  166,  by  J.  W.  A.  Sanford: 

To  amend  Section  2  of  Article  I  of  the  Constitution 
by  striking  out  the  words  "or  who  shall  have  legally  de- 
clared their  intention  to  become  citizens  of  the  United 
States." 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Or<linance  167,  by  ]Mr.  Selheimer : 

To  amend  Section  20  of  Article  IV  of  the  Constitution 
of  Ala]>ama. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  168,  by  Mr.  Selheimer: 


Constitutional  Convention.  141 

To  ameud  Section  13  of  Article  V  of  the  Coustitution 
of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  169,  by  Mr.  Sentell,  J.  O. : 

To  amend  Section  2  of  Article  X  of  the  present  Con- 
stitution.  (Kelates  to  exemptions.) 

The  ordinance  was  referred  t')  the  Committee  on 
Exemptions. 

Ordinance  170,  b}'  Mr.  J.  1\.  Beavers: 

To  declare  null  and  void  the  act  of  March  5,  1901,  with 
accompanying  memorial,  (lielates  to  count}'  seat  of 
Shelby  count}'.) 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  171,  by  Mr.  M.  M.  Smith : 

To  fix  the  salary  of  Governor. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  172,  by  Mr.  M.  M.  Smith : 

To  amend  Section  7  of  Article  X  of  Constitution  of 
Alabama.     ( Refers  to  Exemptions.) 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

Ordinance  173,  by  Mr.  M.  M.  Smith : 

To  exempt  cotton  manufactories  from  taxation  for  ten 
years. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  171,  by  Mr.  Sollie : 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled ;  that  no  person  shall  be  eligible  to  hold 
any  public  office  or  to  serve  as  a  juror  in  Alabama  who 
does  not  belong  to  the  white  race,  and  who  is  not  de- 
scended exclusively  from  the  white  race,  and  who  is  not 
at  the  time  of  his  election  or  appointment  to  such  office 
and  has  not  been  for  at  least  one  year  immediately  prior 
thereto  a  citizen  of  the  United  States  and  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  175,  by  Mr.  M.  Sollie: 


142  Journal  of  Alabama 

To  amend  iSectiou  38  of  Article  I  of  the  Constitution.. 
(Kelates  to  qualifications  for  suffrage.) 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  176,  bv  Mr,  SoUie: 

To  confer  the  right  of  suffrage  on  certain  people. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  177,  by  Mr.  Kyle: 

To  amend  suffrage  clause  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on. 
Suffrage  and  Elections. 

Ordinance  178,  by  Mr.  Tayloe : 

Regulating  appropriations  by  the  General  Assembly. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  179,  by  Mr.  Tayloe,  of  Perry: 

Kelating  to  the  Committees  in  the  General  Assembly, 
whose  duty  it  is  to  raise  revenues. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  180,  by  Mr.  deGralfenried : 

To  amend  Secton  10  of  Article  VI  of  the  Constitution 
of  the  State  of  Alabama,  relative  to  the  salary  of  judges. 

Tlie  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  181,  by  ]Mr.  Vaughan,  of  Dallas : 

To  amend  Section  27  of  Article  IV  of  the  Constitution 
of  Alabama,  relating  to  the  signing  of  bills  and  joint 
resolutions  by  the  presiding  officer  of  each  house. 

The  ordinance  was  referred  to  the  Committee  on 
Legisla ti ve  Departm ent. 

()rdinaiice  182,  by  :\Ir.  B.  B.  Boone: 

To  add  ail  additional  section  to  the  Declaration  of 
rights. 

The  ordinance  was  referred  to  the  Committee  on 
Preaml)le  and  Declaration  of  Rights. 

Ordinance  183,  by  Mr.  B.  B.  Boone: 

To  regulate  the  organization  and  classification  of 
cities  and  towns:. 


Constitutional  Convention.  143^ 

The   ordimmce   was   referred    to    the    Committee   on 
Muuieipal  Corporations. 
■     Ordinance  lb'4,  hy  Mr.  AValker,  of  Madison: 

To  fix  the  term  of  office  of  the  Chief  Justice  and  Asso- 
ciate Justices  of  the  Supreme  Court. 

The  ordinance  was  referred  to  tlie  Committee  on 
Judiciary. 

Ordinance  185,  by  Mr.  AVallier : 

To  amend  Section  17  of  Article  VI  of  the  Constitution. 
(Keferring  to  vacancies  in  the  offices  of  Judges.) 

Tlie  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  180,  by  Mr.  Weakley : 

To  provide  for  the  organization,  classification  and 
government  of  villages,  towns  and  cities  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  187,  by  Mr.  Weakley,  of  Lauderdale : 

To  permit  municipalities  in  the  State  of  Alabama  hav- 
ing more  than  2,000  inhabitants,  to  establish  municipal 
courts. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  188,  by  Mr.  Weakley,  of  Lauderdale : 

To  limit  the  indebte<lness  of  the  municipal  corpora- 
tions of  the  State. 

The  ordinance  was  referred  to  the  Committee  on' 
Municipal  Corporations. 

Ordinance  189,  by  Mr.  Cornwell  : 

Providing  for  the  levying  and  collecting  of  municipal 
taxes. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  190,  by  Mr.  Cornwell: 

To  amend  Article  11  of  Section  VTI  of  the  Constitu- 
tion of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on-. 
Municipal  Corporations. 

Ordinance  191,  b}^  Mr.  Cornwell : 


144  Journal  of  Alabama 

To  amend,  alter  and  change  Article  II,  Sections  1 
and  2  of  the  Constitution  of  Alabama  of  1875. 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  192,^  by  Mr.  Whiteside : 

To  repeal  Section  38,  of  Article  I  of  the  present  Con- 
stitution. 

The  ordinance  was  referred  to  the  Committee  on 
Sutfrage  and  Elections. 

Ordinance  193,  by  Mr.  Whiteside: 

To  amend  Section  56  of  Article  IV  of  the  Constitu- 
tion. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  194,  by  Mr.  Willett : 

To  require  all  officers  authorized  l)y  this  Constitution 
to  be  elected  by  the  people  of  the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  195,  by  Mr.  Willett : 

To  nuike  the  directors  of  insolvent  corporations  trus- 
tees of  the  assets  of  said  corporation  for  the  benefit  of 
all  the  creditors. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  190,  by  Mr.  Oates: 

To  amend  Section  1  of  Article  XVI  of  the  Constitu- 
tion by  adding  thereto  a  proviso. 

The  ordinance  was  referred  to  the  Committee  on 
Amendments  to  Constitution  and  Miscellaneous  Provis- 
ions. 

Ordinance  197,  by  Mr.  Oates : 

To  amend  Section  6  of  Article  V  of  the  Constitution. 
(Relates  to  the  salary  of  the  Governor.) 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  198,  by  :\rr.  Espy: 

To  authorize  railroad  companies  to  exercise  the  powers 
of  eminent  domain. 

The  ordinance  was  referred  U)  the  Committee  on 
Corporations. 


Constitutional  Convention,  145 

Ordinance  199,  by  Mr.  Espy: 

To  define  the  powers  of  married  women  to  contract. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  200,  by  Mr.  Espy: 

To  regulate  the  establishing  of  stock  law  districts. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department 

Ordinance  201,  by  Mr.  Williams,  of  Elmore : 

To  prohibit  any  change  in  preamble,  and  Article  I, 
(Declaration  of  Rights)  in  this  Constitution. — Excep- 
tion. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  202,  by  Mr.  Wilson,  of  Clarke : 

To  amend  Section  9  of  Article  VI  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  203,  by  Mr.  Wilson,  of  Washington : 

As  a  substitute  for  Section  7  of  Article  V.  (Relates 
to  Executive  Department.) 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  204,  by  'Sir.  Wilson,  of  Washington  : 

To  amend  Section  25  of  Article  VI.  (Relates  to  Ju- 
diciary. ) 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  205,  by  Mr.  Wilson,  of  Washington: 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  that  all  State  and  county  officers  shall 
be  elected  at  the  same  time  and  places  by  a  direct  vote 
of  the  qualified  electors  of  the  State. 

Vacancies  created  by  death,  resignation,  impeach- 
ment, removal  from  the  State  or  county,  or  other  dis- 
ability, may  be  filled  Iw  appointment. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

10 


146  Journal  of  Alabama 

resolution  86. 

Mr.  Long,  of  AValker,  moved  that  resolution  86^. 
"Whereas,  a  resolution  making  an  appropriation  from 
the  State  Treasury  of  |70  a  day  for  a  stenographic  re- 
port of  the  proceedings  of  the  Constitutional  Conyeu- 
tion,  was  passed  by  this  body  ^yithout  an  aye  and  nay 
vote,  and 

"Whereas,  There  are  grave  doubts  as  to  the  legality 
of  such  a  i)roceeding ;  and 

"Whereas,  the  stenographic  report,  as  published, 
show  manj^  errors;  therefore,  be  it 

Resolved,  That  the  President  of  this  Convention  be 
and  he  is  hereby  requested  to  immediately  cancel  the 
contract  for  the  stenographic  report,  after  paying  all 
the  expenses  by  the  State  connected  therewith  to  the 
date  of  cancellation,'-  be  recalled  from  the  Committee 
on  Rules,  and  that  the  rules  be  suspended  and  the  reso- 
lution adopted. 

The  motion  was  ruled  out  of  order. 

]Mr.  Long,  of  Walker,  gave  notice  that  on  next  Wed- 
nesday he  would  move  to  recall  the  resolution  86  from 
the  Committee  on  Rules. 

STATEMENT   OF    THE   CHAIR. 

The  President  called  the  attention  of  the  Convention 
to  the  decision  he  had  made  in  regard  to  the  motion  of 
]\rr.  Grayson  to  reconsider  the  vote  by  which  the  motion 
to  fix  the  time  to  which  to  adjourn  had  been  adopted. 
The  President  said  : 

"The  Chair,  in  ruling  on  the  point  of  order  made 
against  the  motion  of  the  gentleman  from  Madison, 
ruled  that  it  would  not  be  in  order  to  reconsider  the 
vote  wherel)y  this  Convention  decided  Avhen  it  adjourneil 
it  would  adjourn  to  meet  on  ^Monday.  A  number  of 
authorities  have  been  examined  on  this  question  and 
the  Chair  has  lieen  unable  to  find  any  direct  authority 
on  it  in  any  of  the  l)0()ks  on  ])arliamentary  law  that  have 
been  accessible,  ))ut  in  the  ()])inion  of  the  Chair,  it  would 
be  in  the  j)o\ver  of  this  Convention  after.it  has  decided 


Constitutional  Convention.  147 

and  fixed  the  hour  to  which  to  adjourn,  to  reconsider 
that  action  if  it  sees  tit  to  do  so,  and  tix  another  and 
different  time,  and  the  Chair  will  reverse  its  ruling 
made  this  morning  iind  recognize  the  gentleman  from 
Madison."  ' 

Mr.  Grayson  asked  leave  to  withdraw  his  motion  to 
reconsider,  and  leave  was  granted. 

REPORTS   OF   STANDING   COMMITTEES. 

On  motion  of  Mr.  Gates,  the  call  of  the  standing  com- 
mittees of  the  Convention  was  dispensed  with. 

MEMORIALS. 

The  following  memorial  was  presented  to  the  Conven- 
tion and  read  at  length : 

Keport  made  May,  11)01,  at  Convention  in  Monteval- 
lo,  to  Alabama  Federation  of  Women's  Clubs,  by  Mrs. 
W.  F.  Johnston,  of  Anniston,  chairman  of  Committee 
on  Education.  Unanimously  adopted  by  the  Federa- 
tion. 

liecognizing  the  deplorable  necessit}^  for  education 
among  the  masses  of  the  children  of  the  State,  and  real- 
izing that  this  necessity  can  only  be  met  and  relieved  by 
the  public  schools,  the  Federation  of  Women's  Clubs  of 
Alabama  in  convention  assembled  do  resolve : 

First — That  the  Constitutional  Convention  soon  to 
be  assembled  in  the  city  of  Montgomery,  be  earnestly 
petitioned  to  declare  in  the  organic  law  of  the  State,  that 
no  person  shall  be  eligible  to  office  of  State  or  County 
Superintendent  of  Education  who  is  not  possessed  of  a 
good  moral  character,  and  who  is  not  sufficiently  quali- 
fied to  stand,  the  examination  required  by  law  of  appli- 
cants for  certificates  as  first  grade  teachers  in  the  pub- 
lic schools  of  the  State. 

Second — That  the  said  Constitutional  Convention  be 
petitioned  to  take  such  action  as  may  be  necessary  to 
allow  municipalities,  counties  and  school  districts  with- 
in counties  to  secure  local  taxation  for  public  schools 
within  such  territory. 

Third — That  the  said  Constitutional  Convention  be 
petitioned  for  such  action  as  will  provide  for  and  require 


148  Journal  of  Alabama 

the  erection  and  proper  equipment  of  suitaljle  and  com- 
fortable school  buildin<j;s  in  every  school  district  in  the 
State,  whether  districts  by  special  acts  of  the  General 
Assembly  or  under  the  general  ^^ool  law. 

Fourth — That  the  said  Constitutional  Convention  be 
petitioned  to  take  such  action  as  will  provide  for  the 
maintenance  of  a  public  school  in  each  school  district 
and  neighborhood  in  the  State  for  at  least  five  months 
in  every  3'ear. 

Fifth — That  said  Convention  be  petitioned  to  take 
such  action  as  will  require  every  child  in  the  State  be- 
tween the  ages  of  8  and  10  years  to  attend  upon 
some  school  at  least  three  months  during  each  year. 

Sixth — That  these  resolutions  be  neatly  printed  for 
presentation  to  members  of  the  Constitutional  Conven- 
tion, and  that  the  members  of  the  Women's  Clubs  in 
Montgomery  be  appointed  a  committee  to  present  them. 

On  motion  of  Mr.  Howell,  the  memorial  was  referred 
to  the  Committee  on  Education. 

MEMORIAL  FROM  NEGRO  CITIZENS. 

The  memorial  from  Booker  T.  Washington  and  other 
negro  citizens  was,  on  motion  of  IMr.  Ashcraft,  referred 
to  the  Committee  on  Suffrage  and  Elections,  and  also 
to  the. Committee  on  Education. 

ADJOURNMENT. 

The  hour  of  1  o'clock  p.  m.  having  arrived,  the  Con- 
vention, under  the  resolution  heretofore  adopted,  ad- 
journed until  12  o'clock  Monday. 


TENTH  DAY. 
Convention  Hall. 

Montgomery,  Ala.,  Monday,  June  3,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Provence  of  the  city. 


Constitutional  Convention. 


149 


roll  call.  . 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almon, 

Altman, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Bulger, 

Burnett, 

Burns, 

B3ars, 

Carmichael  (Colbert) 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cofer, 

Coleman  (Greene), 

Coleinan  (Walker), 

Cornwell, 

Craig, 

deClraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitfs, 

Foshee, 

Foster, 

Gilmore, 


Grayson, 

Handley, 

Harrison, 

Heflin  ( Chambers  )j 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Wilcox), 

Mc:Minan  (Baldwin), 

^Lilone, 

:\rartin, 

Merrill, 

bloody, 

^VSm'ith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 


150 


Journal  of  Alabama 


O'Xeill  (Jefieerson), 

Opp, 

O-Rear, 

Palmer, 

Parker  (Elmore), 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Eeese, 

Renfro, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 


Selheimer, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Tayloe, 

Thompson, 

Yauiihan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Wilson  (Clarke), 

Wilson  ( Washington ) 


LEAVE  OF   ABSENCE. 

Leave  of  absence  was  granted  as  follows : 
To  Mesrs.  Cunningham,  for  to-day;  Stewart,  for  to- 
da}';  Dent,  indefinitely;  Winn,  for  to-day  and  to-mor- 
row; Sollie,  for  to-morrow;  Coleman,  of  Walker,  for  to- 
day; O'Neil,  of  Jefferson,  indefinitely;  Glover,  for  to- 
day; Spraggins,  for  to-day;  Willett,  for  to-morrow  and 
Wednesday;  Parker,  of  Cullman,  for  to-day;  Cardon, 
for  to-day;  Davis,  of  Etowah,  for  to-day  and  to-morrow; 
Jenkins,  for  to-morrow  and  Wednesday;  Fletcher,  for 
to-day;  Samford,  for  to-morrow  and  Wednesday;  Proc- 
tor, for  to-day ;  Sloan,  for  to-day ;  Graham,  of  Montgom- 
ery, for  to-day;  Morrisette,  for  to-day;  Sorrell,  for  the 
week. 

OB.TECTION  TO  LEAVE  OF  ABSENCE. 


Mr.  Gates  raised  objection  to  leave  of  absence  being 
granted  any  delegate  indefinitely  unless  the  reason 
therefor  are  stated. 


Constitutional  Convention.  151 

Mr.  Bulger  raised  the  point  of  order  that  the  object- 
ion came  too  late,  as  leave  had  already  been  granted. 
The  point  of  order  was  sustained. 

report  op  the  committee  on  .iournal. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  to  report  that  they 
have  examined  the  Journal  for  the  ninth  day  of  the 
Convention,  and  that  the  same  is  correct. 

Kespectfully  submitted, 

Massey  Wilson,  Acting  Chairman. 

The  report  was  concurred  in. 

The  President  of  the  Convention  stated  that  under  a 
resolution  heretofore  adopted  the  Journal  must  be  ap- 
proved without  being  read,  unless  some  delegate  asked 
that  the  same  be  read. 

resolutions  on  first  reading. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length  and  referred  to  appropriate 
committees,  as  follows: 

Resolution  98,  by  Mr.  Reese: 

Resolved,  That  the  privileges  of  the  floor  of  this  Con- 
vention be  and  the  same  are  hereby  extended  to  His 
Excellency,  the  Hon.  William  J.  Samford,  Governor  of 
Alabama. 

On  motion  of  Mr.  Reese,  the  rules  were  suspended,  and 
the  resolution  unanimously  adopted. 

Resolution  No.  99,  by  ]Mr.  Heflin,  of  Randolph. 

Resolved,  That  the  Committee  on  Executive  Depart- 
ment are  hereby  instructed  to  embody  in  its  report  a 
provision  fixing  the  salary  of  the  Governor  of  this  State 
at  a  sum  not  less  than  five  thousand  dollars  per  annum, 
■said  sum  not  to  be  increased  nor  diminished  during  his 
term  of  office. 

The  resolution  Avas  referred  to  the  Committee  on 
"Executive  Department. 


152  Journal  of  Alabama 

Resolution  Xo.  100,  by  Mr.  Bulger: 

That  whereas,  the  Convention  on  last  Friday  adjourn- 
ed oyer  until  noon  to-day,  thereby  losing  Saturday,  one 
entire  working  day; 

That,  whereas,  a  session  on  one  hour  to-day  is  not 
long  enough  to  dispose  of  the  business  of  the  Conyen- 
tion; 

Therefore,  be  it  resolved,  that  the  rules  of  the  Conven- 
tion as  to  the  hour  of  adjournment  be  suspended  and 
the  CouA-eution  remain  in  session  to-day  until  2  o'clock 
p.  m. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Mr.  Bulger  moved  that  the  rules  be  suspended  -and 
the  resolution  adopted. 

The  motion  was  lost,  and  the  resolution  wes  referred 
to  the  Committee  on  Rules. 

Resolution  No.  101,  by  Mr.  Watts: 

Resolved,  That  whenever  either  of  the  committees 
hereiofore  appointed,  except  the  Committee  on  Rules,, 
on  Journal,  and  procuring  ministers,  is  ready  to  report, 
the  chairman  thereof  shall  hand  the  said  report  to  the 
Secretary  of  this  Convention,  who  shall  cause  the  said 
repovt  to  be  printed  and  a  copy  thereof  placed  upon  the 
desk  of  each  member  of  the  Convention  before  the  said 
re]iort  is  considered. 

•^•econd,  that  when  any  such  report  comes  up  for  con- 
sideration by  the  Convention,  each  section  or  paragraph 
of  said  report  shall  be  considered  separately. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  No.  102,  by  Mr.  Henderson : 

Resolved,  That  hereafter  no  member  of  this  Conven- 
tion shall  yield  his  call  for  the  purpose  of  introducing 
resolutions  and  ordinances  to  any  other  member,  nor 
shall  any  other  meml^er  on  the  call  of  his  name  intro- 
duce resolutions  or  ordinances  in  the  name  of  any  other 
member  where  such  other  member  ansAvered  to  his  name 
on  roll  call  on  any  day's  session  of  this  Convention. 

The  resolution  was  referred  to  the  Committee  on- 
Rules. 


Constitutional  Convention.  153 

ordinances  on  first  reading. 

The  followiDg  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Ordinance  206,  by  Mr.  Pettus : 

To  establish  courts  of  County  Commissioners  in  the 
several  counties  of  the  State,  and  authorize  the  Legis- 
lature to  confer  powers  of  local  legislation  and  admin- 
istration on  the  same. 

The  ordinance  was  referred  to  the  Committee  on 
Local  Legislation. 

Ordinance  207,  by  Mr.  Sollie : 

An  ordinance  adding  Section  29  to  Article  VI  of  the 
Constitution  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  208,  by  Mr.  Jenkins : 

An  ordinance  to  amend  Section  1  of  Article  VIII  of 
the  Constitution,  pertaining  to  suffrage  and  qualifica- 
tions of  voters. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  209,  by  Mr.  White: 

To  regulate  suffrage  and  elections  in  the  State  of  Ala- 
bama. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  210,  by  Mr.  Bethune: 

To  amend  the  preamble  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  211,  by  Mr.  Bethune: 

To  amend  Section  5,  Article  XIII  of  the  Constitu- 
tion.     (Refers  to  Education.) 

The  oi-di nance  was  referred  to  the  Committee  on 
Education. 

Ordinance  212,  by  Mr.  Brooks : 

To  amend  Section  1  of  Article  XI  of  the  Constitu- 
tion, relating  to  the  taxation  of  mortgages. 


154  Journal  of  Alabama 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  213,  bv  Mr.  Browne: 

To  amend  Sections  5  and  7  of  Article  XI  of  the  Con- 
stitution, relating-  to  taxation. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  211,  by  Mr.  Browne: 

Begiilatino-  the  right  to  vote.  (Relates  to  Suffrage 
and  Elections.) 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

PRIVILEGES  OP  THE  FLOOR. 

On  motion  of  Mr.  Long,  of  Walker,  the  privileges  of 
the  floor  were  extended  to  the  Hon.  William  Kichard- 
son,  of  Madison,  and  the  Hon.  Thomas  Taylor  of  Mo- 
bile. 

REPORT   OF   THE   COMMITTEE   ON   RULES. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  submitted  the  following  report : 

The  Committee  on  Rules  have  considered  the  resolu- 
tions hereinafter  mentioned,  and  beg  leave  to  report  in 
regard  thereto  as  follows: 

It  returns  resolution  number  22  without  action,  and 
recommends  that  it  be  referred  to  the  Committee  on 
Education. 

It  reports  as  a  substitute  for  the  resolution  number 
71,  introduced  by  Mr.  O'Neal,  of  Lauderdale,  said  sub- 
stitute offered  by  Mr.  Pillans  of  Mobile,  and  as  a  sub- 
stitute for  resolution  number  85;  introduced  by  IVIr. 
Jones,  of  Wilcox,  the  following,  and  recommends  its 
adoption  by  the  Convention : 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
the  several  standing  committees  appointed  to  deal  with 
and  consider  proposed  amendments,  changes  and  alter- 
ations of  and  additions  to  the  present  Constitution, 
where  no  change  is  recommended  by  the  committee,  or 


Constitutional  Convention.  155 

has  been  made  by  the  Convention  in  any  article  or  pro- 
vision of  the  present  Constitution,  shall  report  said  pro- 
visions of  the  present  Constitution  as  a  part  of  the  new 
Constitution,  to  be  adopted  or  rejected,  as  the  Conven- 
tion may  determine. 

Resolved,  First,  That  ordinances  having  for  their 
only  purpose  the  reenactment  of  articles  or  sections  of 
the  present  Constitution,  shall  state  the  subject  in  the 
caption,  and  state  the  number  of  the  article  and  section 
proposed  to  be  reenacted,  but  the  reenacting  clause 
need  not  set  out  in  extenso  the  article  or  section  to  be 
reenacted. 

Second,  That  ordinances  having  for  their  purpose 
brief  amendments  to  sections  of  the  present  Constitu- 
tion, shall  state  the  subject  in  the  caption,  and  state 
the  number  of  the  article  and  section  to  be  amended, 
but  the  section  amended  need  not  be  set  out  in  extenso 
in  the  ordinance  offered. 

It  reports  as  a  substitute  for  resolution  number  95, 
introduced  by  Mr.  Pettus,  of  Limestone,  the  following, 
and  recommends  its  adoption  by  the  Convention : 

Resolved,  That  the  Secretary,  with  the  approval  of 
the  President  of  the  Convention,  be  and  he  is  authorized 
to  purchase  such  blank  books,  stationery  and  other 
necessary  supplies  as  may  be  necessary  for  the  use  of  his 
office. 

The  committee  returns  herewith  to  the  Convention 
the  resolutions  hereinabove  referred  to. 

On  motion  of  Mr.  Smith,  of  Mobile,  the  report  was 
adopted. 

adjournment. 

The  hour  of  1  p.  ni.  having  arrived,  under  the  rules 
the  Convention  adjourned  until  to-morrow  at  10  o'clock 
.a.  m. 


156 


Journal  of  Alabama 


ELEVENTH  DAY. 


CoxYENTiox  Hall. 

Montgomery,  Ala.,  Tuesday,  June  4,  1901. 

The  Conyention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rey.  Mr.  Browne  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Conyention  the  following- 
delegates  answered  to  their  names,  which  constituted  a 
quorum :  t^ 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beayers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cofer, 

Coleman  (Greene), 


Coleman  (Walker), 

Cornwell, 

Craig, 

Dayis  (DeKalb), 

de(lraff  enried, 

Duke, 

Eley, 

Espy, 

Eyster, 

Ferguson, 

Pitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Grayson, 

Haley, 

Handley, 

Harrison, 

Heflin  (Randolph), 

Hend3rson, 

Hinson, 

Hodges, 

Hood, 


Constitutional  Convention. 


157 


Howell, 

Howze, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kjle, 

Ledbetter, 

].eigli, 

Locklin, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Mi'Millan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Mood}^, 

Murpliree, 

Ne  Smith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 


Pillans, 

Pitts, 

Porter, 

Proct(V', 

Kenfro, 

Iie3'nolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  ( Barbourj , 

Will  iams  ( Marengo ) , 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington) 

Winn. 


158  Journal  of  Alabama 

leave  of  absence. 

Was  j^rauted  to  Messrs.  Graham,  of  Montgomery,  for 
to-day;  Graham,  of  Talladega,  for  yesterday  and  to- 
day; Heflin,  of  Chambers,  for  to-day;  Morrisette  for  to- 
day; Cuuningliam  for  to-day;  Macdonald  for  to-da}'; 
L(jriiax  for  to-day  and  to-morrow. 

COMMITTEE    GRANTED    LEAVE    TO   SIT    DURING   SESSION. 

On  motion  of  Mr.  Coleman,  of  Greene,  the  Committee 
on  Sntfrage  and  Elections  were  granted  leave  to  sit 
during  tlie  session  of  to-morrow. 

REPORT   OF   COMMITTEE   ON    JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  tenth  day 
of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

Tlie  report  of  the  committee  was  concurred  in. 

REPORT  OF  committee  ON  RULES. 

JMr.  .Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  moved  that  the  report  of  the  Rules 
Committee  adopted  on  yesterday,  be  amended  so  as  to 
make  the  name  of  Mr.  Wilson,  of  Clarke,  appear  in- 
stead of  Mr.  Pettus,  of  Limestone,  as  having  introduced 
resolution  number  95. 

The  Committee  on  Rules  also  submitted  the  folh)wing 
report : 

The  Committee  on  Rules  reports  that  it  has  had  under 
considei-ation  resolution  No.  77,  by  Mr.  Proctor,  which 
reads  as  follows : 

"Resolved,  That  the  Committee  on  the  Journal  shall 
be  entitled  to  a  clerk,  to  be  a])i)ointed  by  the  chairman 


Constitutional  Convention.  159 

who  shall  receive  the  same  per  diem  as  clerks  of  the 
other  committees.     Kesolved  further, 

That  said  clerk  shall,  when  not  engaged  with  said 
committee,  serve  any  other  committee  that  may  need  a 
clerk,  or  serve  the  Secretary  of  this  Convention  when 
so  required  b}'  him." 

And  reports  favorably  upon  said  resolution,  and  rec- 
ommends its  adoption  by  the  Convention. 

On  motion  of  Mr.  Praetor,  the  report  was  concurred 
in,  and  the  resolution  was  adopted. 

RESOLUTIONS  ON  FIRST  READING. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  lengtli  and  referred  to  apj^ropriate 
committees,  as  follows : 

Resolution  103,  by  ]\[r.  Case : 

Whereas,  it  is  truthfully  said :  ''If  we  would  see  the 
foundation  laid  broadly  and  deeply  on  which  the  fabric 
of  this  country's  liberties  shall  rest,  to  the  remotest 
generation,  if  we  would  see  her  carry  forward  the  work 
of  political  reformation,  and  rise  the  bright  and  morn- 
ing star  of  freedom  over  a  benighted  world,  let  us  ele- 
vate the  intellectual  and  moral  character  of  every  class 
of  our  citizens;  and,  most  especially,  let  imbue  them 
thoroughly  with  the  principles  of  the  gospel  of  Jesus 
Christ,'  l»ut  how  shall  we  accomplish  such  reformation 
for  the  negro  if  we  afford  him  no  opportunity  scarcely 
for  literary  culture,  thus  depriving  him  of  chances  for 
an  education,  as  it  were,  to  in  a  great  extent?  Such  will 
not  only  discourage  him,  but,  like  an  enemy,  will  turn 
to  injure  the  white  man,  because  all  observation  has 
clearly  demonstrated  the  more  any  men  are  enlightened, 
to  comprehend  virtue,  the  less  likely  they  are  to  per- 
petuate crime,  and  the  better  citizens  they  make. 

And,  whereas,  several  ordinances  have  been  intro- 
duced in  this  Convention,  providing  for  an  unequal  dis- 
tribution of  the  public  school  funds  of  this  State  be- 
tween the  white  students  and  those  of  the  colored  chil- 
dren, and  being  of  the  opinion  such  ordinances  are  con- 
trary to  the  spirit  of  the  Federal  Constitution,  taking 


160  Journal  of  Alabama 

into  consideration  language  of  the  Fourteenth  Amend- 
ment to  the  same,  as  follows:  No  State  shall  make  or 
enforce  any  law  which  shall  deny  to  any  person  with- 
in its  jurisdiction  the  equal  protection  of.  the  laws. 
Therefore,  be  it  resolved,  that  the  Judiciary  Committee 
is  hereby  respectfully  requested  at  its  earliest  conven- 
ience, to  bring  in  a  report  stating  whether  or  not  such 
discrimination,  as  aforesaid,  is  in  violation  of  the  Fed- 
eral Constitution. 

The  resolution  was  referred  to  the  Committee  on 
Judiciary. 

Resolution  104,  by  Mr.  Kogers,  of  Sumter: 

Kesolved,  That  whereas  the  resolution  of  the  Conven- 
tion, adopted  at  an  early  day  after  its  organization  that 
there  should  be  printed  for  the  use  and  benefit  of  the 
delegates,  the  Constitutions  of  several  designated  States, 
bearing  upon  the  question  of  Suffrage,  and  whereas,  the 
material  for  such  printing  Avas  promptly  supplied,  and 
whereas  up  to  this  time,  said  resolution  has  not  been 
i-omplied  Avith. 

Resolved,  That  the  Committee  on  Schedule,  Printing 
and  Incidental  Expenses  be  instructed  not  to  pay  for 
any  such  printing  unless,  after  examination,  it  be  ascer- 
tained that  the  delay  was  absolutely  unavoidable. 

The  resolution  was  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 

Resolution  No.  105,  by  Mr.  Searcy: 

Resolved,  That  whereas,  this  Convention  has  made  a 
contract  with  Mr.  Pat  McGauly  for  stenographic  re- 
ports of  the  proceedings  of  the  Convention,  wherein  it 
Avas  agreed  to  pay  said  McGrauly  |70  for  each  working 
day  of  the  Convention,  for  such  stenographic  report, 
and 

Whereas,  there  is  now  no  authority  in  law  for  the 
Auditor  to  draw  his  warrant  on  the  Treasurer  for  pay- 
ment of  said  stenographer;  therefore. 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  that  there  is  hereby  appropriatcMl  a  sum 
sufficient  to  pay  whatever  shall  be  due  said  stenograph- 
er, according  to  said  contract,  and"  the  Auditor  is  hereby 
authorize  and  empowered  to  draw  his  warrant  on  the 


Constitutional  Convention.  161 

Treasurer  in  favor  of  said  stenographer  for  such  sums 
as  sliall  from  time  to  time  be  certified  to  him  for  such 
purposes  by  the  President  and  Secretary  of  this  Conven- 
tion. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  106,  b^^  Mr.  Hinson : 

Resolved,  That  this  Convention  shall  not  raise,  reduce 
or  fix  the  compensation  of  any  judicial  officer  of  this 
State;  but  it  shall  be  made  the  duty  of  the  Legislature 
to  increase  the  salaries  of  the  justices  of  the  Supreme 
Court,  not  to  exceed  five  thousand  dollars  per  annum, 
whenever  the  financial  condition  of  the  State  will  justify 
■such  increase. 

The  resolution  was  referred  to  the  Committee  on 
Judiciary. 

Resolution  107,  by  Mr.  Hinson : 

Resolved,  That  this  Convention  shall  not  raise,  reduce 
or  fix  the  compensation  of  any  executive  officer,  but  it 
shall  be  made  the  duty  of  the  Legislature  to  increase 
the  salary  of  the  Governor,  not  to  exceed  five  thousand 
dollars  per  annum,  whenever  the  financial  conditions 
of  the  State  will  justify  such  increase. 

The  resolution  was  referred  to  the  Committee  on 
Executive  Department. 

Resolution  No.  108,  by  Mr.  Jones,  of  Hale: 

Be  it  resolved.  That  whereas  the  people  of  Alabama 
having  been  living  under  the  present  Constitution  for 
the  past  twenty-five  years,  and  have  found  and  do  find, 
that  the  said  Constitution  meets  practically  all  the  re- 
quirements requisite  to  the  security  of  life,  liberty  and 
property,  with  the  one  exception,  viz.,  that  the  negro  is 
allowed  to  vote : 

And  whereas,  the  people  of  Alabama  would  probably 
rather  bear  the  ills  of  the  present  Constitution  than  fly 
to  those  the^'  know  not  of,  except  in  the  matter  referred 
to. 

Be  it  therefore  resolved,  that  the  Committee  on 
Sutfrage  and  Elections  be  requested  and  instructed  to 
a'eport  to  this  Convention  within  the  next  five  days  an 
11 


162  Journal  of  Alar  am  a 

ordiuance  or  ordiuances  looking  to  the  disfranchisement 
of  the  negro. 

Be  it  further  resolved,  That  this  Convention  then  be 
allowed  tive  additional  days  within  which  to  discuss 
such  ordinance  or  ordinances,  so  rei)orted  l)y  said  com- 
mittee, and  that  then  a  final  vote  shall  be  taken  on  such 
ordinance  or  ordinances. 

Be  it  further  resolved,  That  after  such  vote  is  taken 
by  the  Convention  that  this  Convention  do  then  adjourn 
sine  die,  whether  said  Convention  has  agreed  on  a 
suffrage  clause  or  not. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  101),  by  Mr.  Jones,  of  ^lontgomery: 

For  an  additional  section  to  the  Declaration  of  Rights 
concerning  the  Quarantine  and  Police  Power. 

Resolved,  That  the  Committee  on  Preamble  and  Dec- 
laration of  Rights  be  directed  to  report  for  the  conside- 
ration of  the  Convention  an  additional  section  to  the 
Declaration  of  Rights,  in  substance  as  follows: 

That  no  person  shall  be  compelled  to  exile  himself 
from  the  State  in  time  of  epidemic  or  pestilential  dis- 
eases, to  obtain  a  refuge,  if  the  authorities  of  any 
county  in  the  State  are  willing  to  receive  him  in  their 
borders. 

The  resolution  Avas  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Resolution  110,  by  ^Ir.  Lowe,  of  Jetferson : 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
the  State,  County  and  Congressional  election  should  be 
held  upon  the  same  day;  provided,  however,  that  the 
General  Assembly  may  prescribe  separate  and  different 
dates  for  holding  such  elections. 

The  resolution  was  referred  to  the  Committee  on 
Legislative  Department. 

Resolution  111,  by  :\rr.  INIcMillan: 

Be  it  i-esolvcd  l»y  this  Convention,  That  it  is  the  sense 
of  this  Convention  tliat  any  ordinance  adopted  j)rescrib- 
ing  a  |Joll  tax  (lualitication  upon  the  right  of  suffrage, 
sliall  include  in  its  ])rovisions  a  section  exempting  all 
officers  and  men  of  the  Alabama  National  Guard  from 
its  operation. 


Constitutional  Convention.  163 

The  resohitiou  was  referred  to  the  Committee  on 
Taxation. 

Resolution  No.  112,  hv  Mr.  Parker,  of  Elmore : 

Whereas,  It  is  the  well  settled  policy  of  this  State 
that  the  traffic  in  A'inous,  spiritons  and  malt  liquors  is 
a  privilege  and  not  a  right  of  the  citizen ;  and  whereas, 
the  ample  and  unrestricted  authority  of  the  General 
Assembly,  under  the  present  (Constitution  ot  Alabama, 
to  restrict  and  police  the  buying  and  selling  of  vinous, 
spiritous  and  malt  liquors  has  been  in  the  past,  a  bul- 
wark of  safety  to  society  and  the  individual  citizen 
against  the  evils  of  intemperance; 

Now,  therefore,  be  it  resolved  that  it  is  the  sense  of 
this  Convention  that  no  ordinance  shall  be  adopted  that 
will  abridge  or  destroy  the  power  of  the  General  As- 
sembly of  the  State  of  Alabama  to  restrict,  regulate  and 
control  the  sale  of  vinous,  spiritous  and  uialt  liquors. 

The  resolution  was  referred  to  the  Committee  on 
Legislative  Department. 

IJesolution  No.  113,  by  Mr.  Whiteside: 

Whereas,  It  is  apparent  that  this  Convention  will  not 
be  able  to  complete  its  labors  within  the  Mt\  days  for 
which  it  is  authorized  to  draw  pay  under  the  act  call- 
ing the  Convention ; 

And,  whereas,  the  present  Constitution  provides  that 
"No  bill  shall  be  passed  giving  any  extra  compensation 
to  any  public  officer;  nor  shall  any  officer  of  the  State 
bind  the  State  to  the  payment  of  any  sum  of  money  but 
by  authority  of  law,"  therefore, 

Be  it  resolved,  That  the  question  of  the  payment  of 
the  expenses  of  this  Convention  beyond  the  said  fifty- 
days  be  referred  to  the  Judiciary  Committee,  with  in- 
structions to  repor-t  thereon  at  an  early  date. 

Resolved,  further.  That  it  is  the  sense  of  this  Con- 
vention that  no  per  diem  be  paid  to  the  delegates  of  this 
Convention  beyond  the  fifty  days  named  in  the  act  call- 
ing the  Convention. 

The  resolution  was  referred  to  the  Committee  on 
Judiciary. 

Resolution  No.  114,  by  Mr.  J.  W.  A.  Sanford : 


164  Journal  of  Alarama 

Whereas,  In  eight  States  and  Territories  of  the  Union 
the  Eagle  alone,  or  in  combination  with  other  figures, 
form  the  Great  Seal;  and  whereas,  the  Great  Seal  of 
this  State  should  be  distinctive  and  symbolic  of  some 
event  in  its  history,  or  of  some  peculiarity  in  its  topo- 
graphy, or  of  some  characteristic  of  its  people; 

Therefore,  be  it  resolved.  That  a  committee  of  nine, 
one  from  each  Congressional  district,  be  appointed  by 
the  President  of  the  Convention  to  suggest  and  to  com- 
mend to  the  Convention  a  design  for  a  Great  Seal  of 
Alabama,  Avhich  shall  be  different  from  the  seal  of  any 
other  State  or  Territory. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Mr.  Sanford  moved  that  the  rules  be  suspended  and 
that  the  resolution  be  adopted.  The  motion  was  lost, 
and  the  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  115,  by  Mr.  Mac.  A.  Smith,  of  Autauga: 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
a  provision  shall  be  inserted  in  the  proposed  new  Con- 
stitution for  the  State  of  Alabama,  limiting  the  rate  of 
taxation  by  State,  counties  and  municipalities,  and  that 
such  rate  of  taxation  shall  not  exceed  the  rate  now  fixed 
by  the  present  Constitution,  but  a  lower  rate  shall  be 
fixed  if  practicable. 

The  resolution  was  referred  to  the  Committee  on 
Taxation. 

Resolution  No.  116,  by  Mr.  Burns,  of  Dallas: 

Resolved,  That  Ex-United  States  Senator  James  L. 
Pugh,  ex-Governor  Joseph  P.  Johnston,  ex-Secretary  of 
the  Convention  of  1875,  Benjamin  H.  Screws;  and  the 
seven  surviving  members  of  the  last  Constitutional 
Convention  be  allowed  the  privileges  of  the  floor. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

MEMORIAL. 

JMr.  Davis,  of  DeKalb,  introduced  by  request  the  fol- 
lowing memorial,  which  was  referred  to  the  Committee 


Constitutional  Convention.  165 

on   State  and  County  Boundaries: 

Memorial  in  connection  with  ordinance  No.  170. 

To   the   Honorable,   the   Constitutional   Convention   of 

the  State  of  Alabama  : 

With  the  view  of  protesting  against  any  interference 
by  your  honorable  body  with  the  act  approved  March 
5th,  1901,  removing  the  county  seat  of  Shelby  county 
from  Columbiana  to  Calera,  and  in  answer  to  the  '^me- 
morial" accompanying  the  introduction  of  ordinance 
No.  170  into  the  Convention,  which  ordinance  is  now 
in  the  hands  of  the  Committee  on  State  and  County 
Boundaries,  we  beg  leave  to  respectfully  s.ul)mit  the  fol- 
lowing : 

The  location  of  the  county  site  of  Shelby  county  has 
been  a  bone  of  contention  between  the  advocates  of  Co- 
lumbiana and  Calera  for  the  past  twenty  years.  In 
1894  {not  1895,  as  set  forth  in  said  memorial,)  an  elec- 
tion was  held  in  the  county  upon  the  question,  but  the 
law  under  which  it  was  held  failed  to  provide  for  a  con- 
test or  to  provide  any  safeguards  against  fraud,  and 
the  Columbiana  advocates  being  in  absolute  control  of 
the  election  machinery,  they  took  advantage  of  the 
weakness  of  the  law,  and  most  unmercifully  counted 
Calera  out  by  all  sorts  of  frauds,  such  as  importing 
voters,  stuffing  ballot  boxes,  and  throwing  out  boxes 
which  were  favorable  to  Calera. 

In  1899  an  act  was  passed  by  the  General  Assembly, 
over  the  opposition  of  the  Columbiana  advocates,  per- 
mitting another  election  on  the  question  within  four 
years  from  the  passage  of  said  act.  This  act  was  well 
guarded  against  frauds,  particularly  the  frauds  perpe- 
trated in  the  former  election,  but  it  failed  to  expressly 
provide  that  no  step  should  l)e  taken  in  the  meantime 
to  build  a  new  court  house  at  Columbiana.  No  one  sup- 
posed that  any  such  effort  would  be  made  as  it  was 
clearly  against  the  spirit  of  the  law.  But  during  the 
latter  part  of  the  last  session  of  the  General  Assembly 
the  fact  came  to  the  knowledge  of  the  Senator  and  Rep- 
resentative from  Shelby  county  that  there  was  a  well 
defined  plan  on  foot  to  forestall  the  election  law  in  force 


166  Journal  of  Alabama 

by  quietly  anaugiuji  for  the  erection  of  new  county 
buildings  at  Columbiana  as  soon  as  the  Legislature 
should  adjourn.  Upon  receiving  this  information,  the 
correctness  of  which  they  did  not  then  and  do  not  now 
doubt,  the  Senator  and  l^epresentative  consulted  over 
the  matter,  and,  being  satisfied  that  a  majority  of  the 
people  of  the  county  favored  Calera  as  the  county  seat, 
they  decided  to  introduce  and  pass  a  bill  removing  the 
county  seat  from  Columbiana  to  Calera,  and  proceeded 
to  do  so.  The  bill  was  regularly  introduced,  read  once 
b}'  its  caption,  and  referred  to  the  Committee  on  Coun- 
ties and  County  Boundaries  at  the  afternoon  session  of 
February  2()tji,  the  forty-fifth  day  of  the  session.  On 
the  next  day  it  was  reported,  read  second  time  and 
pbiced  on  the  House  calendar,  and  on  the  next  day  it 
was,  after  due  notice,  called  up  and  put  upon  its  pass- 
age, being  read  third  time,  and  was  duly  passed  by  the 
House.  It  was  sent  forthwith  to  the  Senate,  as  other 
bills  passed  at  that  stage,  without  engrossment.  In  the 
Senate  it  was  read  first  time  and  referred  to  the  Com- 
mittee on  Corporations.  P>bruary  28th  the  two  Houses 
adjourned  over  to  ^March  2nd,  when  the  bill  was  re- 
ported favorably  by  tlie  committee,  read  second  time, 
and  ]daced  on  the  Senate  calendar.  The  two  houses 
again  recessed  from  ^farch  2d  to  March  5th,  when  the 
bill  was  called  up,  read  third  time,  and  passed  at  the 
afternoon  session.  Later  on  the  same  day  it  was  signed 
by  the  presiding  officers  of  the  two  Houses  in  the  pres- 
ence of  their  respective  Houses,  after  its  title  had  been 
publicly  read  and  the  fact  entered  on  the  Journal.  It 
received  executive  approA-al  the  same  day. 

It  will  be  seen  that  the  ]»ill  went  upon  the  House 
calendar  on  February  26th,  seven  days  before  the  final 
adjournment  of  the  Legislature,  and  that  the  wholesale 
aspei-sions  att(^in])te<l  to  be  cast  u})on  all  persons  con- 
nected with  tlse  passage  of  the  bill  are  without  any 
foundation  in  fact.  While  the  ''Citizens'  Committee" 
of  Columbiana  indulge  in  much  extravagant  language 
touching  the  ));'ssuge  of  the  bill,  they  seem  to  rely  upon 
the  absence  of  recollection  on  the  part  of  certain  mem- 
bers of  the  House  and  upon  such  want  of  recollection 
to  base  their  wliolesale  charges  of  fraud. 


Constitutional  Convention.  167 

Among  all  the  letters  claimed  to  have  been  received 
from  members  of  the  House  by  the  "Citizens'  Commit- 
tee" the  letter  ot  Mr.  Striplin  seems  to  be  regarded  as 
^iloue  worth  publication.  Mr.  Striplin  says :  ''I  don't 
remember  one  thing  about  it."  All  else  that  he  says  is 
merest  conjecture. 

The  Ixepresentative  states  positively  that  he  carried 
this  identical  bill,  with  the  identical  cover  now  on  it,  to 
Mr.  Striplin,  together  with  a  note  from  Senator  Oliver, 
asking  its  favorable  consideration,  and  that  he,  the  Rep- 
resentative, saw  Mr.  Striplin  go  to  members  of  the  com- 
mittee with  the  bill  in  his  hand  and  procure  their  signa- 
tures on  the  back  of  the  bill,  with  a  favorable  report. 

The  removal  act,  which  carefully  guards  the  interests 
of  the  county,  limits  the  issue  of  bonds  to  |30,000,  and 
the  rate  of  interest  to  5  per  cent.  And  requires  the  re- 
demption of  .|?2,000  of  the  principal  each  year  by  lot  at 
a  premium  of  5  per  cent.,  thus  paying  off  the  bonds  with 
the  specified  levy  of  one-eighth  of  1  per  cent,  in  the  fif- 
teen years  or  less,  according  to  the  amount  issued.  So 
that  the  indel)tedness  which  may  be  placed  on  the 
county  is  little  more  than  half  the  amount  estimated  by 
the  "Citizens'  Committee"  of  Columbiana. 

As  to  the  location  of  Calera,  it  is  far  more  accessible 
to  a  majority  of  the  people  of  the  county  than  Colum- 
Mana,  because  of  the  fact  that  it  has  railroads  leaving 
It  in  five  different  directions,  and  touching  every  pre- 
cinct in  the  county,  with  the  exception  of  two.  Colum- 
biana is  far  from  the  geographical  center  of  the  county, 
and  still  further  from  the  center  of  population  in  point 
of  accessibility.  A  glance  at  the  map  will  aid  in  demon- 
strating these  facts. 

The  Senator  and  Representative  emphatically  deny 
that  they  "had  assured  the  people  of  the  county  that 
they  wouldiuot  introduce  any  legislation  pertaining  to 
the  court  house."  They  were  not  pledged  on  the  ques- 
tion of  the  removal  of  the  county  seat,  nor  was  it  an  is- 
sue in  the  campaign. 

Touching  the  alleged  action  of  political  parties  in 
Shelby  county,  it  is  denied  that  the  action  taken  by  cer- 
tain persons  claiming  to  represent  the  Democratic  and 


168  Journal  of  Alarama 

Populist  parties  at  Columbiana  were  representatives  of 
these  parties  in  the  county.  There  was  not  a  quorum 
of  the  precincts  represented  in  either  case.  Nor  was  the 
result  of  the  election  with  the  advocates  of  Columbiana 
in  charoe  of  the  machinery  any  reliable  index  to  the 
will  of  the  people  in  reiiard  to  the  court  house  question. 
Moreover,  the  advocates  of  Calera  do  not  understand 
that  the  subject  is  one  of  which  the  Constitutional  Con- 
vention Avill  take  cognizance. 

The  advocates  of  Ccdumbiaua  have  resorted  to  all 
possible  litigation  to  strike  down  the  removal  act,  and 
the  question  of  its  validity  is  now  before  the  Supreme 
Court,  where  a  decision  will  no  doubt  be  rendered  at 
an  early  day. 

^Alierefore,  and  for  various  other  reasons,  we  respect- 
fully submit  that  it  is  wholly  inexpedient  for  this  hon- 
orably body  to  undertake  to  nullify  said  removal  act. 

Eespectfully  submitted, 

W.   E.   Oliver, 
Senator  from  Shelby  County. 
G.  B.  Deans, 
Representative  from   Shelby   County. 

ORDINANCES  ON  FIRST  READIXCJ. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows: 

Ordinance  215,  by  Mr.  Bulger : 

To  provide  for  the  election  of  the  oificers  of  the  State 
by  the  people,  and  to  limit  the  terms  of  the  same. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department, 

Ordinance  216,  by  Mr.  Burnett : 

To  amend  Section  35,  of  Article  I  of  the  Constitu- 
tion. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  217,  by  Mr.  Burns : 

To  limit  the  authority  of  the  proper  officials,  regard- 
ing the  issuance  of  marriage  licenses  to  females  under 
the  age  of  16  years. 


Constitutional  Convention.  169 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  218,  by  Mr.  Burns : 

To  reguhite  the  establishment  of  charitable,  educa- 
tional or  agricultural  institutions. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  219,  by  Mr.  Burns: 

To  prohibit  the  fixing  of  prices  or  hours  of  laborers. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  220,  by  Mr.  Knight : 

To  amend  Section  3  of  Article  VIII  of  the  Constitu- 
tion of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  221,  by  Mr.  Cardon : 

To  amend  Section  1  of  Article  IV  of  the  Constitution 
of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Local   Legislation. 

Ordinance  222,  by  Mr.  Cardon : 

To  amend  Section  1  of  Article  VI  of  the  present  Con- 
stitution of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  223,  by  Mr.  Carmichael,  of  Coffee : 

To  regulate  the  amount  of  money  which  may  be  ex- 
pended by  the  State  for  the  support  of  the  State  insti- 
tutions of  learning. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  224,  by  Mr.  Carnathon  : 

To  regulate  the  establishment  of  stock  law  districts. 

The  ordinance  was  referred  to  the  Committee  on 
Local  Legislation. 

Ordinance  225,  by  Mr.  Carnathon  : 

Amending  Section  25,  of  Article  VI. 

The  ordinance  was  referred  to  the  Committee  on- 
Judiciary. 

Ordinance  226,  by  Mr.  Chapman : 


170  Journal  of  Alara:\ia 

To  amend  Section  31  of  Article  IV  of  the  Constitu- 
tion. 

The  ordinance  was  referred  to  the  Committee  on 
Legishitive  Department. 

Ordinance  227,  by  Mr.  Chapman: 

To  amend  Article  IV  of  the  Constitution  by  adding 
thereto  an  additional  section. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  228,  by  Mr.  Chapman : 

To  amend  Article  IV  of  the  Constitution,  hj  adding 
an  additional  section. 

The  ordinance  Avas  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  229,  by  Mr.  Cofer : 

To  be  entitled  an  ordinance  to  encourage  emigration 
to  the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Amending  Constitution  and  Miscellaneous  Provisions, 

Ordinance  230,  by  Mr.  Cofer: 

To  amend  Section  1  of  Article  XIII  of  the  Consti- 
tution of  the  State  of  Alabama. 

The  ordinance  Avas  referred  to  the  Committee  on 
Education. 

Ordinance  231,  by  Mr.  Cofer: 

To  regulate  the  appointment  and  appropriation  of 
the  school  funds  of  the  State,  to  the  common  public 
schools  of  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  232,  by  Mr.  Cofer : 

To  regulate  the  representation  of  the  counties  in  the 
State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Eepresentation. 

Ordinance  233,  by  ^Ir.  Craig: 

To  amend  the  (^)nstitution  of  Alabama  by  adding  an 
additional  article. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  234,  liv  :Mr.  Craig: 


Constitutional  Convention.  171 

To  amend  Sections  1  and  2  of  Article  I  of  the  Con- 
stitution of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Eights. 

Ordinanc(i  235,  by  Mr.  Craig: 

To  amend  Section  1  of  Article  X  of  the  Constitution 
of  Alabama, 

The  ordinance  was  referred  to  the  Committee  on 
Exemption. 

Ordinance  230,  by  Mr.  Craig: 

To  amend  Section  15  of  Article  VI  of  the  Constitu- 
tion of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  237,  by  ^Nlr.  Craig: 

To  prescribe  the  mode  and  manner  in  and  by  which 
the  Goyernor  of  the  State  nuiy  exercise  the  appointing 
power  to  office  in  this  State. 

The  ordinance  was  referred  to  the  Committee  on 
Executiye  Department. 

Ordinance  238,  by  Mr.  Craig: 

An  ordinance  to  regulate  suffrage  in  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  239,  by  Mr.  Pitts : 

To  fill  yacancies  in  county  offices  by  the  Court  of 
County  Commissioners. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  210,  by  ]Mr.  Ferguson : 

To  dis])ense  with  the  necessity  of  indictment  in  cer- 
tain felony  cases. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  211,  by  Mr.  Fletcher: 

To  amend  Section  50,  Article  IV  of  the  Constituton, 
by  adding  certain  words  at  the  end  of  the  section. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  212,  by  Mr.  Fletcher: 


172  Journal  of  Alarama 

To  amend  Section  5  of  Article  XI  of  the  Constitution^ 
relating  to  the  manner  of  levying  taxes. 

The   ordinance   Avas   referred   to   the    Committee   on 
Municipal  Corporations. 

Ordinance  243,  by  Mr.  Searcj" :  , 

To  amend  Section  5  of  Article  XI. 

The   ordinance   Avas   referred   to    the    Committee   on 
Taxation. 

Ordinance  244,  by  Mr.  Searcy : 

As  to  t]ie>  banking  or  depository ;  State  funds. 

The   ordinance   was   referred   to    the   Committee   on 
Banks  and  Banking. 

Ordinance  245,  by  Mr.  Morrisette: 

To  amend  Article  VIII  of  the  Constitution,  by  strik- 
ing out  the  whole  thereof,  and  inserting  another  article. 

The   ordinance   was   referred    to    the   Committee   on 
Suffrage  and  Elections. 

Ordinance  246,  by  Mr.  Grayson: 

To  amend  Sections  4  and  5  of  Article  XI  of  the  Con- 
stitution. 

The   ordinance   was   referred    to   the   Committee   on 
Taxation. 

Ordinance  247,  by  Mr.  Grayson: 

To  provide  for  the  payment  of  the  public  debt. 

The   ordinance   was   referred   to   the   Committee   on 
Legishitive  Department. 

Ordinance  248,  by  Mr.  Harrison: 

To  limit  the  issue  of  bonds  or  other  evidences  of  debt 
by  cities  and  towns  in  this  State. 

The   ordinance   was   referred    to    the    Committee   on 
Municipal  Corporations. 

Ordinance  249,  by  Mr.  Hefiin,  of  Randolph: 

Referring  to  tlie  office  of  Justice  of  the  Peace,  Notary 
Public  and  Constable. 

The  ordinance   was   referred   to   the   Committee   on 
Judiciary. 

Ordinance  250,  by  :Mr.  J.  C.  Henderson : 

To  fix  the  time  for  the  assembling  of  the  General  As- 
sembly. 

The   ordinance   was   referred   to.  the   Committee   on 
Legislative  Department. 


Constitutional  Convention.  173 

Ordinance  251,  by  Mr.  J.  C.  Henderson : 

Providing  for  the  bonding  of  State  and  County  ofiti- 
<!ers. 

The  ordinance  was  referred  to  the  Committee  on 
Legishitive   Department. 

Ordinance  252,  by  Mr.  Henderson: 

Reducing  the  number  of  jurors. 

Tlie  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  253,  by  Mr.  Henderson: 

To  provide  for  the  worlving  of  convicts  of  tlie  several 
counties  of  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  254,  by  Mr.  Henderson : 

Providing  for  the  exemption  of  cotton  mills  from 
taxation. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  255,  by  Mr.  Henderson: 

Regulating  and  providing  for  the  publication  of  laws 
and  bills. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  256,  by  Mr.  Henderson : 

To  establish  a  Department  of  Agriculture. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  257,  by  Mr.  Henderson: 

Amending  Section  5  of  Article  XIII,  applying  to  pub- 
lic school  fund. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  258,  by  Mr.  Weakley,  of  Lauderdale : 

To  amend  Section  4  of  Article  XI  of  the  Constitution 
of  the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  259,  by  Mr.  Hood: 

To  establish  a  Court  of  Appeals,  and  declare  juris- 
diction thereof. 


174  Journal  of  Alarama 

The  oidi nance  was  referred  to  the  Committee  on. 
Judiciary. 

Ordinance  200,  hv  Mr.  Kobinson,  of  Chambers : 

To  amend  Sections  1  and  3  of  Article  VIII  of  the 
Constitution  of  Ahibama. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  2(U,  by  Mr.  Jones,  of  Montgomery: 

To  promote  speedy  decision  of  causes  in  the  Supreme 
Court. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  >Jo.  262,  by  Mr.  Jones,  of  Montgomery: 

To  provide  for  a  Board  of  Conciliation. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Oidinance  263,  by  3Ir.  Jones,  of  Wilcox : 

To  amend  Section  3  of  Article  VIII  of  the  Constitu- 
tion. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  Xo.  2(>4,  by  Mr.  Jones,  of  Wilcox: 

To  amend  Section  2  of  Article  X  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

Ordinance  No.  2()5,  by  Mr.  Jones,  of  Wilcox: 

To  anuMid  Section  1  of  Article  XIII  of  the  Constitu- 
tion. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  26(5,  by  Mr.  Rogers,  of  Lowndes: 

To  amend  Section  1  of  Article  II  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  2(>7,  by  Mr.  Ledbetter: 

That  the  office  of  Examiner  of  Public  Accounts  be 
and  the  same  is  hereby  continued. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  268,   l)v  ^Nfr.   Ledbetter: 


COxNSTITUTlONAL  CONVENTION.  175- 

That  Probate  Judges  shall  be  elected  every  four  years. 
(Relates  to  the  election  and  salary  of  Probate  Judge.) 

The  ordiuance  was  referred  to  the  Committee  on 
Judieiar}'. 

Ordinance  269,  by  Mr.  Lons>,  of  Walker: 

To  amend  Section  (>  of  Article  XI  of  the  Constitution 
of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  270,  by  Mr.  Lonuj,  of  AValker : 

To  prescribe  the  qualification  of  electors,  and  to  bet- 
ter provide  for  fair  elections  in  the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  271,  by  Mr.  Lowe,  of  Jetferson : 

To  prescribe  the  time  of  election  of  Justices  of  the 
Supreme  Court,  Circuit  Judges,  Chancellors  and  Pro- 
bate Judges. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  272,  by  Mr.  Lowe,  of  Jefferson: 

To  prescribe  the  term  of  office  of  Justices  of  the  Su- 
preme Court,  Circuit  Judges,  Chancellors  and  Probate 
Judges. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  273,  by  INIr.  Parker,  of  Elmore : 

To  amend  Article  XVI  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Amendments  to  the  Constitution  and  Miscellaneous 
Provisions. 

Ordinance  274,  by  Mr.  Oates,  of  Montgomery: 

To  amend  Article  VIII  of  the  Constitution,  as  to  the 
qualification  of  electors. 

The  ordinance  was  referred  to  the  Committee  on 
Suft'rage  and  Elections. 

Ordinance  275,  by  Mr.  Oates,  of  Montgomery : 

To  improve  the  judicial  system  of  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  276,  by  Mr.  WBiteside: 


176  Journal  of  Alarama 

Eelating  to  municipal  corporations. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  277,  bv  Mr.  Watts,  of  Montgomery: 

To  add  a  section  to  Article  III.  (Distribution  of  the 
powers  of  government.) 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  278,  by  ^Ir.  Watts,  of  Montgomery : 

To  amend  Sections  11,  12,  13,  14,  15,  21,  of  Article  1. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  279,  by  Mr.  Watts,  of  Montgomery: 

To  amend  Sections  9,  10,  12,  17,  25,  of  Article  VI. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  280,  by  .Air.  J.  W.  A.  Sanford : 

To  establish  a  bureau  of  Industrial  Resources. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  281,  by  Mr.  Selheimer : 

Relating  to  the  Judiciary  in  counties  having  a  popu- 
lation of  40,000  or  more. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  282,  by  Mr.  Selheimer : 

To  exclude  from  any  limitation  upon  the  indebted- 
ness of  municipal  corporations,  obligations  or  bonds  is- 
sued for  street  improvements,  etc. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  283,  by  Mr.  Sentell : 

Relating  to  education.  That  Section  7  of  Article  XIII 
be  amended. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  284,  by  Mr.  Mac.  A.  Smith,  of  Autauga  : 

To  amend  Section  23  of  Article  IV  of  the  Constitu- 
tion of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Local  Legislation. 


Constitutional  Convention.  177 

•Ordinance  285,  by  Mr.  Mac.  A.  Smith,  of  Autauga : 
To  prohibit  the  delegation  of  authority  to  levy  taxes. 
The   ordinance   Avas   referred    to   the   Committee   on 

Legislative   Department. 

Ordinance  286,  bv  Mr.  Mac.  A.  Smith,  of  Autauga : 
To  prevent  the  contracting  of  a  debt  beyond  the  reve- 
nues of  the  State  to  meet. 

The   ordinance   was   referred    to    the    Committee   on 

Legislative   Department. 

Ordinance  287,  by  ^Nlr.  Thompson,  of  Bibb : 

To  amend  Section  5  of  Article  XIII  of  the  present 

Constitution. 

The  ordinance    was    referred    to   the    Committee    on 

Education. 

Ordinance  288,  by  Mr.  Thompson,  of  Bibb : 

To  provide  for  the  election  of  Solicitors  and  County 

Officers,  and  prescribe  the  term  of  office. 

The  ordinance    was    referred    to   the    Committee    on 

Judiciary. 

RESOLUTIONS. 

Mr.  Grayson  offered  the  following  resolution : 
Resolved,  That  tlie  official  stenographer  be  required 
to  state  the  day  of  the  week  as  well  as  of  the  month  at 
the  head  of  the  daily  reports. 

Upon  the  suggestion  of  the  President  the  resolution 
was  withdrawn,  and  the  official  stenographer  was  in- 
structed to  insert  the  day  of  the  week  in  each  of  his 
daih^  reports. 

REPORT   OF   STANDING   COMMITTEES. 

Upon  motion  of  Mr.  Williams,  of  Marengo,  the  call 
of  standing  committees  was  dispensed  with. 

AD.TOURNMENT. 

The  hour  of  1  o'clock  p.  m.  having  arrived,  under  the 
rules  the  Convention  adjourned  until  to-morrow  morning 
at  10  o'clock  a.  m. 


178 


Journal  of  Alabama 


TWELFTH  DAY. 


Convention  Hall. 

Montgomery,  Ala.,  Wednesday,  June  5,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  oftered  by  Rev.  Mr.  Provence  of  the  city, 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum  : 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  ( Colbert ) , 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cofer, 


Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

deOratt'enried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

I^^'reeman, 

Gilmore, 

Graha m  ( Montgomery ) , 

Graham  ( Talladega ) , 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 


Constitutional  Convention. 


179 


HeflJn  (Chambers), 

O'Neill  (Jefferson), 

Heflin  (Randolph), 

Opp, 

Henderson, 

O'Rear, 

Hinson, 

Palmer, 

Hodges, 

Parker  (Cullman), 

Hood, 

Parker  (Elmore),, 

Howell, 

Pearce, 

Howze, 

Pettus, 

Inge, 

Phillips, 

Jac'k.-fO]v 

Pillans, 

Jones  (Bibb), 

Pitts, 

Jones  (Hale), 

Porter, 

Jones  (Wilcox), 

Proctor, 

Kirk, 

Reese. 

Kirkland, 

Reynolds  (Chilton), 

Knight, 

Reynolds  (Henry), 

Kyle, 

Robinson, 

Leigh, 

Rogers  ( Lowndes ) , 

Locklin, 

Rogers  (Sumter), 

Long  (Bntler), 

Sanders, 

Long  (Walker), 

Sanford, 

Lowe  (Jefferson), 

Searcy, 

Lowe  (LaAvrence), 

Selheimer, 

Macdonald, 

Sentell, 

McMillan  (Baldwin), 

Sloan, 

McMillan  (Wilcox), 

Smith  (Mobile), 

Malone, 

Smith,  Mac.  A., 

Martin, 

Smith,  Morgan  M., 

Maxwell, 

Sollie, 

Merrill, 

Sorrel  1, 

Miller  (Marengo), 

Spears, 

Miller  (Wilcox), 

Spragins, 

Moody, 

Stewart, 

Mulkey, 

Studdard, 

Murphree, 

Tayloe, 

NeSmith, 

Thompson, 

Norman, 

Vaughan, 

Norwood, 

Waddell, 

Gates, 

Walker, 

O'Neal  ( Lauderdale ) , 

Watts, 

Weakley,, 

180  Journal  of  Alabama 

WeatlierW,  Williams  (Marengo), 

White,  Wilson  (Clarke), 

Whiteside,  Winn— 138. 
Williams  ( Barbour ) , 

QUESTION   OF    PRIVILEGE. 

Mr.  Sanford,  of  Montgomery,  arose  to  a  question  of 
personal  privilege,  and  stated  that  the  following  ap- 
peared in  this  morning's  Montgomery  Advertiser : 

''General  Sanford,  of  Montgomery,  seeks  to  have  a 
committee  raised  to  draft  a  new  design  for  a  State 
steal.'' 

Mr.  Sanford  stated  that  he  desired  to  call  attention 
to  the  error  contained  in  the  above  and  foregoing  ex- 
tract. That  his  resolution  seeks  to  provide  for  a  design 
for  a  new  State  seal. 

LEAVE  OF   ABSENCE. 

Was  granted  to  Messrs.  Cobb,  for  to-day;  Kenfroe, 
for  to-day;  Ledbetter,  for  two  days;  Williams,  of  El- 
more, for  to-day;  Jackson,  for  yesterday;  Morrisefcte, 
for  three  days;  Davis,  of  Etowah,  for  to-day;  Sentell, 
for  to-morrow;  Henderson,  for  to-da}^;  Jones,  of  Mont- 
gomery, for  to-day ;  Weakley,  for  to-morrow ;  Wilson,  of 
Washington,  for  to-day;  Ashcraft,  for  to-morrow  and 
Friday. 

REPORT   OF   COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  eleventh 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor^  Ch airman. 

The  report  was  concurred  in. 


Constitutional  Convention.  181 

REPORT  OF  committee  ON  RULES. 

Mr.  Smith,  of  Mobile,  submitted  the  following  report 
from  the  Committee  on  Kiiles : 

The  Committee  on  Eules  beg  leave  to  report  that  they 
have  had  under  consideration  the  resolutions  herein- 
after mentioned,  and  beg  leave  to  report  thereon  as  fol- 
lows : 

The  committee  reports  adversely  to  resolution  num- 
ber 86,  introduced  by  Mr.  Long,  of  Walker,  and  recom- 
mends that  it  be  not  adopted  by  the  Convention.  Said 
resolution  reads  as  follows : 

Whereas,  a  resolution  making  an  appropriation  from 
the  State  Treasury  of  $70  a  day  for  the  stenographic  re- 
port of  the  proceedings  of  the  Constitutional  Convention 
was  passed  l)y  this  body  without  an  aye  and  nay  vote, 
and 

Whereas,  there  are  grave  doubts  as  to  the  legality  of 
such  proceedings,  and 

Whereas,  the  stenographic  reports  as  published  show 
many  errors,  therefore,  be  it 

Resolved,  That  the  President  of  this  Convention  be 
and  he  is  hereby  requested  to  immediately  cancel  the 
contract  for  stenographic  report,  after  paying  all  the  ex- 
penses by  the  State  connected  therewith,  to  the  date  of 
cancellation. 

The  comnuttee  reports  favorably  on  resolution  num- 
ber 105,  introduced  by  Mr.  Searcy,  of  Tuskaloosa,  and 
recommends  its  adoption  by  the  Convention.  Said  reso- 
lution reads  as  follows : 

Resolved,  That  whereas  this  Convention  has  made  a 
contract  with  ]Mr.  Pat  McOaul}^  for  stenographic  re- 
ports of  the  proceedings  of  the  Convention,  wherein  it 
was  agreed  to  pay  said  ^NIcGauly  seventy'  dollars  for 
each  working  day  of  the  Convention  for  such  steno- 
graphic report,  and  whereas,  there  is  now  no  authority 
in  law  for  the  auditor  to  draw  his  warrant  on  the  Treas- 
urer for  payment  of  said  stenogrpaher,  therefore 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assendiled,  that  there  is  hereby  approjjriated  a  sum 
sufficient  to  pay  whatsoever  shall  l)e  due  to  said  stenog- 


182  Journal  of  Alabama 

raplier,  according  to  said  contract,  and  the  auditor  is 
hereb}-  authorized  and  empowered  to  draw  his  warrant 
on  the  Treasurer  in  favor  of  said  stenographer  for  such 
sums  as  shall  from  time  to  time  be  certified  to  be  due 
for  such  purpose  by  the  President  and  Secretary  of  the 
Convention. 

The  committee  reports  back  to  the  Convention  reso- 
lution number  83,  introduced  by  Mr.  Pettus,  of  Lime- 
stone, without  recommendation  on  its  part,  for  the 
action  of  the  Convention. 

The  committee  reports  back  to  the  Convention  reso- 
lution number  87,  introduced  by  Mr.  Vaughan,  of  Dal- 
las, without  recommendation  on  its  part,  for  the  action 
of  the  Convention. 

The  committee  reports  back  to  the  Convention  reso- 
lution number  102,  introduced  by  Mr.  Henderson,  of 
Pike,  without  recommendation  on  its  part,  for  the  action 
of  the  Convention. 

The  committee  reports  as  a  substitute  for  resolution 
number  97,  introduced  by  Mr.  Winn,  of  Barbour,  the  fol- 
lowing resolution,  and  recommends  its  adoption  by  the 
Convention : 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
each  ordinance  offered  shall  contain  but  one  subject  mat- 
ter, which  shall  be  clearly  expressed  in  the  title,  so  that 
the  same  may  be  properly  referrd  to  the  appropriate 
committee. 

The  committee  reports  adA'ersely  to  resolution  num- 
ber 101,  introduced  by  Mr.  Watts,  of  Montgomery,  and 
recommends  that  it  be  not  adopted  by  the  Convention  for 
the  reason  that  its  purpose  is  covered  by  rule  number  17. 
Said  resolution  reads  as  follows : 

licsolved.  That  whenever  either  of  the  committees 
ht^reafter  appointed,  except  the  Committee  on  Rules,  on 
Journal,  and  )»rocuring  ministers,  is  ready  to  report, 
the  chairman  thereof  shall  hand  the  said  report  to  the 
Secretary  of  this  Convention,  who  shall  cause  the  said 
report  to  b(^  printed  and  a  copy  thereof  ])laced  upon  the 
desk  of  each  member  of  the  Convention  before  the  said 
report  is  considered. 


Constitutional  Convention.  183 

Second,  that  when  any  such  report  comes  up  for  con- 
sideration by  the  Convention,  each  section  or  paragraph 
of  said  report  shall  be  considered  separately. 

The  committee  herewith  returns  to  the  Convention 
the  resolutions  hereinabove  referred  to. 

Mr.  Long,  of  Walker,  made  the  following  motion : 

I  move  to  amend  the  report  of  the  Committee  on  Rules 
by  striking  out  the  adverse  report  of  resolution  num- 
her  86,  and  substituting  therefor  the  favorable  conside- 
ration of  said  resolution,  and  placing  the  same  upon 
its  passage. 

Mr.  White  raised  the  point  of  order  that  the  motion 
of  Mr.  Long,  of  Walker,  was  out  of  order,  in  that  it 
sought  to  make  a  report  upon  the  committee.  The  point 
of  order  was  not  sustained. 

Mr.  White  raised  the  further  point  of  order  that  the 
motion  of  Mr.  Long  was  out  of  order  in  that  the  said 
motion  was  in  effect  a  reconsideration  of  the  vote  by 
which  the  resolution  authorizing  the  stenographic  re- 
port, was  adopted. 
.  The  point  of  order  was  not  sustained. 

The  question  recurred  upon  the  motion  of  Mr.  Long, 
of  Walker. 

Mr.  Harrison  moved  to  table  the  motion  of  Mr.  Long, 
of  Walker. 

And  the  motion  to  table  prevailed,  yeas  91 ;  nays,  40. 

YEAS. 

Messrs.  President,  Carmichael  (Coffee), 

Altman,  Carnathon, 

Banks,  Case, 

Bartlett,  Coleman  (Greene), 

Bethune,  Cornwell, 

Blackwell,  Craig, 

Boone,  deGraffenried, 

Brooks,  Eley, 

Browne,  Eyster, 

Bulger,  Espy, 

Burnett,  Ferguson, 

Byars,  Fitts, 

Oarmichael  (Coll)ert), 


184 


Journal  of  Alabama 


Foshee, 

Foster, 

Freeman, 

Gilmore, 

Graham  (Montgomery). 

Graham  (Talladega), 

Greer  (Calhoun), 

Handley, 

Harrison, 

Heflln  (Chambers), 

Hodges, 

Hood, 

Howell, 

Jackscn, 

Jones  (Hale), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Leigh, 

Macdonald, 

McMillan  ( Baldwin ) , 

McMillan  (Wilcox), 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Mill  key, 

Mnrphree, 

NeSmith, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 


Palmer, 

Parker  (Cullman),. 

Parker  (Elmore), 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reynolds  (Chilton), 

Rogers  (Sumter), 

Sanders, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Morgan  M.,, 

Sollie, 

Spears, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Wilson  (Clarke). 

Winn— 91 . 


NOES. 


Messrs.  Almon, 

Ashcraft, 

Barefield, 

Beavers, 

Beddow, 


Burns, 

Cardon, 

Chapman, 

Cofer, 

Coleman  (Walker),. 


Constitutional  Convention.  185- 

Davis  (DeKalb),  Malone, 

Duke,  Miller  (Marengo), 

Fletcher,  Moody, 

Grayson,  Opp, 

Haley,  O'Rear, 

Heflin  (Randolph),  Pearce, 

Howze,  Pettiis, 

Inge,  Reynolds  (Henry), 

Jones  (Bibb),  Robinson, 

Kirkland,  Rogers  (Lowndes), 

Locklin,  Samford, 

Long  (Butler),  Smitli,  Mac.  A., 

Long  (Walker),  Spragins, 

Lowe  (Jefferson),  Williams  (Barbour), 

Lowe  (Lawrence),  Williams  (^lareugo) — 40. 

Mr.  Brooks  asked  that  the  report  of  the  Committee  on 
Rules  be  divided,  so  that  the  resolutions  should  be  con- 
sidered seriatim. 

The  request  was  granted,  and  each  resolution  was 
considered  separately,  as  follows: 

The  committee  reports  adversely  to  resolution  num- 
ber 86,  introduced  by  Mr.  Long,  of  Walker,  and  recom- 
mends that  it  be  not  adopted  by  the  Convention.  Said 
resolution  reads  as  follows : 

Whereas,  a  resolution  nmking  an  appropriation  from 
the  State  Treasury  of  seventy  dollars  a  day  for  a  steno- 
graphic report  of  the  proceedings  of  the  Constitutional 
Convention,  was  passed  by  this  body  without  an  aye  and 
nay  vote;  and 

Whereas,  there  are  grave  doubts  as  to  the  legality  of 
such  a  proceeding;  and 

Whereas,  the  stenograiihic  reports  as  published  show 
many  errors;  therefore  be  it 

Resolved,  That  the  President  of  this  Convention  be 
and  he  is  hereby  requested  to  immediately  cancel  the 
contract  for  stenographic  report,  after  paying  all  the 
expenses  by  the  State  connected  therewith,  to  the  date 
of  cancellation. 

]Mr.  Brooks  moved  to  concur  in  the  report  of  the  com- 
mittee, which  motion  prevailed. 


186  Journal  of  Alabama 

The  eoiiiiiiittee  reports  favorablj'  on  resolution  num- 
ber 105,  introduced  bv  Mr.  Searcy,  of  Tuscaloosa,  and 
recommends  its  adoption  by  the  Convention.  Said  reso- 
lution reads  as  follows : 

Kesolved,  That  whereas  this  Convention  has  made  a 
contract  with  Mr.  Pat  McGauly  for  stenographic  re- 
ports of  the  proceedings  of  the  Convention,  wherein  it 
was  agreed  to  pay  said  McGauly  |70  (seventy  dollars) 
for  each  working  day  of  the  Convention  for  such  steno- 
graphic report,  ancV  whereas  there  is  now  no  authority 
in  law  for  the  auditor  to  draw  his  warrant  on  the  Treas- 
urer for  paj'^ment  of  said  stenographer,  therefore  be  it 
ordained  by  the  people  of  Alabama,  in  Convention  as- 
sembled, that  there  is  herel)y  appropriated  a  sum  suffi- 
cient to  pay  whatsoever  shall  be  due  said  stenographer 
according  to  said  contract,  and  the  Auditor  is  hereby 
authorized  and  empowered  to  draw  his  warrant  on  the 
Treasurer  in  favor  of  said  stenographer  for  such  sums 
as  shall  from  time  to  time  be  certified  to  be  due  for  such 
purpose  by  the  President  and  Secretary  of  the  Conven- 
tion. 

Mr.  Knight  moved  to  concur  in  the  report  of  the  com- 
mittee, which  motion  prevailed. 

The  committee  reports  back  to  the  Convention  reso- 
lution number  83,  introduced  by  Mr.  Pettus,  of  Lime- 
stone, without  recommendation  on  its  part,  for  the  action 
of  the  Convention. 

Mr.  Howell  moved  to  concur  in  the  report  of  the  com- 
mittee, and  the  motion  prevailed. 

Mr.  Pettus  moved  to  recommit  the  resolution  to  the 
Committee  on  Rules.     The  motion  was  lost. 

Mr.  Pettus  offered  the  following  amendment  to  the 
resolution : 

Amend  by  adding  "Provided,  however,  that  the  daily 
stenographic  report  shall  set  out  all  ordinances  and 
resolutions  introduced,  in  full." 

Mr.  Malone  moved  to  table  the  resolution  and  amend- 
ment, and  the  motion  prevailed. 

The  committee  reports  back  to  the  Convention  reso- 
lution No.  87,  introduced  by  Mr.  Vaughan,  of  Dallas, 


Constitutional  Convention.  187 

without  recommeudation  ou  its  part,  for  the  action  of 
the  Convention. 

Mr.  Smith,  of  Mobile,  moved  to  concur  in  the  report 
of  the  committee,  and  the  motion  prevailed. 

Mr.  Vaughan  moved  that  the  resolution  be  adopted, 
and  the  motion  was  lost. 

Mr.  Burnett  moved  to  table  resolution  87,  which  mo- 
tion prevailed. 

The  committee  reports  back  to  the  Convention  reso- 
lution number  102,  introduced  by  Mr.  Henderson,  of 
Pike,  without  recommendation  on  its  part,  for  the  action 
of  the  Convention. 

Mr.  Smith,  of  Mobile,  moved  to  concur  in  the  report 
of  the  committee,  and  the  motion  prevailed. 

The  committee  reported  as  a  substitute  for  resolution 
number  97,  introduced  by  Mr.  Winn,  of  Barbour,  the 
following-  resolution,  and  recommends  its  adoption  by 
the  Convention : 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
€ach  ordinance  offered  shall  contain  but  one  subject 
matter,  which  shall  be  clearly  expressed  in  the  title,  so 
that  the  same  may  be  properl}^  referred  to  the  appro- 
priate committee. 

Mr.  Smith,  of  Mobile,  moved  to  adopt  the  substitute 
for  resolution  number  97,  reported  by  the  committee, 
which  motion  prevailed. 

The  committee  reported  adversely  to  resolution  num- 
ber 101,  introduced  by  Mr.  Watts,  of  Montgomery,  and 
recommends  that  it  be  not  adopted  by  the  Convention, 
for  the  reason  that  its  purpose  is  covered  by  rule  num- 
ber 47.    Said  resolution  reads  as  follows  : 

Resolved,  That  whenever  either  of  the  committees 
hereafter  appointed,  except  the  Committee  on  Rules,  on 
Journal,  and  procuring-  ministers,  is  ready  to  report,  the 
chairman  thereof  vshall  hand  the  said  report  to  the  Sec- 
retary of  this  Convention,  who  shall  cause  the  said  re- 
port to  be  printed  and  a  copy  thereof  placed  upon  the 
desk  of  each  member  of  the  Convention  before  the  said 
report  is  considered. 

Second,  That  when  any  such  report  comes  up  for  con- 
sideration by  the  Convention  each  section  or  paragraph 


188  Journal  of  Alabama 

of  said  report  shall  be  considered  separately. 

Mr.  ^'N'atts,  of  Montj^oinery,  moved  that  the  report 
of  the  committee  be  concurred  in,  which  motion  pre- 
vailed. 

Mr.  KSmith,  of  Mobile,  moved  that  the  report  be  adopted 
as  a  whole,  which  motion  prevailed. 

RESOLUTIONS  ON  FIRST  READING. 

The  following;  resolutions  were  introduced,  severally 
read  one  time  at  length  and  referred  to  appropriate 
committees,  as  follows : 

Resolution  No.  117  (with  document),  by  Mr.  Wil- 
liams, of  Marengo : 

Whereas,  There  appears  to  Ite  great  diversity  of  opin- 
ion as  to  the  manner  of  appointment  of  Trustees,  Facult}" 
and  Executive  Officer  of  certain  State  educational  insti- 
tutions, and 

Whereas,  From  years  of  association  with  the  Univer- 
sity of  Virginia  I  believe  that  the  methods  emplo^'ed 
therein  governing  that  institution  of  learning  are  good; 

Therefore,  attached  hereto  is  an  unabridged  copy  of 
the  laws  of  the  University  of  Virginia  for  1900,  together 
with  the  code  references  from  the  laws  of  the  State  of 
Virginia  in  regard  to  said  University,  which  are  com- 
mended to  the  study  and  careful  consideration  of  the 
Committee  on  Education,  hoping  that,  therefrom,  they 
will  get  much  that  is  good  tending  to  relieve  the  said 
institution  in  the  State  of  Alabama  from  objectionable 
influences. 

With  the  consent  of  tlie  Convention,  I  beg  that  the  at- 
tached exhibit  be  referred  to  the  committee  without 
reading  before  the  Convention,  and  without  printing. 

The  resolution  was  referred  to  the  Committee  on 
Education. 

Resolution  No.  118,  by  Mr.  Barefield : 

To  provide  for  the  payment  of  stationery  and  print- 
ing, etc. 

That,  whereas,  it  is  necessary  for  this  Convention  to 
be  supplied  with  the  proper  stationery  and  to  have  fur- 
nished for  the  use  of  the  Convention  various  and  sun> 
dry  pamphlets,  and 


Constitutional  Convention.  189 

Whereas,  the  Secretary  of  the  State  is  uot  empowered 
to  coutract  for  or  to  appropriate  auv  mone^'  to  pay  for 
such  expense,  therefore  be  it  resolved, 

First,  tliat  tlie  chairniau  of  the  Committee  on  Sched- 
ule, Printinjj;-  and  Incidental  Expenditures  be  and  is 
hereby  authorized  to  appoint  three  members  of  said 
committee,  with  himself  as  chairman,  to  contract  for 
such  stationery  and  printing-  at  the  lowest  expense,  and 
to  certify  the  various  amounts  due  for  said  stationery 
and  printing  to  the  Secretary  and  President  of  this  Con- 
vention, who  shall  be  caused  to  be  drawn  a  warrant  on 
the  Treasury  of  this  State  to  pay  same,  and  said  amount 
when  so  drawn  shall  be  charged  up  to  the  expenses  of 
the  Constitutional  Convention. 

Mr.  Barefield  moved  that  the  rules  be  suspended  and 
the  resolution  be  adopted,  and  the  motion  prevailed. 

Resolution  119,  by  Mr.  Burns : 

Resolved,  That  whereas  it  has  been  stated  upon  this 
floor,  which  statement  has  not  been  denied,  refuted  or 
controverted,  that  a  stenographic  verbatim  report  of  the 
proceedings  of  this  Convention  can  be  furnished  in 
pamphlet  form,  and  one  thousand  or  more  copies  of  the 
same  be  delivered  to  the  proper  ofiicers  of  the  Conven- 
tion prior  to  the  hour  of  convening  each  day,  at  a  sav- 
ing of  at  least  |25  per  diem  to  the  taxpayers  of  the  State. 

And  whereas,  the  publishing  of  the  proceedings  in 
proper  pamphlet  form  would  add  to  the  convenience  of 
the  members  and  to  the  saving  of  much  expense  in  the 
office  of  the  Secretary  from  day  to  day,  as  well  as  in  the 
final  preparation,  for  the  publication  of  the  Journal. 

That  the  Committee  on  Schedule,  Printing  and  Inci- 
dental Expenditures  be  and  are  hereby  authorized  to 
send  for  persons  and  papers  and  thoroughly  investigate 
this  subject  as  early  as  practicable,  and  report  as  early 
as  convenient. 

The  resolution  was  referred  to  the  Committee  on 
Schedules,  Printing  and  Incidental  Expenditures. 

Resolution  120,  by  Mr.  Grayson : 

Resolved,  That  all  resolutions  authorizing  the  pay- 
ment of  any  money  shall  be  adopted  only  by  a  yea  and 
nav  vote. 


190  Journal  of  Alabama 

The  resolution  was  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenditures. 

Kesolution  121,"by  Mr.  Long,  of  Walker: 

Resolved,  That  hereafter  no  appropriation  or  con- 
tract requiring  the  payment  of  money  from  the  State 
Treasury  shall  be  passed  by  this  Convention  otherwise 
than  by  a  yea  and  nay  vote. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Ordinance  122,  by  Mr.  Ferguson: 

A  resolution  concerning  the  Suffrage. 

Be  it  resolved  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  that  the  Committee  on  Suffrage  and 
Elections  be  reipiired  to  look  into  the  legality  and  ad- 
visability of  embodying  the  follo^ying  suggestions  in  the 
Suffrage  clause,  to  be  submitted  to  this  Convention,  con- 
ferring the  right  to  vote  as  follows : 

First,  on  tliose  citizens  of  the  State  not  otherwise 
disqualified,  who  were  born  in  the  state  of  bondage  or 
servitude,  prior  to  the  first  day  of  January,  1863. 

Second,  on  those  citizens  of  the  State  and  their  de- 
scendants not  otherwise  disqualified,  who  were  not  born 
in  a  state  of  bondage  or  servitude  prior  to  the  first  day 
of  January,  1863. 

The  resolution  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Ordinance  289,  hy  Mr.  Banks : 

To  regulate  elections  in  the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  290,  by  Mr.  Beddow : 

To  create  a  Railroad  Commission. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  291,  bv  Mr.  Blackwell : 


Constitutional  Convention.  191 

To  prohi)3it  the  appropratiou  of  am-  part  of  the  public 
school  mouey  iu  aid  of  church  or  sectarian  schools. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  292,  by  Mr.  Waddell : 

To  amend  Article  VI  of  the  present  Constitution,  re- 
lating to  the  Judiciary. 

The  ordinance  Avas  referred  to  the  Committee  om 
Judiciary. 

Ordinance  293,  by  Mr.  Bulger : 

To  regulate  the  right  to  vote  in  this  State. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinauce  294,  by  Mr.  Burns : 

To  amend  Section  1,  Article  XVII  of  the  new  Consti- 
tution. 

The  ordinance  was  referred  to  the  Committee  on 
Amending  Constitution  and  Miscellaneous  Provisions. 

Ordinance  295,  by  Mr.  Cofer : 

To  amend  Section  5  of  Article  IV  of  the  Constitution 
of  Alabama,  regulating  terms  of  General  Assembly,  and 
pay  of  members,  etc. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  296,  by  Mr.  Coleman,  of  Walker: 

Relating  to  the  Judiciary. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  297,  by  Mr.  O'Neill,  of  Jefferson : 

To  limit  the  power  of  cit}^  or  town  to  incur  debt  or  is- 
sue bonds. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  298,  by  Mr.  Fitts : 

To  prescribe  the  mode  of  selection  of  the  trustees  of 
the  T^niversity  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  299,  by  Mr.  Fitts : 

To  declare  the  Governor  ineligible  for  office  for  two 
years  after  the  expiration  of  his  term  of  office. 


192  Journal  of  Alabama 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  300,  by  Mr.  Graliam,  of  Montgomery : 

To  prevent  tlie  General  Assembly  from  depriving  the 
mnnicipalities  of  this  State  of  their  legitimate  revenues. 
(Legislation.) 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  301,  by  Mr.  Graham,  of  Montgomery: 

To  amend  Section  2  of  Article  IV  of  the  Constitution 
of  Alabama.     (Legislative  Department.) 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  302,  by  Mr.  Long,  of  Walker : 

To  amend  Section  12  of  Article  V  of  the  Constitution 
of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  303,  by  Mr.  Miller,  of  Wilcox : 

Amendment  of  Article  VIII,  Constitution  of  1875. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  304,  by  Mr.  Moody: 

To  regulate  primary  elections  in  the  State  of  Ala- 
bama. 

The  ordinance  was  referred  to  the  Committee  on 
Amendment  of  Constitution  and  ^liscellaneous  Provis- 
ions. 

Ordinance  305,  by  Mr.  Mulkey: 

To  amend  Section  1  of  Article  X  of  the  Constitution 
of  Alabanui. 

Tlie  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  306,  by  Mr.  Mulkey : 

To  amend  Section  7  of  Article  X  of  the  Constitution 
of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

Ordinance  307,  Ity  Mr.  ^Nlurphree : 

To  amend  Section  7  of  Article  T  of  the  Constitution 


Constitutional  Convention.  193 

•of  Alabama.  To  provide  for  the  speedy  trial  of  prison- 
ers. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Kights. 

Ordinance  308,  by  Mr.  Murphree : 

To  prevent  the  collection  of  more  than  the  legal  rate 
of  interest,  by  means  of  commissions,  premiums,  or  other 
devices  of  like  nature. 

The  ordinance  was  referred  to  the  Committee  on 
Amending  Constitution  and  Miscellaneous  Provisions. 

Ordinance  309,  by  Mr.  Pillans: 

Relating  to  the  qualifications  for  the  exercise  of  the 
Suffrage,   (Article  VIII,  Constitution.) 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  310,  by  Mr.  J.  W.  A.  Sanford : 

To  constitute  the  Governor,  Secretary  of  State,  Audi- 
tor and  Treasurer  Railroad  Commissioners. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  311,  by  Mr.  J.  W.  A.  Sanford : 

To  change  the  area  of  the  counties  by  amending  Sec- 
tion 2  of  Article  II  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  312,  hj  Mr.  Mac.  A.  Smith,  of  Autauga : 

To  amend  Section  2  of  Article  XVII  of  the  Constitu- 
tion of  the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Amendments  to  the  Constitution  and  Miscellaneous  Pro- 
visions. 

Ordinance  313,  by  Mr.  Watts,  of  Montgomery : 

To  amend  Section  7  of  Article  XI. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  314,  by  :Mr.  Watts: 

To  amend  Section  4  of  Article  XI. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  315,  by  Mr.  Watts: 

13 


194  Journal  of  ALABAMAi 

To  amend  Sections  1,  2  and  7  of  Article  X,  and  to  add 
a  section  to  said  article. 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

Ordinance  316,  by  Mr.  Watts: 

To  add  an  independent  section  to  the  Constitution  of 
Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  317,  by  Mr.  Watts : 

To  add  an  independent  section  to  the  Constitution  of 
Alabama,  relating  to  corporations. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  318,  by  Mr.  Watts : 

To  add  a  section  to  Article  VI,  and  amend  Section  25 
of  Article  VI. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  319,  by  Mr.  Weakley. 

Relating  to  the  constructon  of  street  railways,  gas, 
water,  steam  or  hot  water  heating,  telephone,  telegraph, 
electric  light  or  power  plant,  in  or'on  the  streets,  ave- 
nues or  alleys  of  towns  or  cities. 

The  ordinance  was  referred  to  the  Committee  on 
^Municipal  Corporations. 

REPORT   OF   STANDING   COMMITTEES. 

The  chairman  of  the  several  committees  reported  fav- 
orably the  following  ordinances,  which  were  severally 
read  a  second  time  at  length,  and  placed  on  the  calen- 
dar, and  300  copies  of  each  ordered  printed : 

By  :Mr.  Weakley,  chairman  of  the  Committee  on 
Corporations : 

Resolution  23  (with  substitute)  : 

In  reference  to  rate  of  taxation,  State  and  County, 
and  the  issuance  of  l)onds  by  counties  and  municipali- 
ties. 

Ordinance  183  (with  substitute)  : 

To  regulate  the  organization  and  classification  of 
cities  and  towns. 


Constitutional  Convention.  195 

Ordinance  186  (with  substitute)  : 

To  provide  for  tlie  organization,  classification  and 
government  of  villages,  towns  and  cities  in  Alabama. 

The  following  was  offered  as  a  substitute  for  both  of 
the  foregoing  ordinances  183  and  186,  relating  to  the  or- 
ganization and  classification  of  cities : 

Ordinance  to  regulate  the  organization  and  classifica- 
tion of  cities  and  towns. 

The  Committee  on  Municipay  Corporations  reported 
adversely  ordinance  No.  78. 

Ordinance  No.  78 : 

To  regulate  the  granting  of  franchises  by  municipal 
corporations. 

Mr.  Brooks  moved  to  table  the  ordinance,  which  mo- 
tion prevailed. 

SCHEDULE,  PRINTING  AND  INCIDENTAL  EXPENSES. 

Mr.  Heflin,  of  Randolph,  chairman  of  the  Committee, 
reported  favorably  the  resolution  No.  25. 

Resolution  25 : 

Resolved,  That  the  Secretary  of  this  Convention  be 
and  he  is  hereby  instructed  to  preserve  five  (5)  copies  of 
the  printed  stenographic  report  of  the  proceedings  of 
this  Convention,  and  when  said  report  is  completed, 
cause  the  same  to  be  bound  and  deposited  in  the  office  of 
the  Secretary  of  State. 

June  5th,  1901,  reported  favorably  by  Committee  on 
Schedules,  Printing  and  Incidental  Expenses.    R.  2,  Cal. 

Which  was  read  at  length  a  second  time  and  placed 
on  the  calendar. 

ADJOURNMENT. 

The  hour  of  1  o'clock  p.  m.  having  arrived,  under  the 
rules  the  Constitutional  Convention  adjourned  until  1() 
o'clock  to-morrow. 


196 


Journal  of  Alabama 


THIRTEENTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Tbiirsday,  June  6,  1901. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Provence  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almon, 

Altman, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (CollDert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 


Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

deCxi'atfenried, 

Duke,  , 

Eley, 

Eyster, 

Espy,    . 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 


Constitutional  Convention. 


197 


Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomerj^), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

J^ocklin, 

LoAve  ( Lawrence ) , 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 


Pettus, 

PhillipSy 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Renfro, 

Reynolds  ( Chilton) y 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A  , 

Smith,  Morgan  M.,. 

Sollie, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Tliompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weatherly, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour),. 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington), 

Winn— 138. 


198  Journal  of  Alabama 

leave  of  absence.  ' 

Was  granted  to  Messrs.  Williams,  of  Elmore,  for  to- 
day; Bulger,  for  to-day;  O'Neal,  of  Lauderdale,  for  to- 
day; Byars,  indefinitely;  Smith,  Mac.  A.,  for  to-morrow; 
Davis,  of  DeKalb,  for  to-morrow  and  Saturday;  Long, 
of  Walker,  indefinitely ;  Loniax,  for  to-da}- ;  Locklin,  for 
to-day. 

COMMITTEE    GRANTED   LEAVE   TO    SIT    DURING   SESSION. 

On  motion  of  Mr.  White,  the  Committee  on  Sutfrage 
and  Elections  were  granted  leave  to  sit  during  the  ses- 
sion of  to-day. 

SUSPENSION  OF  THE  RULES. 

Mr.  deGraffenried  moved  that  the  rules  be  suspended 
in  order  that  he  could  make  a  motion  to  postpone  the 
consideration  of  the  ordinances  and  resolutions  report- 
ed from  the  Committee  on  Municipal  Corporations,  and 
now  upon  the  calendar. 

Mr.  Samford  moved  as  a  substitute  for  the  motion  of 
Mr.  deGraffenried  that  the  rules  be  suspended  and  that 
the  further  consideration  of  the  ordinances  and  resolu- 
tions reported  from  the  Committee  on  Municipal  Cor- 
porations, and  now  upon  the  calendar,  be  postponed 
until  the  Committee  on  Municipal  Corporations  shall 
have  reported  a  full  and  complete  article  touching  said 
subject. 

Mr.  deGraffenried  accepted  the  substitute  for  his  mo- 
tion. 

The  rules  were  suspended,  and  the  motion  of  Mr. 
Samford  prevailed. 

STENOGRAPHIC  REPORT. 

Mr.  Robinson  called  the  attention  of  the  Convention 
to  the  fact  that  ordinance  No.  78,  "An  ordinance  to  regu- 
late the  granting  of  franchises  by  municipal  corpora- 
tions. 

"Be  it  ordaiped  bv  the  people  of  Alabama  in  Conven- 
tion assembled,  that    no    municipal    corporation    shall 


Constitutional  Convention.  199 

'grant  an  exclusive  franchise  to  an  individual  or  private 
corporation  unless  an  election  be  held  under  the  laws 
regulating  municipal  elections,  and  a  majority  of  the 
qualified  voters  voting  at  such  election  vote  for  the  grant- 
ing of  such  franchise,''  which  was  reported  adversely 
on  yesterday  by  the  Committee  on  Municipal  Corpora- 
tions, and  the  action  of  the  Convention  in  tabeling  the 
same,  did  not  appear  in  the  stenographic  report  of  the 
proceedings  of  yesterday,  the  twelfth  day. 

The  President  ordered  the  report  corrected  accord- 
ingly. 

report  of  committee  on  journal. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  twelfth 
•day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  CJtainuan. 

The  report  of  the  committee  was  concurred  in. 

QUESTION   OF   PRIVILEGE. 

Mr.  Sloan  arose  to  a  question  of  personal  privilege, 
and  stated  that  his  postofifice  address  as  shown  in  the 
records  of  this  Convention  w^as  incorrect  in  that  it  gave 
his  postoffice  address  at  Sloan,  when  it  should  be  One- 
onta. 

The  President  ordered  the  necessary  correction  made. 

RESOLUTIONS  ON  FIRST  READING. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length  and  referred  to  appropriate 
committees,  as  follows : 

Resolution  123,  by  Mr.  Foster: 

Whereas,  This  Convention  has  now  been  in  session 
two  weeks,  and  a  great  many  ordinances  have  been  intro- 


200  Journal  of  Alabama 

diiced  aud  referred  to  the  several  committees,  and 

Whereas,  the  ordinances  heretofore  introduced  rehite- 
to  the  amending  of  only  a  few  of  the  provisions  of  the 
present  Constitution,  thus  manifesting  the  desire  of  the 
delegates  to  retain  intact  most  of  the  provisions  of  the 
present  Constitution,  and 

Whereas,  longer  and  more  frequent  sessions  of  the 
several  committees  are  necessary  to  expedite  the  work 
of  this  Convention;  therefore,  be  it 

Resolved,  First — That  after  the  10th  day  of  June  inst. 
no  ordinances  proposing  amendments  to  the  present 
Constitution,  or  additions  thereto,  shall  be  introduced 
before  the  Convention. 

Second — That  when  the  Convention  adjourns  on  the 
10th  inst.  it  recess  for  one  week. 

Third — That  the  several  standing  committees  shall, 
during  such  recess,  hold  daily  sessions,  and  shall  on  the 
first  day  of  the  meeting  of  the  Convention  after  such 
recess,  report  back  to  the  Convention,  for  its  action, 
articles  or  chapters,  for  the  proposed  new  Constitution, 
which  relate  to  or  affect  the  subjects  indicated  by  the 
titles  of  the  respective  committees. 

Fourth — That  such  articles  or  chapters  so  reported 
shall  l)e  typewritten  and  in  a  completed  or  entire  form, 
and  subdivided  into  sections,  such  sections  being  con- 
secutively numbered,  after  the  manner  of  the  present 
Constitution. 

Fifth — That  nothing  herein  contained  shall  be  con- 
strued so  as  to  prevent  any  delegate  from  proposing 
amendments  to  the  reports  of  the  several  committees. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  No.  124,  by  Mr.  Sanders: 

Resolved,  That  hereafter  all  requests  for  leaves  of 
absence  shall  be  in  writing,  and  laid  upon  the  Presi- 
dent's desk  each  morning  before  the  assembling  of  the 
Convention.  The  President  shall  annoiince  the  names 
of  those  for  whom  leave  of  absence  is  sought,  and  if 
there  is  no  objection,  leaves  shall  be  granted.  Said  re- 
quest may  be  proffered  by  any  member  for  otlier  mem- 
bers. 


Constitutional  Convention.  201 

Tlie  resolution  was  referred  to  the  Committee  on 
Eules. 

Mr.  Sanders  moved  that  the  rules  he  suspended  and 
that  the  resolution  be  adopted. 

The  motion  was  lost,  and  the  resolution  was  referred 
to  the  Committee  on  Knles. 

Resolution  125,  by  Mr.  Jackson : 

Ilesolved,  That  all  ordinances  or  resolutions  referred 
to  the  Committee  on  Rules  and  reported  back  to  this- 
Comention  without  action  thereon  by  said  committee, 
sliall  be  placed  upon  the  calendar,  to  be  called  uj)  in 
their  regular  order. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  No.  126,  by  Mr.  Kirk : 

Relating  to  the  formation  of  new  counties. 

Resolved,  That  in  the  Constitution  to  be  framed  by 
this  Convention,  it  shall  be  provided  that  no  new  county 
shall  be  formed  of  less  extent  than  six  hundred  square 
miles,  as  now  provided  by  the  Constitution  of  1875. 

The  resolution  was  referred  to  the  Committee  on 
State  and   County   Boundaries. 

Resolution  127,  by  Mr.  Mac.  A.  Smith,  of  Autauga  r 

Resolved,  That  whenever  a  committee  has  voted  ad- 
versely to  an  ordinance,  resolution,  petition  or  memor- 
ial which  has  been  referred  for  its  consideration,  such 
adverse  action  need  not  be  reported  by  the  Committee 
to  the  Convention  unless  the  same  be  called  for  by  a 
vote  of  one-fifth  of  the  members  present,  when  such  or- 
dinance, resolution,  petition  or  memorial  shall  then  be 
reported  by  the  Committee,  with  its  adverse  action  there- 
on, and  the  same  shall  be  placed  on  the  calendar  and 
come  up,  in  regular  order,  for  consideration  by  the  Com- 
mittee. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  128,  by  Mr.  Williams,  of  Elmore : 

To  base  I'epresentation  in  the  General  Assembly  of 
Alabama  upon  the  voting  population  of  the  various 
counties  of  the  State. 


202  Journal  of  Alabama 

Be  it  resolved  by  this  Convention,  Tliat  all  represen- 
tation in  the  Greneral  Assembly  of  Alabama  shall  be 
fixed  by  this  Convention  and  be  based  upon  the  voting 
population  of  the  several  respective  counties  of  the 
-State. 

The  resolution  was  referred  to  the  Committee  on 
Eepresentation. 

Kesolution  129,  by  Mr.  Gates: 

Resolved,  That  the  Committee  on  Legislative  Depart- 
ment be  authorized  to  employ  a  clerk  for  so  long  as  said 
committee  may  need  his  services. 

Mr.  Brooks  moved  that  the  rules  be  suspended  and 
the  resolution  be  adopted. 

The  motion  prevailed,  and  the  rules  were  suspended 
and  the  resolution  was  adopted. 

Resolution  130,  by  Mr.  Carmichael,  of  Colbert: 

Resolved,  That  hereafter  the  committees  of  the  Con- 
vention shall  not  report  to  the  Convention  ordinances 
and  resolutions  which  have  been  adversely  acted  upon; 
provided,  any  member  of  the  Convention  may  on  any 
day  immediateh'  after  the  report  of  the  committee  to 
which  an  ordinance  has  been  referred  and  adversely 
acted  upon,  move  to  recall  said  ordinance  from  said  com- 
mittee, and  said  ordinance  may,  upon  a  majority  vote 
of  the  Convention,  be  placed  upon  the  calendar  for  con- 
sideration by  the  Convention;  provided,  this  resolution 
shall  not  apply  to  the  Committee  on  Rules. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

POINT   OF   ORDER. 

Mr.  Cofer  raised  the  point  of  order  that  no  quorum 
had  voted  on  the  motion  of  Mr.  Brooks  to  suspend  the 
rules  and  adopt  resolution  129. 

Mr.  Heflin  rait^ed  the  point  of  order  that  Mr.  Cofer 
was  out  of  order,  in  that  his  (Cofer's)  motion  came  too 
late,  other  business  having  intervened. 

The  point  of  order  of  JMr.  Heflin  was  sustained. 


Constitutional  Convention,  203 

ordinances  on  first  reading. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows: 

Ordinance  320,  bv  Mr.  Banks: 

Providing  for  the  collection  of  taxes. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  321,-  by  Mr.  Espy : 

To  amend  Section  1  of  Article  VI  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  322,  by  Mr.  Foshee : 

Providing  that  the  representation  be  based  on  the 
white  population  onh'. 

The  ordinance  was  referred  to  the  Committee  on 
Representation. 

Ordinance  323,  by  Mr.  Grayson : 

To  I'epeal  Section  8  of  Article  XI  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  324,  by  Mr.  Harrison: 

To  amend  Section  21  of  Article  IV  of  the  Constitu- 
tion. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative   Department. 

Ordinance  325,  by  Mr.  Heflin,  of  Randolph : 

To  amend  Sections  3,  5,  and  6,  of  Article  IV  of  the 
Constitution  of  Alabama. 

The  ordinance  was ,  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  326,  by  Mr.  Miller,  of  Wilcox : 

To  provide  for  the  election  of  County  Superintendent 
of  Education,  and  the  County  Board  of  Education,  and 
to  define  their  duties. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  327,  by  Mr.  Pearce : 

That  after  the  adoption  of  this  Constitution  no  person 
learned  in  the  law  shall  be  eligible  to  hold  any  oflice 
under  the  State  except  of  a  judicial  nature. 


204  Journal  of  Alabama 

The  ordinance  was  referred  to  the  Committee  on; 
Judiciary. 

Ordinance  328,  by  Mr.  W.  H.  Samford : 

To  amend  Section  21,  Article  I  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  329,  by  Mr.  J.  AY.  A.  Sanford : 

To  strike  out  Section  35  from  the  Declaration  of 
Eights. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  330,  by  Mr.  Watts: 

To  require  the  General  Assembly  to  enlarge  the  State 
Capitol  grounds. 

The  ordinance  was  referred  to  the  Committee  on: 
Legislative  Department. 

Ordinance  331,  by  Mr.  Williams,  of  Marengo : 

To  regulate  the  conveying  of  homesteads  by  executory 
contract. 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

REPORT  OF   STANDING   COMMITTEES. 

The  several  standing  committees  were  called  for  re- 
ports, but  none  were  submitted. 

ADJOURNMENT. 

On  motion  of  Mr.  Waddell,  the  Convention  adjourned 
until  to-morrow  morning  at  10  o'clock  a.  m. 


FOURTEENTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Friday,  June  7,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Praver  was  offered  by  Rev.  Mr.  Elliott  of  the  citv. 


Constitutional  Convention. 


205 


ROLL   CALL. 


On  a  call  of  the  roll  of  the  Convention,  the  following 
deleoates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burnett, 

Burns, 

■Cardon, 

Carmichael  ( Colbert ) , 

Carmichael  (Coffee), 

'Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (Etowah), 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

FerguEon, 


Fitts, 

Fletcher, 

Foshee, 

Foster, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 


206 


Journal  of  Alaba^ia 


Long  (Butler), 

Lowe  (Jefferson), 

Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Mai  one, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo). 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

XeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neill  (Jefferson), 

O'Neal  (Lauderdale), 

Opp, 

O'liear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettns, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Renfro, 


Re^'nolds  (Chilton),. 

Reynolds  (Henry), 

Robinson, 

Rogers  ( Lowndes ) , 

Rogers  (Sumter), 

Sanders', 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Morgan  M.y 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Stud  da  rd, 

Taylne, 

Thompson, 

Vauohan, 

Waddell, 

Walker, 

Weakley, 

Weatherlv, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington), 

Winn— 141. 


LEAVE  OF  ABSENCE 


Was  granted  to  Messrs.  Carnathon,  indefinitely ;  Nor- 
Avood,  for  to-morrow;  Freeman,  until  Tuesday;  Bethune, 
for  to-morrow;  Martin,  for  to-morrow;  Bartlett.  for  to- 


Constitutional  Convention.  207 

iiiurrow  and  Monday;  Ledbetter,  for  to-day  and  to-mor- 
row ;  Smitli,  M.  M.,  of  Autauga,  to-morrow  and  ^londay ;. 
Burnett,  for  to-morrow;  Kirkland,  for  to-morrow  and 
Monday;  Bulger,  for  to-day;  Renfroe,  for  to-morrow; 
Palmer,  for  to-morrow  and  Monday;  Sentell,  indefinite- 
ly ;  Vaug-han,  for  to-morrow ;  Cobb,  for  yesterday ;  How- 
ell, for  yesterday ;  lieigh,  for  to-morrow ;  Heflin,  of  Ran- 
dolph, for  to-morrow;  Craig,  for  to-morrow  and  Mon- 
day. 

COMMITTEE    GRANTED   LEAVE   TO    SIT    DURING   SESSION. 

On  motion  of  Mr.  Coleman,  of  Greene,  the  Committee 
on  Suffrage  and  Elections  was  granted  leave  to  sit  dur- 
ing to-day's  session. 

MOTION  TO  ADJOURN. 

Mr.  Renfro  moved  that  when  the  Convention  adjourn 
to-day  that  it  adjourn  until  12  o'clock  on  Monday. 
The  motion  was  lost. 

REPORT   OE   COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  thirteenth 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor^  Chainnan. 

The  report  of  the  committee  was  concurred  in. 

REPORT  OF  COMMITTEE  ON  RULES. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  submitted  the  following  report : 

The  Committee  on  Rules  begs  leave  to  report  that  it 
has  had  under  consideration  the  resolutions  hereinafter 
mentioned,  and  begs  to  report  thereon  as  follows : 

The  committee  reports  back  to  the  Convention  reso- 
lution number  114,  introduced  by  Mr.  Sanford,  of  Mont- 


208  Journal  of  Alabama 

gomerv,  Avitliout  recommendation  on  its  part,  for  the 
-action  of  the  Convention, 

The  committee  herewith  returns  to  the  Convention 
the  resolution  hereinabove  mentioned. 

Mr.  Sanford  moved  that  the  resolution,  114,  be 
adopted  by  the  Convention. 

The  motion  was  lost. 

RESOLUTIONS  ON  FIRST  READING. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length  and  referred  to  appropriate 
committees,  as  follows : 

Eesolution  131,  by  Mr.  Burns: 

Kesolved  first.  That  the  Committee  on  Judiciary  be 
requested  to  frame  an  ordinance  that  will  prohibit  Jus- 
tices of  the  Peace  trying  or  finally  disposing  of  criminal 
•cases  wherein  they  are  entitled  to  fees  or  costs,  to  define 
their  jurisdiction,  as  to  territory  and  misdemeanors. 

Resolved  second.  That  it  is  the  sense  of  this  Conven- 
tion that  no  judicial  officer  should  ever  be  interested  in 
the  termination  or  result  of  any  case,  criminal  or  civil, 
over  which  he  may  have  jurisdiction;  and  that  he  should 
be  paid  the  sum  of  |3  for  each  criminal  case  brought  be- 
fore and  legally  disposed  of  by  him,  to  be  paid  through 
the  Probate  Judge  of  his  county. 

The  resolution  was  referred  to  the  Committee  on 
Judiciary. 

Eesolution  132,  by  Mr.  Carmichael,  of  Colbert : 

Eesolved,  That  the  Committee  on  Order,  Consistency 
and  Harmony  of  the  Constitution  shall  include  in  its 
report  of  the  proposed  Constitution  all  of  the  provisions 
of  the  present  Constitution  not  amended ,  altered, 
changed  or  stricken  out,  as  well  as  all  amendments, 
changes  and  additions  that  may  be  made  to  the  present 
Constitution. 

The  resolution  was  referred  to  the  Committee  on 
Eules. 

Eesolution  133,  by  Mr.  Carmichael,  of  Colbert : 

Eesolved,  That  the  several  standing  committees  shall 
not  report  to  the  Convention  any  ordinance  unless  the 


Constitutional  Convention.  209 

^same  ameuds,  cliauges,  alters  or  adds  to  the  present  Con- 
stitution, or  strilces  out  parts  thereof,  and  when  so  re- 
porting shall  only  report  the  section  amended,  changed 
or  altered  of  the  proposed  addition. 

The  resolution  was  referred  to  the  Committee  on 
JRules. 

Eesolutiou  134,  by  Mr.  Jones,  of  Montgomerv: 

Resolved,  That  the  President  express  to  Grovernor  W. 
J.  Samford  the  deep  interest  of  the  members  of  this  Con- 
vention in  his  welfare,  and  their  earnest  wishes  for  his 
speedy  restoration  to  health. 

On  motion  of  Mr.  Jones,  of  Montgomery,  the  rules 
Avere  suspended  and  the  resolution  was  unanimously 
adopted  by  a  rising  vote. 

Resolution  135,  by  Mr.  Knight: 

A  resolution  to  abolish  the  offices  of  State  and  County 
Back  Tax  Commissioners : 

Resolved,  That  the  Constitution  about  to  be  framed 
shall  contain  a  provision  abolishing  the  offices  of  State 
and  County  Back  Tax  Commissioners. 

The  resolution  was  referred  to  the  Committee  on 
Executive  Department. 

Resolution  136",'  by  Mr.  Proctor  : 

Resolved,  That  on  and  after  the  passage  of  this  reso- 
lution, all  requests  for  leave  of  absence  shall  be  reduced 
to  writing,  and  sent  to  the  Secretary's  desk  by  12  o'clock 
of  each  day,  and  passed  on  by  the  Convention  at  that 
hour.  And  that  no  other  requests  for  absence  shall  be 
considered  at  any  other  time. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  137,  by  Mr.  Williams,  of  Elmore: 

To  provide  for  the  distribution  or  disposal  of  the  poll 
taxes  collected  under  the  suffrage  clause  adopted  by 
1:his  Convention. 

Be  it  resolved,  That  if  this  Convention  adopts  the 
payment  of  a  poll  tax  as  a  requisite  qualification  to 
suffrage,  that  said  poll  taxes  shall  be  applied  to  the  sup- 
port of  the  public  schools  in  the  counties  in  which  such 
ttaxes  are  levied  and  collected. 
1:4 


210  Journal  of  Alabama 

Tlie  resolution  was  referred  to  the  Committee  on. 
Education. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows: 

Ordinance  332,  by  Mr.  Blackwell : 

To  amend  Article  VIII  of  the  Constitution,  regulat- 
ing the  right  to  vote  by  striking  out  the  whole  of  said, 
article. 

The  ordinance  was  referred  to  the  Committee  on 
Sutfrage  and  Elections. 

Ordinance  333,  l)y  Mr.  Lomax.  of  Montgomery : 

To  amend  the  Constitution  of  Alabama  by  adding  to 
Article  IV  a  section. 

The  ordinance  was  referred  to  the  Committee  on 
Local  Legislation. 

Ordinance  No.  334,  by  ]Mr.  NeSmith,  by  request : 

To  amend  Article  VIII  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  335,  by  Mr.  Porter : 

To  repeal  Section  7  of  Article  X  of  the  Constitution 
of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

Ordinance  336,  by  ^Ir.  Reynolds,  of  Chilton: 

To  regulate  and  contrcd  the  employment  of  children 
in  factories  and  other  public  works. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  337,  by  ^Mr.  Reynolds,  of  Chilton : 

To  anu^nd  Section  5  of  Article  VIII  of  the  Constitu- 
tion of  the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  338,  by  :Mr.  Reynolds,  of  Chilton: 

To  amend  Section  2  of  Article  VTII  of  the  Constitu- 
tion of  Alabama. 


Constitutional  Convention.  211 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  339,  by  ^Ir.  IJevuolds,  of  Chilton: 

To  amend  Article  VIII  of  the  Constitution  of  the 
State  of  Alabama,  by  adding*  new  sections  8  and  9. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  340,  by  Mr.  J.  W.  A.  Sanford : 

To  amend  Section  31  of  Article  IV  of  the  Constitu- 
tion of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  341,  by  Mr.  M.  M.  Smith,  of  Autauga : 

For  the  e(]nitable  distribution  of  the  surplus  moneys 
arising  from  the  sale  of  fertilizer  tags. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

memorials. 

The  following  memorial  was  offered  by  Mr.  Pillans, 
)f  ^NFobile,  by  liMjuest,  and  the  same  was  read  at  length 
and  referred  to  the  Committee  on  Suffrage  and  Elec- 
tions : 

Mr.  Pre-siclcnf,  and  Memhcrs  of  the  Coiisititufioiial 
Convention,  Montf/onicry : 

Dear  Sirs — Perhaps  the  most  important  matter  to  be 
considered  by  your  august  body  is  the  question  bearing 
on  the  civil  and  political  rights  of  the  negro. 

Speaking  as  an  ex-slave,  a  native  of  Alabama,  with  an 
experience  as  a  public  man  covering  a  period  of  nearly 
thirty  years,  all  of  which  time  has  been  spent  in  the 
moral,  educational  and  religious  interests  of  my  race, 
permit  me  to  say,  that  every  law-abiding,  property-hold- 
ing, intelligent  negro  in  Alabama,  every  one  with  a 
family,  and  contributes  by  his  material  wealth  and 
worth  to  the  common  wealth  and  worth  of  our  great 
State — is  looking  with  abiding  faith  to  your  Convention, 
and  hoping  that  in  the  framing  of  the  organic  law  of 
Alabama,  you  will  recognize  the  following  facts : 


212  Journal  of  Alabama 

First — That  the  negro  and  the  Southern  white  man, 
in  the  province  of  God,  are  here  together,  and  here  to 
sta}'. 

Second — Tlie  interests  of  the  two  races  are  identical, 
and  like  the  Union  of  the  States,  "one  and  inseparable," 

Third — The  intelligent,  law-abiding  negro  is  a  patrio- 
tic and  loyal  citizen  of  his  State. 

Fourth — The  law-abiding  negro  has.  used  well  the 
privileges  granted  him  in  acquiring  education,  in  accu- 
mulating property,  in  establishing  himself  in  the  con- 
fidence of  his  neighbors,  and  in  elevating  himself  as  a 
citizen. 

Fifth — The  intelligent  and  law-abiding  negro  in  every 
community  where  he  lives  seeks  to  aid  an  approbation 
of  his  sympathetic  and  fair-minded  white  neighbor. 

Sixth— The  feeling  of  amity  and  mutual  dependence 
between  the  better  classes  of  the  two  races  is  growing 
stronger  in  every  community  where  their  interests  merge 
into  each  other. 

Seventh — The  better  class  of  colored  people  strongly 
desire  to  unite  with  the  better  class  of  white  people  on 
common  grounds  of  the  material  and  the  economic  ad- 
vancement of  our  great  and  resourceful  State. 

Eighth — The  intelligent  negro,  conscious  of  the  liber- 
ality and  partiality  of  the  white  tax  payers  of  the  State 
is  grateful  for  the  enormous  expenditure  of  money  upon 
the  common  schools  of  his  race — a  sum  far  exceeding 
the  amount  paid  into  the  treasury  by  the  tax  payers  of 
his  own  race.  This  of  itself,  by  the  law  of  gratitude, 
binds  us  to  our  white  fellow  citizens  with  ties  which 
only  the  white"  Southern  man  himself  can  sever. 

Ninth — Last,  but  not  least,  the  better  classes  of  the 
two  races  in  the  South  are  closer  together  now,  and 
understand  each  other  better  than  in  any  other  period 
since  the  days  of  reconstruction. 

Now,  if  you  admit  the  above  statement  of  facts,  allow 
me  to  respectfully  ask  of  your  august  body : 

That  you  so  frame  your  organic  law  on  the  suffrage 
and  school  questions  that  the  intelligent,  struggling, 
honest,  law-abiding,  patriotic  negro  citizen  will  be  en- 
couraged in  his  efforts  to  elevate  himself  to  a  standard 


Constitutional  Convention.  213 

worthy  the  name  of  Southern  citizenship — a  standard 
at  once  reflecting  credit  on  himself  and  his  great  State. 

By  doing  this  you  will  not  only  justify  the  abiding 
faith  of  your  ''Brother  in  Black,"  but  your  names  will 
go  down  with  honor  to  posterit}^,  and  in  the  ages  to  come, 
generations  will  rise  up  and  call  you  blessed. 

Ivespectfully  submitted, 

A.  F.  Owens^  Pastor,  Etc. 
Mobile,  June  6th,  1901. 

REPORTS  OF  STANDING  COMMITTEES.  " 

Mr.  Jones,  of  Montgomery,  chairman  of  the  Commit- 
tee on  Executive  Department,  submitted  the  following 
report : 

Mr.  President : 

The  Committee  on  the  Executive  Department  in- 
structs me  to  report  herewith  an  ordinance  to  take  the 
place  of  the  article  in  the  present  Constitution  on  the 
subject. 

The  c(jmmittee  has  not  deemed  it  necessary  to  report 
specially  upon  the  several  ordinances  or  resolutions  re- 
ferred to  it.  All  of  them  have  been  maturely  considered, 
and  the  principles  of  some  have  been  incorporated  in  the 
article.  The  reading  of  the  article  as  reported,  will  en- 
able the  Convention  and  the  authors  of  the  ordinances 
and  resolutions  referred  to  us  to  see  how  far  their  re- 
spective suggestions  have  been  adopted.  These  ordi- 
nances and  resolutions  are  lierewith  respectfully  re- 
turned. 

The  material  changes  reported  are  as  follows : 

The  office  of  Lieutenant  Governor  is  created.  The 
name  of  the  office  of  Commissioner  of  Agriculture  is 
changed  to  that  of  Commissioner  of  Agriculture  and  In- 
dustries, and  both  are  made  officers  of  the  Executive 
Department.  The  terms  of  the  officers  of  the  Executive 
Departnumt  elected  hereafter  are  lengtheild  from  two 
to  four  years.  The  Lieutenant  Governor,  the  Commis- 
sioner of  Agriculture  and  Industries,  and  the  Superin- 
tendent of  Education  are  included  among  the  officers, 
the  returns  of  whose  election  are  required  to  be  directed 


214  Journal  of  Alabama 

to  the  Speaker.  To  remove  imeertaintv  as  to  the  Speak- 
er's powers  and  duties  under  Section  4,  in  counting  the 
votes,  it  is  provided  that  his  duties  are  ministerial^  and 
his  decisions  subject  to  the  control  of  the  Joint  (?on- 
vention.  The  officers  of  the  Executive  Department,  after 
the  first  election  under  the  Constitution,  are  made  ineli- 
gible to  succeed  themselves.  The  Governor  is  made  in- 
eligible to  any  office  under  this  State  within  one  year 
after  the  expiration  of  his  term;  and  his  acceptance  of 
the  office  is  a  pledge  to  the  people  not  to  accept  an  elec- 
tion or  appointment  to  the  Senate  of  the  United  States 
during  his  term,  or  at  any  time  within  one  year  there- 
after. The  salary  of  the  Governor  is  fixed  at  five  thou- 
sand dollars  per  annum,  to  take  effect  on  the  adoption 
of  the  Constitution,  and  the  article  contains  the  usual 
limitations  upon  the  legislative  power  to  increase  or 
diminish  the  compensation  of  the  Executive  Officers 
during  their  term. 

Section  9  of  the  present  article  of  the  Constitution 
has  been  amended  to  provide  for  the  case  of  a  refusal 
to  give  information  when  required  by  the  Governor. 

A  Board  of  Pardons  is  created,  to  meet  on  the  call 
of  the  Governor,  which  shall  sit  in  public,  before  whom 
shall  be  laid  all  recommendations  or  petitions  for  com- 
mutations, pay  rolls  or  pardons  in  cases  of  felony,  which 
Board  must  advise  with  the  Governor;  after  ^^'hich,  or 
delay  to  act  for  more  than  sixty  days,  the  Governor  may 
act  as  to  him  seems  best  for  the  public  interest.  He  is 
also  required  to  report  to  the  General  Assembly,  the 
opinions  of  t]n'  Board  of  Pardons,  as  well  as  his  own  reas- 
ons, in  all  cast  s  of  felony,  in  which  he  acts  favorably. 

Section  13  of  the  present  Constitution  has  been 
amended  so  as  to  authorize  the  two  Houses,  when  the 
Governor  vetoes  a  bill,  to  amend  it  to  meet  his  object- 
ions, instead  of  passing  it  over  his  veto.  The  (xovernor 
is  given  ten  davs  after  final  adjournment  in  which  to 
approve  bills,  liefore  him  at  that  time.  A  recess  of  the 
General  Asseml»ly,  as  well  as  adjournment,  excuses  the 
Governor  from  returning  a  bill  witlJn  six  days,  the  time 
fixed  in  the  article  within  which,  if  the  General  Assem- 
bly is  in  session,  the  Governor  must  return  a  bill,  or  it 


Constitutional   Convention.  215 

i\dll  become  a  law.  Section  14  provides  tlie  procedure 
in  case  of  a  veto  of  a  part  of  an  appropriation  bill  to  re- 
move doubt,  heretofore  existing,  whetlier  the  organic  bill 
; shall  be  returned  in  such  case. 

Careful  provision  is  made  in  Section  15,  defining-  the 
order  of  succession  when  the  Governor  dies,  resigns  or 
is  removed  from  office,  and  when  he  is  impeached,  or  ab- 
sent or  under  other  disabilities;  and  specific  provision 
is  made  for  the  contingency  of  the  rTOvernor-elect's  fail- 
ure or  refusal,  or  that  of  the  Lieutenant  Governor- 
€lect,  to  qualify,  from  any  cause,  and  the  succession  de- 
fined in  that  event. 

Section  1(>  is  a  new  provision,  to  nu^et  the  contingency 
of  the  Governor  or  other  officer  administering  the  office 
■of  Governor,  becoming  of  unsound  mind,  and  provides 
for  the  ascertainment  thereof.  Similar  provision  is 
made  Avith  reference  to  the  other  officers  of  the  Execu- 
tive Il'epartment. 

Section  20  is  a  new  section,  prohibiting  the  Governor 
from  appointing  any  member  of  the  General  Assembly 
to  ofiice  during  the  term  for  Avhich  the  member  shall 
have  been  elected. 

A  new  section  has  been  added,  constituting  the  Gover- 
nor, Lieutenant  Governor  and  Attorney  General  a  Board 
of  Conciliation,  with  provision  for  the  addition  of  two 
citizens  in  each  case,  if  thought  proper,  for  the  adjust- 
ment of  differences  between  employer  and  employe. 
The  finding  of  the  Board  is  to  be  advisory  merely ;  unless 
both  parties  have  agreed  in  writing,  in  advance,  to  per- 
form the  award,  when  it  may  be  enforced  by  proceed- 
ings in  the  courts,  under  rules  and  regulations  to  be 
prescribed  by  law. 

A  new  section  has  also  been  added  allowing-  the  Gov- 
ernor, Auditor  and  Treasurer,  or  the  Governor  and 
either  of  the  other  officers,  when  there  is  a  surplus  in  the 
Treasury,  not  immediately  needed,  to  loan  it  out  on  call, 
or  for  such  time  as  they  may  deem  advisable,  taking 
lionds  of  the  United  States  or  of  this  State  as  collateral 
to  the  full  amount  loaned,  with  interest,  and  providing 
liow  such  loan  shall  be  made. 


216  Journal  of  Alabama. 

The  section  regarding  Sheriffs  has  been  amended,  to 
provide  in  substance :  If  a  prisoner  is  taken  from  the- 
custody  of  the  law,  owing  to  the  neglect,  connivance^ 
cowardice  or  other  grave  fault  of  the  Sheriff,  and  is  put. 
to  death  or  suffers  grievious  bodily  harm,  the  Sheriff 
may  be  impeached  before  the  Supreme  Court,  and  the 
Grovernor  is  authorized,  after  hearing,  to  suspend  the 
Sheriff  from  office,  until  the  impeachment  proceedings 
are  determined. 

The  committee  refrains  from  discussing  at  this  time 
the  reasons  for  the  changes  reported ;  since  the  merits 
or  demerits  of  the  amendments  will  readily  occur  to  the 
members,  and  be  fully  disclosed  and  discussed  when  the 
proposed  article  is  passed  upon  by  the  Convention. 
Upon  three  of  the  amendments,  the  members  of  the  com- 
mittee are  not  all  agreed ;  and  as  to  these  the  dissenting 
members  reserve  liberty  of  action,  without  now  making 
a  final  minority  report. 

Thomas  G.  Jones,  Chairman. 

The  undersigned  member  of  the  Committee  on  Execu- 
tive Department  does  not  concur  in  the  report  of  the 
Committee  as  to  Sections  7  and  27,  and  he  offers  as  a 
substitute  for  Section  7  the  following: 

Sec.  7.  The  Governor,  Lieutenant  Governor,  Secre- 
tary of  State,  State  Auditor  and  Attorney  General  shall 
receive  compensation  for  their  services  which  shall  be 
fixed  by  law,  and  which  shall  not  be  increased  or  dimin- 
ished during  the  term  for  which  they  shall  have  been 
elected,  and  shall,  except  the  Lieutenant  Governor,  re- 
side at  the  State  Capitol  during  the  time  they  continue 
in  office,  except  in  cases  of  epidemic. 

And  he  further  recommends  that  Section  27  (which 
relates  to  the  loaning  of  money  in  the  State  Treasury) 
as  reported  by  said  committee,  be  stricken  out,  and  do 
not  pass. 

Respectfull.y  submitted, 

Watkins  M.  Vaughan.  . 

An  ordinance  to  create  and  define  the  Executive  De- 
partment. 


Constitutional  Convention.  217-' 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  that  Article  V  of  the  Constitution  be 
stricken  out,  and  the  following  article  inserted  in  lieu 
thereof : 

ARTICLE  V. 

executive  department. 

Section  1.  The  Executive  Department  shall  consist 
of  a  Governor,  Lieutenant  Governor,  Secretary  of  State, 
State  Auditor,  State  Treasurer,  Attorney  General, 
Superintendent  of  Education,  Commissioner  of  Agricul- 
ture and  Industries,  and  a  Sheriif  for  each  county. 

See.  2.  The  supreme  executive  power  of  this  State 
shall  be  vested  in  a  chief  magistrate,  who  shall  be  styled 
"the  Governor  of  the  State  of  Alabama." 

Sec.  3.  The  Governor,  Lieutenant  Governor,  Secre- 
tary of  State,  State  Treasurer,  State  Auditor,  Attorney 
General,  Superintendent  of  Education,  and  Commission- 
er of  Agriculture  and  Industries,  shall  be  elected  every 
four  years  by  the  (j[ualilied  electors  of  this  State^  at  the 
same  time  and  places  appointed  for  the  election  of  mem- 
bers of  the  General  Assembly. 

Sec.  4.  The  returns  of  every  election  for  Governor, 
Lieutenant  Governor,  Secretary  of  State,  State  Auditor, 
State  Treasurer,  Attorney  General,  Superintendent  of 
Education,  and  Commissioner  of  Agriculture  and  Indus- 
tries, shall  be  sealed  up  and  transmitted  by  the  return- 
ing officers  to  the  seat  of  government,  and  directed  to 
the  Speaker  of  the  House  of  Representatives,  who  shall 
during  the  first  Aveek  of  the  session  to  which  said  re- 
turns shall  be  nmde,  open  and  publish  them  in  the  pres- 
ence of  both  Houses  of  the  General  Assembly  in  joint 
convention ;  but  the  Speaker's  duty  shall  be  purely  min- 
isterial, in  this  respect  and  any  objection  to  any  return 
on  account  of  informality,  defect  or  other  cause,  shall 
be  decided  by  the  Speaker,  subject  to  the  control  of  the 
majority  of  the  joint  convention.  The  person  having 
the  highest  number  of  votes  for  either  of  said  offices  shall 
be  declared  duly  elected ; '  but  if  two  or  more  persons 


'218  Journal  of  Alabama 

shall  have  an  equal  and  highest  nnniber  of  votes  for  the 
same  office,  the  General  Assembly,  by  joint  vote,  without 
delay,  shall  choose  one  of  said  persons  for  said  office. 
Contested  elections  for  Governor,  Lieutenant  Governor, 
Secretary  of  State,  State  Auditor,  State  Treasurer,  At- 
torney General,  Superintendent  of  Education,  and  Gom- 
missioner  of  Agriculture  and  Industries  shall  be  deter- 
mined by  both  Houses  of  the  General  Assembly  in  such 
manner  as  nmy  be  prescribed  by  law. 

Sec.  5.  The  Governor,  Lieutenant  Governor.  Secre- 
tary of  State,  State  Treasurer,  Attorney  General,  State 
Auditor,  Superintendent  of  Education,  and  Commis- 
sioner of  Agriculture  and  Industries  shall  hold  their  re- 
spective offices  for  the  term  of  four  years  from  the  first 
day  of  December  of  the  3'ear  in  which  they  shall  have 
Ijeen  elected,  and  until  their  successors  shall  be  elected 
and  qualified,  and  after  the  first  election  under  this 
Constitution  neither  of  them  shall  be  eligible  as  his  own 
successor;  and  the  Governor  shall  not  be  eligible  to 
election  to  any  office  under  this  State  within  one  3'ear 
after  the  expiration  of  lis  term ;  and  his  acceptance  of  the 
office  of  Governor  shall  be  a  pledge  to  the  people  not  to 
accept  an  election  or  appointment  to  the  Senate  of  the 
United  States  at  any  time  during  his  term,  or  within 
one  year  thereafter. 

Sec.  6.  The  Governor  and  Lieutenant  Governor  shall 
each  be  at  least  thirty  years  of  age  when  elected,  and 
shall  have  been  citizens  of  the  United  States  ten  years 
and  resident  citizens  of  this  State  at  least  seven  years 
next  before  the  date  of  their  election.  The  Lieutenant 
Governor  shall  be  ex-officio  President  of  the  Senate, 
which  shall  elect  a  President  pro  tem  from  among  its 
own  members,  who  shall  discharge  the  duties  of  the 
Lieutenant  Governor  in  the  Senate,  whenever  he  is  ab- 
sent or  disqualified. 

Sec.  7.  The  Lieutenant  Governor,  Secretary  of  State, 
State  Auditor,  State  Treasurer,  Attorney  General,  Su- 
perintendent of  Education,  and  Commissioner  of  Agri- 
culture and  Industries,  shall  receive  compensation  for 
their  services,  which  shall  be  fixed  by  law,  and  which 
shall  not  be  increased  or  diminished  during  the  term  for 


Constitutional  Convention.  219 

"wliicli  tlwy  have  been  elected,  and  with  the  exception 
of  the  Lieutenant  Oovernor,  shall  reside  at  the  Capital. 
After  the  adoption  of  this  Constitution,  the  compensa- 
tion of  the  G-overnor  shall  be  five  thousand  dollars  per 
annum,  which  shall  not  be  thereafter  increased  or  di- 
minished during  the  term  for  which  he  shall  have  been 
-elected. 

Sec.  8.  The  Goverucn'  shall  take  care  that  the  laws  be 
faithfull}'  executed. 

!!^ec.  9.  The  Governor  may  require  information  in 
writing,  under  oath,  from  the  officers  of  the  Executive 
Department  named  in  this  article,  or  created  by  statute, 
on  any  subject  relating  to  the  duties  of  their  respective 
offices;  and  he  may  at  any  time  require  information  in 
Avriting,  under  oath,  from  all  officers  and  managers  of 
State  institutions,  upon  any  subject  relating  to  the  con- 
dition, management,  and  expenses  of  their  respective 
offices  and  institutions.  Any  such  officer  or  manager 
wdio  makes  a  wilfully  faise  report,  or  fails  without  suffi- 
cient excuse  to  make  such  report  when  demanded,  is 
guilty  of  an  impeachable  offense. 

Sec.  10.  The  Governor  may,  by  proclamation  on  ex- 
traordinary occasions,  convene  the  General  Assembly 
at  the  seat  of  government,  or,  at  a  different  place,  if 
since  their  last  adjournment,  that  shall  have  become 
dangerous  from  an  eneni}^,  insurrection,  or  other  lawless 
outbreak,  or  from  any  infectious  or  contagious  disease; 
he  shall  state  specifically  in  such  proclamation  each 
matter  concerning  wliich  the  action  of  that  body  is 
•deemed  necessary. 

Sec.  11.  The  Governor  sliall,  from  time  to  time,  give 
to  the  General  Assembh'  information  of  the  state  of  the 
government,  and  recommend  to  their  consideration  such 
measures  as  he  may  deem  expedient;  and  at  the  com- 
mencement of  each  regular  session  of  the  General  As- 
send)ly,  and  at  the  close  of  his  term  of  office,  give  in- 
formation, by  written  message,  of  tlie  condition  of  tlie 
State;  and  he  shall  account  to  the  General  Assembly,  as 
mav  be  prescribed  by  law,  for  all  moneys  received  and 
paid  out  by  liim,  or  by  liis  order;  and,  at  the  commence- 
ment of  eacli  regular  session,  he  shall  present  to  the 


220  Journal  of  Alabama 

General  Assembly  estimates  of  the  amount  of  money  re- 
quired to  be  raised  by  taxation  for  all  jjurposes. 

8ec.  12.  The  Governor  shall  have  power  to  remit  fine& 
and  forfeitures,  under  such  rules  and  regulations  as 
may  be  prescribed  by  law;  and,  after  conviction,  to 
grant  reprieves,  paroles,  commutations  of  sentence  and 
IDardons.  The  Attorney  General,  Secretary  of  State  and 
State  Auditor  shall  constitute  a  Board  of  Pardons,  who 
shall  meet  on  the  call  of  the  Governor,  and  before  whom 
shall  be  laid  all  recommendations  or  petitions,  for  par- 
don or  commutations  or  paroles,  in  cases  of  felony;  and 
the  Board  shall  hear  them  in  open  session,  and  give 
their  opinion  in  writing,  to  the  Governor  thereon,  after 
which  or  on  the  board's  failure  to  advise  for  more  than, 
sixty  da3\s,  the  Governor  may  grant  or  refuse  the  com- 
mutation, parole  or  pardon,  as  to  him  seems  best  for 
the  public  interest.  He  shall  communicate  to  the  Gen- 
eral Assembly  at  each  session,  each  case  of  reprieve^ 
commutation,  parole,  or  pardon,  with  his  reasons  there- 
for, and  the  opinion  of  the  Board  of  Pardons  in  each 
case  required  to  be  referred ;  stating  the  name,  the  crime 
of  the  convict,  the  sentence,  its  date,  and  the  date  of  re- 
prieve, commutation,  parole  or  pardon.  Pardons  in 
cases  of  felony  and  other  offenses  involving  the  crimen 
falsi,  shall  not  relieve  from  civil  and  political  disabili- 
ties, unless  specifically  expressed  in  the  pardon. 

Sec.  13.  Every  bill  which  shall  have  passed  both 
Houses  of  the  General  Assembly  shall  be  presented  to 
the  Governor ;  if  he  approve,  he  shall  sign  it ;  but  if  not, 
he  shall  return  it,  with  his  objections,  to  that  House  in 
which  it  shall  have  origiiicVted,  who  shall  enter  the  ob- 
jections at  large  ujwn  the  Journal,  and  proceed  to  re- 
consider it.  If  the  Governor's  message  proposes  amend- 
ment which  would  remove  his  objections,  the  House  to 
which  it  is  sent  may  so  amend  the  liill,  and  send  it  with 
the  Governor's  message  to  the  other  House,  which  may 
adopt,  but  cannot  amend  said  amendment;  and  both 
Houses  concurring  in  the  amendment,  the  bill  shall 
again  be  sent  to  the  Governor,  and  acted  on  by  him  as 
on  other  bills.  If  the  House  to  which  the  bill  is  re- 
turned refuses  to  nuike  such  amendment,  it  shall  proceed. 


Constitutional  Convention.  221 

to  reconsider;  and  if  a  majority  of  the  whole  number 
elected  to  that  House,  shall  vote  for  the  passage  of  the 
bill,  it  shall  be  sent  with  the  objections  to  the  other 
House,  b}'  which  it  shall  likewise  be  reconsidered,  and 
if  approved  by  a  majority  of  the  whole  number  of  that 
House,  it  shall  become  a  law.  If  the  House  to  which  the 
bill  is  returned  makes  the  amendment  and  the  other 
House  declines  to  pass  the  same,  that  House  shall  pro- 
ceed to  reconsider,  as  though  the  bill  had  originated 
therein,  and  such  proceedings  shall  be  taken  thereon  as 
above  provided.  In  every  case,  the  vote  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of 
the  members  voting  for  or  against  the  bill  shall  be  en- 
tered upon  the  Journals  of  each  House  respectively.  If 
any  bill  shall  not  be  returned  by  the  Governor,  Sundays 
excepted,  within  six  days  after  it  shall  have  been  pre- 
sented, the  same  shall  become  a  law  in  like  manner  as 
if  he  had  signed  it,  unless  the  General  Assembly,  by 
their  adjournment  or  recess,  prevent  its  return,  in  wliich 
case  it  shall  not  be  a  law;  but  bills  presented  to  the 
Governor  within  five  days  before  the  adjournment  of  the 
General  Assembly  may  be  approved  by  the  Governor  at 
any  time  within  ten  days  after  the  final  adjournment,  if 
approved  by  the  Governor  at  anj^  time  within  ten  days 
after  the  final  adjournment,  if  approved  and  deposited 
with  the  Secretary  of  State  within  that  time.  Every 
vote,  order  or  resolution  to  which  concurrence  of  both 
Houses  may  be  necessary,  except  questions  of  adjourn- 
ment, and  the  bringing  on  of  elections  by  the  two  Houses, 
and  amending  this  Constitution,  shall  be  presented  to 
the  Governor;  and  before  the  same  shall  take  effect,  be 
approved  by  him ;  or,  being  disapproved,  shall  be  re- 
passed by  both  Houses,  according  to  the  rules  and  limi- 
tations prescribed  in  the  case  of  a  bill. 

Sec.  14.  The  Governor  shall  have  power  to  approve 
or  disapprove  any  item  or  items  of  any  bill  making  ap- 
propriations embracing  distinct  items,  and  the  part  or 
parts  of  the  bill  approved  shall  be  the  law;  and  the  item 
or  items  disapproved  shall  be  void,  unless  repassed,  ac- 
cording to  the  rules  and  limitations  prescribed  for  the 
passage  of  other  bills  over  the  Executive  veto ;  and  he 


222  Journal  of  Alabama 

shall  ill  writiiijj;-,  state  specifically  the  item  or  ileiiis  he 
disapproves,  setting  the  same  out  in  haec  verba,  in  his: 
message;  but  in  such  case,  the  enrolled  bill  shall  not  be 
returned  with  the  (iovernor's  objection. 

Sec.  15.  In  case  of  the  (Tovernor's  removal  from  office,, 
death  or  resignation,  the  Lieutenant  Governor  shall  be- 
come Governor.  If  both  the  Governor  and  Lieutenant 
Governor  are  removed  from  office,  die  or  resign,  prior 
to  the  next  general  election,  thereafter,  for  members  of 
the  General  Assembh',  the  Governor  and  Lieutenant 
Governor  shall  be  elected  at  such  election  for  the  unex- 
pired term.  In  case  of  the  impeachment  of  the  Gover- 
nor, his  absence  from  the  State,  unsoundness  of  mind, 
or  other  disability,  the  power  and  authority  of  the  office 
shall  devolve,  in  the  order  herein  named,  upon  the  Lieu- 
tenant Governor,  President  pro  teni  of  the  Senate, 
Speaker  of  the  House  of  Representatives,  Attorney  Gen- 
eral, State  Auditor,  Secretary  of  State,  and  State  Treas- 
urer; if  any  of  these  officers  be  under  any  of  the  disa- 
T3ilities  herein  specified,  the  office  of  Governor  shall  be 
administered  in  the  order  named  l)y  these  officers  free 
from  such  disability,  until  the  Governor  is  acquitted, 
returns  to  the  State,  or  is  restored  to  his  mind,  or  re- 
lieved from  other  disability.  If  the  Governor  shall  be 
absent  from  the  State  over  twenty  days,  the  Secretary 
of  State  shall  notify  the  Lieutenant  Governor,  who 
shall  enter  upon  the  duties  of  Governor;  if  both  the 
Governor  and  Lieutenant  Governor  shall  be  absent  from 
the  State  over  twenty  days,  the  Secretary  of  State  shall 
notify  the  President  pro  tem  of  the  Senate,  who  shall 
enter  upon  the  duties  of  the  Governor,  and  so  on.  in  case 
of  sucli  absence,  he  shall  notify  each  of  the  other  officers 
named  in  their  order,  who  shall  discharge  the  duties  of 
Govern(U',  until  the  Governor  or  other  officers  entitled 
to  administer  the  office  in  succession  to  the  Governor, 
returns.  If  the  Governor-elect  fails  or  refuses  from  any 
cause,  to  (lualify,  the  Lieutenant-ele;t  shall  qualify,  and 
exercise  the  duties  of  the  Governor's  office  until  the  Gov- 
ernor-elect qualifies;  and  in  event  both  the  Governor- 
elect  and  Lieutenant  Governor-eTect,  from  any  cause, 
fail  to  qualify,  the  President  pro  tem  of  the  Senate,  the 


Constitutional  Convention.  223^ 

Speaker  of  the  House  of  Ixepresentatives,  the  Attorney 
General,  State  Auditor,  Secretary  of  State,  and  State 
Treasurer  shall  in  like  manner,  in  the  order  named,  ad- 
minister the  government  until  the  Governor  or  Lieuten- 
ant Governor-elect  qualifies. 

Sec.  16.  If  the  Governor  or  other  officer  administer- 
ing the  office,  shall  become  of  unsound  mind,  it  shall  be- 
the  duty  of  the  Supreme  Court  of  Alabama,  upon  re- 
quest in  writing  of  any  two  of  the  officers  named  in 
Section  15,  not  next  in  succession  to  the  Governor,  to 
ascertain  the  mental  condition  of  the  Governor,  or  other 
officer  exercising  the  office,  and  if  he  is  of  unsound  mind, 
to  so  certify  upon  its  minutes;  a  copy  of  which,  duly 
certified,  shall  be  filed  in  the  office  of  the  Secretary  of 
State;  and  in  that  event,  it  shall  be  the  dut}^  of  the  offi- 
cer next  in  succession,  to  perform  the  duties  of  the  Gov- 
ernor, until  the  Governor  or  other  officer  exercising  the- 
office  is  restored  to  his  mind. 

Sec.  17.  The  Lieutenant  Governor,  the  President  pro 
tem  of  the  Senate,  and  the  Speaker  of  the  House  of  Rep- 
resentatives, shall  receive  during  the  time  they  respect- 
tively  administer  the  government,  like  compensation  as 
that  fixed  for  the  Governor ;  provided,  if  the  General  As- 
seml)ly  shall  be  in  session  during  the  time  such  officer 
may  administer  the  office  of  Governor,  they  shall  receive 
no  compensation  as  officers  or  members  of  the  General 
Assembly. 

Sec.  18.  No  person  shall  at  one  and  the  same  time 
hold  the  office  of  Governor  of  this.  State  and  any  office, 
civil  or  military,  either  under  this  State  or  the  United 
States,  or  any  other  State  or  government,  except  as 
otherwise  provided  in  this  Constitution. 

Sec.  19.  The  Governor  shall  be  commander-in-chief 
of  the  militia  and  volunteer  forces  of  this  State,  except 
when  they  shall  be  called  into  the  service  of  the  United 
States;  and  he  maj  call  out  the  same  to  execute  the 
laws,  suppress  insurrection,  and  repel  invasion ;  but  need 
not  command  in  person  unless  directed  to  do  so  by  reso- 
lution of  the  General  Assembly,  and  when  acting  in  the 
service  of  the  United  States,  he  shall  appoint  his  staff" 
and  the  General  Assembly  shall  fix  his  rank. 


224  Journal  of  Alabama 

Sec.  20.  The  Governor  shall  not  appoint  any  member 
of  the  General  Assembly,  during  the  term  for  Avhich  he 
shall  have  been  elected,  to  any  office. 

Sec.  21.  No  person  shall  be  eligil)le  to  the  office  of 
Secretary  of  State,  State  Treasurer,  State  Auditor,  Su- 
perintendent of  Education,  Attorney  General,  or  Com- 
missioner of  Agriculture  and  Industries,  unless  he  shall 
have  been  a  citizen  of  the  United  States  at  least  seven 
years,  and  shall  have  resided  in  this  State  at  least  five 
years  next  preceding  his  election,  and  shall  be  at  least 
twenty-five  years  old  when  elected. 

Sec!  22.  There  shall  be  a  Great  Seal  of  State,  which 
shall  be  used  officially  by  the  Governor,  and  the  Seal 
now  in  use  shall  continue  to  be  used  until  another  shall 
have  been  adopted  by  the  General  Assembly.  Said  Seal 
shall  be  called  the  Great  Seal  of  the  State  of  Alabama. 

Sec.  23.  The  Secretary  of  State  shall  be  the  custodian 
of  the  Seal  of  the  State,  and  shall  authenticate  therewith 
all  official  act.^  of  the  Governor;  his  approval  of  laws, 
resolutions,  appointments  to  office  and  administrative 
orders,  excepted.  He  shall  keep  a  register  of  the  offi- 
cial acts  of  the  Governor,  and  when  necessary,  shall  at- 
test them,  and  lay  copies  of  same,  together  with  copies 
of  all  papers  relative  thereto,  before  either  House  of  the 
General  Assembly,  when  required  to  do  so,  and  shall 
perform  such  other  duties  as  may  be  prescribed  by  law. 

Sec.  24.  All  grants  and  commissions  shall  be  issued 
in  the  name  and  by  the  authority  of  the  State  of  Ala- 
bama, sealed  with  the  Great  Seal  and  signed  by  the 
Governor,  and  countersigned  by  the  Secretary  of  State. 

Sec.  25.  Should  the  office  of  Secretary  of  State,  State 
Auditor,  State  Treasurer,  Attorney  General,  Superin- 
tendent of  Education,  or  Commissioner  of  Agriculture 
and  Industries  become  vacant,  for  any  cause,  the  Gov- 
ernor shall  fill  such  vacancy  until  the  disability  is  re- 
moved or  a  successor  elected  and  qualified.  In  case  any 
of  said  officers  shall  l)ecome  of  unsound  mind,  such  un- 
soundness shall  be  ascertained  by  the  Supreme  C(Uirt 
upon  the  suggestion  of  the  Governor. 

Sec.  20.     The  Governor,  Lieutenant  Governor  and  At- 
^torney  General  are  constituted  a  Board  of  Conciliation, 


^Constitutional  Convention.  225 

for  the  adjustment  of  differences  between  employer  and 
-employes  engaged  in  mining,  manufacturing,  transpor- ' 
tation,  or  other  lawful  industries,  to  which  Board  may 
be  added  in  each  case  coming  before  it,  two  citizens  of 
this  or  of  some  other  State  of  the  Union,  to  be  appointed 
by  the  Governor.  The  Board  may  propose  arbitration 
before  it  of  any  such  dispute,  whenever  it  deems  proper ; 
and  in  its  discretion  may  hear  such  disputes  when  re- 
quested by  either  or  both  parties  thereto.  In  all  cases 
coming  before  it,  the  Board  shall  pass  on  the  merits  and 
recommend  in  writing  what  ought  to  be  done  to  adjust 
the  disputes  or  difference.  Its  judgment  or  award  shall 
be  advisory  merely,  unless  both  parties  agree  in  writing 
in  advance  to  perform  the  award,  when  it  may  be  en- 
forced by  appropriate  proceedings  in  the  courts,  under 
such  rules  and  regulations  as  may  be  prescribed  by  law. 
The  Board  shall  have  power  to  compel  the  production 
of  papers  and  the  attendance  of  witnesses  in  matters 
germane  to  the  dispute  or  difference,  under  such  rules 
and  regulations  as  may  be  provided  by  law. 

Sec.  27.  The  Governor,  Auditor  and  Treasurer,  or  the 
Governor  and  either  the  Auditor  or  Treasurer,  when 
there  are  funds  in  the  Treasury  not  immediately  needed, 
may  loan  out  the  same  on  call,  for  such  time  and  at  such 
rate  of  interest,  as  they  may  deem  advisable,  taking  as 
collateral,  bonds  of  the  United  States,  or  of  this  State, 
to  the  full  amount  loaned,  and  the  interest  agreed  to 
be  paid  therefor;  such  loans  shall  not  be  made  until 
after  one  week's  public  notice,  through  some  paper  pub- 
lished at  the  Capital,  and  a  record  of  such  loans  shall  be 
kept  in  the  office  of  the  Auditor,  and  reported  by  the 
Governor  to  the  General  Assembly  at  its  next  meeting. 

See.  28.  The  State  Treasurer,  State  Auditor,  Attor- 
ney General,  and  the  Commissioner  of  Agriculture  and 
Industries  shall  perform  such  duties  as  may  be  pre- 
scribed by  law.  The  State  Treasurer  and  State  Auditor 
shall,  every  year,  at  a  time  the  General  Assembly  may 
fix,  make  a  full  and  complete  report  to  the  Governor, 
showing  the  receipts  and  disbursements  of  revenues  of 
■every  character,  and  all  claims  audited  and  paid  out  by 
items,  and  all  taxes  and  revenues  collected  and  paid  into 

15 


226  Journal  of  Alakama 

the  Treasury,  and  from  what  sources;  and  they  shali 
niake  reports  oftener  upon  any  matters  pertaining-  to 
tlieir  office  if  required  by  the  (iovernor  or  General  As- 
sembly. 

Sec,  29.  The  State  Auditor,  State  Treasurer,  Attor- 
ney General,  Secretary  of  State,  and  Commissioner  of 
Agriculture  and  Industries  shall  not  receive  to  their 
use,  any  fees,  costs,  perquisites  of,  office,  or  other  com- 
pensation than  their  salaries,  as  prescribed  by  law,  and 
all  fees  that  may  be  payable  for  any  services  performed, 
through  such  oflticers,  shall  be  at  once  paid  into  the  State 
Treasury. 

Sec.  30.  A  Sherilt'  shall  be  elected  in  each  county  by 
the  qualified  electors  thereof,  who  shall  hold  his  office 
for  a  term  of  four  years,  unless,  sooner  removed,  and 
sliall  be  ineligible  to  such  office  as  his  own  successor. 
AVhenever  any  prisoner  is  taken  from  the  jail  or  from 
the  custody  of  the  Sheriif  or  his  deputy,  and  put  to  death 
or  suffers  grievious  bodily  harm,  owing  to  the  neglect, 
connivance,  cowardice  or  other  grave  fault  of  the  Sher- 
iff, such  Sheriff  may  be  impeached  under  Section  2  of 
Article  V^Il  of  the  Constitution  ;  and  the  Governor,  when 
satisfied,  after  hearing  the  Sheriff,  that  he  should  be  im- 
peached, may  suspend  him  from  office  for  such  time  as 
he  may  think  proper,  until  the  impeachment  proceedings 
are  finally  disposed  of. 

Mr.  Jones,  of  Montgomery,  moved  that  the  reading 
of  the  ordinance  above  set  out  be  dispensed  with.  The 
motion  was  lost. 

ilr.  Ivogers,  of  Sumter,  asked  unanimous  consent  that 
t])e  reading  of  the  ordinance  l)e  dispensed  with.  An  ob- 
jection was  interposed. 

The  ordinance  was  read  at  length  a  second  time,  and 
]»]aced  on  tlie  calendar. 

Mr.  Brooks  moved  that  the  Secretary  be  instructed 
to  have  the  report  of  the  Committee  printed  and  placed 
on  the  desks  of  each  delegate,  and  that  the  further  con- 
sideration of  the  ordinance  be  postponed  until  Tues- 
dav. 


Constitutional  Convention.  227 

Mr.  Jones,  of  Montgomery,  moved  that  the  rules  be 
suspended  in  order  that  he  eould  make  a  motion  to  have 
the  report  and  ordinance  hiid  upon  the  table,  and  that 
300  copies  be  ordered  printed. 

The  Chair  held  that  the  motion  of  ^lessrs.  Brooks  and 
Jones,  of  Montgomery,  were  not  necessary,  as  the  rules 
of  the  Convention  provided  for  that  which  the  motions 
sought  to  accomplish. 

Mr.  Brooks  moved  that  cmly  the  majority  and  minority 
reports  of  the  Committee  be  printed.  The  motion  was 
lost. 

Mr.  Jones,  of  Montgomery,  moved  that  the  report  of 
the  Committee  and  the  ordinance  submitted  by  the  Com- 
mittee be  printed  in  full.  The  motion  prevailed. 

ADJOITRNMENT. 

On  motion  of  Mr.  Brooks,  the  Convention  adjourned 
until  10  o'clock  to-morrow  morning. 


FIFTEENTH  DAY. 
Convention  Hall. 
Montgomery,  Ala.,  Saturday,  June  8,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Howell,  of  the  Con- 
vention. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  constituted 
a  quorum : 


228 


Journal  of  Alarama 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefleld, 

Bartlett, 

Beavers, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Case, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Cunningham, 

Davis  (Etowah), 

deOraffenried, 

Duke, 

Eley, 

Ejster, 

Ferguson, 

Fletcher, 

Foster, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Henderson, 


Hinson, 

Hodges, 

Hood, 

Howell, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  ( Montgomery ) , 

Jones  (Wilcox), 

Kirk, 

Knight, 

Kyle, 

Locklin, 

Lomax, 

Lowe  (Jefferson), 

Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  r Baldwin), 

McMillan  (Wilcox), 

Malone, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 


Constitutional  Convention.  229 

Porter,  Tayloe, 

Proctor,  Thompson, 

Eeynolds  (Henry),  Waddell, 

Robinson,  Walker, 

Rogers  (Lowndes),  Watts, 

Rogers  (Sumter),  Weakley, 

Sanders,  Weatherly, 

Sanford,  White, 

Searcy,  Whiteside, 

Selheimer,  Wlllett, 

Sloan,  Williams  (Barbour),, 

Smith  (Mobile),  Williams  (Marengo). 

Smith,  Mac.  A.,  Williams  (Elmore), 

Sollie,  Wilson  (Clarke), 

Spears,  Wilson  (Washington). 

Spragins,  Winn. 

Stewart, 

report  of  committee  on  the  journal. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  fourteenth 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

The  report  of  the  Committee  was  concurred  in. 

LEAVE    OF    ARSENCE. 

Was  granted  to  Messrs.  Tayloe,  for  Monday  and  Tues- 
day ;  Reynolds,  of  Chilton,  for  to-day ;  Reese,  for  to-day ; 
Cunningham,  for  Monday;  Samford,  for  yesterday  and 
to-day ;  Howze,  for  to-day ;  Corn  well,  for  to-day  and 
Monday;  Jones,  of  Hale,  for  to-day;  Sanders,  for  Mon- 
day; Fitts,  for  to-day;  Coleman,  of  Walker,  for  to-day; 
Espy,  for  to-day;  Sollie,  for  Monday;  Long,  of  Butler, 
for  to-day;  Bulger,  for  to-day;  Carmichael,  of  Coffee, 
for  to-day;  Gilmore,  for  to-day. 


230  JOUUXAL  OF   Alarama 

Mr.  Fletcher  gave  notice  that  he  would  object  to  any 
further  leaves  of  absence  being  granted. 

MOTION  FIXING  HOUR  OF  AD.JOURNMENT. 

Mr.  Jackson  moved  that  when  the  Convention  adjourn 
to-day  that  it  adjourn  until  12  o'clock  m.  on  Monday. 
The  motion  prevailed. 

COMMITTEE    (4RANTEI)    LEAVE    TO    SIT    DURING    SESSION. 

On  motion  of  Mr.  Coleman,  of  (Ireene,  the  Committee 
on  Suffrage  and  Elections  were  granted  leave  to  sit  dur- 
ing the  session  to-day. 

STENOGRAPHIC  REPORT. 

Mr.  Blackwell  called  the  attention  of  the  Convention 
to  certain  errors  in  the  stenographic  report  of  the  pro- 
ceedings of  yesterday,  in  regard  to  ordinance  number 
332,  introduced  by  him. 

The  report  was  ordered  corrected. 

RECOMMITTAL  OF   ORDINANCES. 

Mr.  Weakley,  chairman  of  the  Committee  on  Muni- 
cipal Corporations,  returned  to  the  Convention  ordin- 
ance 187. 

Ordinance  187 : 

^'An  ordinance  to  permit  municipalities  in  the  State 
of  Alabama  having  more  than  2,000  inhabitants  to  es- 
tablish Municipal  Courts.'' 

And  requested  that  said  ordinance  be  referred  to  the 
Committee  on  Judiciary. 

The  ordinance,  187,  was  referred  to  the  Committee  on 
Judiciary. 

RESOLITTIONS   ON    FIRST   READING. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Kesolution  138,  by  ^Ir.  Pettus : 


Constitutional  Convention.  231 

Whereas,  The  State  debt  ma}^  be  refunded  at  a  iiiiieh 
lower  rate  of  interest  than  the  State  now  pays  when  it 
falls  due;  and,  whereas,  the  increased  valuation  of  ]>rop- 
erty  in  the  State  may  reasonably  be  expected  to  bring 
increased  revenue  to  the  State; 

Therefore,  be  it  Kesolved,  That  it  is  the  sense  of  this 
Convention  that  the  State  tax  limit  be  reduced,  and  the 
Committee  on  P^inance  and  Taxation  is  hereby  requested 
to  report  on  ordinance  reducing  the  constitutional  tax 
limit  for  the  State  to  such  rate  as  to  the  committee 
seems  for  the  best  interest  of  the  State. 

The  resolution  was  referred  to  tke  Committee  on 
Taxation. 

Kesolution  139,  by  Mr.  Burns: 

That  the  additional  expense  of  printing  may  be  saved 
by  leaving  off  the  explanatory  notes  and  publishing  only 
ihe  ordinances  or  resolutions  reported  by  committees, 
as  agreed  upon. 

And  that  no  expense  for  printing  or  other  purposes 
be  incurred  except  ordered  by  a  majority  of  the  Conven- 
tion on  a  call  of  the  roll. 

The  resolution  Avas  referred  to  the  Committee  on 
Schedules,  Printing  and  Incidental  Expenses. 

Kesolution  140,  by  Mr.  Williams,  of  Elmore: 

That  no  poll  tax  or  other  privilege  tax  be  required  of 
any  voter  in  this  State. 

Be  it  resolved.  That  no  poll  tax  or  other  privilege  tax 
be  required  of  any  voter  in  this  State,  and  that  all  quali- 
fications for  voters  be  determined  and  concluded  by 
"board  of  precinct  registrars,  and  such  other  qualifica- 
tions as  may  be  fixed  by  this  Convention. 

The  resolution  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Resolution  141,  by  Mr.  Wilson,  of  Clarke : 

To  amend  subdivision  6  of  Rule  22. 

Resolved,  That  subdivision  6  of  Rule  22  be  amended 
so  as  to  read  as  follows : 

6.  Call  of  the  roll  in  alphabetical  order  for  the  intro- 
duction of  resolutions,  memorials,  petitions  and  ordin- 
ances, and  their  proper  reference,  but  if  the  roll  call  is 
not  completed  by  10  :30  o'clock  of  any  day,  the  Conven- 


232  Journal  of  Alabama 

tion  shall  at  that  hour  proceed  to  the  next  regular  order 
of  business. 

The  resolution  was  referred  to  the  Committee  on; 
Rules. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time,  and  referred  to  appropriate  committees, 
as  follows : 

Ordinance  342,  by  Mr.  Burns : 

To  regulate  the  fees  of  Constables  and  deputies. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  343,  by  Mr..  Case : 

To  amend  Section  49  of  the  present  Constitution,  to 
compel  children  who  are  able,  to  support  indigent  par- 
ents. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  344,  by  Mr.  Glover: 

To  amend  the  Constitution  by  inserting  therein :  The 
Legislature  shall  have  the  power  and  authority  to  revise, 
regulate  and  reconstruct  the  judiciarv  svstem  of  this 
State. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  345,  by  Mr.  Glover : 

To  amend  the  Constitution  of  this  State  by  inserting 
therein  the  following :  To  abolish  the  right  of  dower  and 
curtesy,  and  giving  the  wife  and  husband  inheritable  in 
each  other's  estate. 

The  ordinance  was  referred  to  the  (^ommittee  on 
Judiciary. 

Ordinance  340,  by  Mr.  Greer,  of  Perry: 

Relating  to  legal  advertising. 

The  ordinance  was  referred  to  the  Committee  on 
Scheduh^s,  Printing  and  Incidental  Ex]xmses. 

Ordinance  347,  by  ]Mr.  ^filler,  of  ^Marengo : 

To  prevent  any  corporation  from  contracting  exclus- 
ively for  the  sale  of  any  books  or  articles  for  use  in  pub- 


Constitutional  Convention.  233- 

lie  schools  to  the  State  of  Alabama,  or  to  any  counties 
in  the  State,  or  to  any  cities  or  towns  in  the  State,  or  to 
any  school  district  in  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  348,  by  Mr.  O'Neill,  of  Jefferson : 

To  amend  Article  XI,  Section  1,  on  taxation. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  349,  by  Mr.  J.  W.  A.  Sanford : 

To  establish  a  Great  Seal  for  the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  350,  by  Mr.  Mac.  A.  Smith : 

To  amend  Section  1  of  Article  XIV  of  the  Constitu- 
tion of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

REPORTS  of  standing  COMMITTEES. 

The  several  standing  committees  of  the  Convention 
were  called,  but  no  reports  were  submitted. 

RESOLUTIONS  ON  THIRD  READING. 

The  following  resolution  was  called  for  a  third  read- 
ing and  adoption : 

Resolution  25: 

"Eesolved,  That  the  Secretary  of  the  Convention  be 
and  he  is  hereby  instructed  to  preserve  five  (5)  copies 
of  the  printed  stenographic  report  of  the  proceedings 
of  the  Convention,  and  when  said  report  is  completed, 
to  cause  the  same  to  be  bound  and  deposited  in  the  office 
of  the  Secretary  of  State." 

The  resolution  was  read  a  third  time  at  lengthy  and 
adopted. 

RECONSIDERATION   OP   VOTE. 

Mr.  Browne  moved  that  the  vote  by  which  the  reso- 
lution was  aclopted  be  reconsidered. 

The  motion  prevailed. 

Mr.  Browne  offered  the  following  amendment  to  the- 
resolution  25 : 


234  Journal  of  Alarama 

Amend  by  iuserting  the  word  "ten"  instead  of  the 
word  "five"  after  the  word  ''preserve,"  and  bv  adding 
after  the  word  "State"  the  following:  > 

"And  five  (5)  copies  to  be  deposited  in  the  Supreme 
Court  Library." 

The  amendment  was  adopted. 

The  resolution  25,  as  amended,  was  again  read  at 
length  a  third  time,  and  adopted. 

SPECIAL  ORDER. 

Mr.  Jones,  of  Montgomery,  moved  that  the  report  of 
the  Committee  on  Executive  Department  be  taken  from 
the  table,  and  that  the  same  be  made  a  special  order  for 
Tuesday,  immediately  after  the  call  of  unfinished  busi- 
ness. 

The  motion  prevailed,  and  the  report  of  the  Committee 
on  Executive  Department  was  made  a  special  order  for 
Tuesday  immediately  after  the  call  of  unfinished  busi- 
ness. 

OBJECTION  TO  LEAVE  OF  ABSENCE. 

Mr.  INIalone  gave  notice  that  after  to-day  he  would  ob- 
ject to  any  leave  of  absence  being  granted. 

ADJOURNMENT. 

On  motion  of  Mr.  Creer,  of  Calhoun,  the  Convention 
adjourned  until  12  o'clock  m.  on  Monday. 


SIXTEENTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  INIonday,  June  10,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Praver  was  offered  bv  Rev.  Mr.  Gav,  of  the  citv. 


CUXSTITUTIOXAL  CoXVEXTIUX. 


235 


ROLL   CALL. 

On  a  call  of  the  roll  of  the  ronveutioo  the  f()lh)wiii|f>- 
delegates  answered  to  their  names,  whieh  constituted  a 
quorum  : 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barefleld, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Cardon, 

Carmichael  ( Colbert ) , 

Carmichael  (Coffee), 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Elev, 

Evster, 

Espy, 

Ferguson, 

Fletcher, 

Foshee, 

Foster, 

Glover, 

Graham  ( Montgomery) , 

'Graham  (Talladega), 


Grayson, 

Greer  (Calhoun), 

Haley, 

Handle^y, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Hodges, 

Howell, 

Howze, 

Inge, 

Jackpon, 

Jenkins, 

Jones  (Bibb), 

Jones  ( Montgomery ) , 

Jones  (Wilcox), 

Kirk, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  ( Jefferson ), 

Lowe  (Lawrence), 

Macdonald, 

Mc:\rillan  (Baldwin), 

:Mc:\ri]lan  (Wilcox), 

Malone, 

Maxwell, 

iNferrill, 

i\riller  (Marengo), 

Miller  (Wilcox), 


236 


JouuNAL  OF  Alabama 


Moody, 

Mulkey, 

NeSmith, 

Norman, 

No^^yood, 

Oates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

O'Rear, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearee, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Eenfro, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

Samford, 

San  ford. 


Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile),. 

Smith,  Mac.  A.,. 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Thompson,. 

Vaughan, 

Wad^lell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

NVhite, 

Whiteside, 

Willett, 

Williams  (Barbour),." 

Williams  (Marengo), 

Williams  (Elmore), 

Wi Ison  ( Washington ) 


-119f 


LEAVES   OF   ABSENCE. 

Was  granted  to  Messrs.  iVlmon  for  to-day;  King  in- 
definitely; Duke  for  to-day;  Studdard  for  to-day;  Jones, 
of  Hale,  for  to-day ;  Selheimer  for  to-day ;  Martin  for  to- 
day; Wilson,  of  Clarke,  indefinitely;  Greer,  of  Perry, 
for  to-day ;  Hood  for  to-day ;  Altman  for  to-day ;  Opp  for 
to-day;  Henderson  for  to-day;  ^Nlorrisette  for  to-dav  and 
to-morrow;  Locklin  for  to-day  and  to-morrow;  Coleman 
of  Walker  for  to-day. 


REPORT  OF  CO]MMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report: 


Constitutional  Convention.  237 

The  Committee  on  the  Journal  beg  leave  to  report  that 
they  have  examined  the  Journal  for  the  fifteenth  day  of 
the  Convention  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chainnun. 

The  report  of  the  Committee  was  concurred  in. 

committee  granted  leave  to  sit  during  session. 

On  motion  of  Mr.  Coleman,  of  Greene,  the  Committee 
■on  Suffrage  and  Elections  was  granted  leave  to  sit  dur- 
ing the  session  of  to-day. 

recommittal  of  ordinances. 

Mr.  Gates,  chairman  of  the  Committee  on  Legislative 
Department,  returned  to  the  Convention  ordinance  341. 

Grdinance  341 : 

'^For  the  equitable  distribution  of  the  surplus  moneys 
arising  from  the  sale  of  fertilizer  tags." 

And  requested  that  same  be  referred  to  the  Committee 
on  Taxation. 

The  ordinance  341  was  referred  to  the  Committee  on 
Taxation. 

Grdinance  267 : 

On  motion  of  Mr.  Ledbetter  ordinance  267,  "That  the 
office  of  Examiner  of  Public  Accounts  be  and  the  same 
is  hereby  continued,"  was  ordered  referi'ed  to  the  Com- 
mittee on  Banks  and  Banking. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows: 

Ordinance  351,  by  Mr.  Davis,  of  Etowah : 

To  amend  Article  VII,  Section  10,  of  the  Constitu- 
tion.    (Relates  to  waiving  of  exemptions.) 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

Ordinance  352,  by  Mr.  Eyster: 

For  the  protection  of  local  building  and  loan  associa- 
tions from  excessive  taxation. 


238 


Journal  of  Alabama 


The    oFclinaiK-e  was  referred    to    the    Committee    on 
Corporations. 

Ordinauce  353,  by  Mr.  Haley : 

Kelates  to  exempted  property. 

The    ordinance  \\as  referred    to    the    Committee    on 
Exemptions. 

Ordinance  354,  by  Mr.  Haley : 

Kelates  to  count}^  bonndaries. 

The    ordinance  was  referred    to    the    Committee    on 
State  and  Connty  Bonndaries. 

Ordinance  355,  by  Mr.  Harrison : 

To  limit  the  indebtedness  of  cities,  towns  and  villages 
in  this  State. 

The    ordinance  was  referred    to    the    Committee    on 
^Municipal  Corporations. 

Ordinance  350,  by  ]Mr.  Long,  of  Walker : 

Relates   to  Judicial   Department, 

The    ordinance  was  referred    to    the    Committee    on 
Judiciary. 

Ordinance  357,  by  Mr.  O'Neill,  of  Jeffeii«5(tn  : 

To  amend  Section  1,  Article  XI. 

The    ordinance  was  referred    to    the    Committee    on 
Municipal  Corporations. 

Ordinance  358,  by  Mr.  O'Neill,  of  Jetf ej'son  : 

To  amend  Section  1,  Article  XI. 

The    ordinance  was  referred    to    the    Committee    on 
Taxation. 

Ordinance  359,  l)y  Mr.  O'Neill,  of  Jefferson : 

To  an)end  Article  V  of  the  Constitution. 

The    ordinance  was  referred    to    the    Committee    on 
Executive  Department. 

Ordinance  3(50,  by  Mr.  Sanford: 

To  ])rohibit  the  ownership  of  real  estate  by  ])ersons 
owing  alleoiance  to  f(treiun  governments. 

The    ordinance  was  referred    to    the    Committee    on 
Legi  si  a  t  i  ve  Depa  r  t  m  en  t . 

Ordinance  3()1.  by  ]Mr.  Mac.  A.  Smith,  Autauga : 

To  amend  Section  25  of  Article  VI  of  the  Constitu- 
tion of  Alabama. 

The   ordinance  was  referred    to    the    Committee    on 
Judiciarv. 


Constitutional  Convention.  239 

Ordinance  362,  by  Mr.  Watts : 

To  amend  Section  8,  Article  XIV, 

The  ordinance  wavs  referred  to  the  Committee  on 
Corporations. 

Ordinance  363,  by  Mr.  Williams,  of  Marenj>,o : 

Kelates  to  exemption  from  taxation. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  364,  by  Mr.  Oates : 

To  prevent  an  increase  of  ^^tate  debt,  and  to  rej»nlate 
temporary  loans. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  365,  by  Mr.  Oates : 

To  provide  for  refunding  the  bonded  debt  of  the  State, 
and  for  improving  the  Capitol  building  and  grounds. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

reports  of  standing  committees. 

]Mr.  Jones,  of  Montgomery,  chairman  of  the  Commit- 
tee on  Executive  Department,  offered  the  following 
amendment  to  the  report  of  the  Committee  on  Executive 
Department : 

Montgomery,  Ala.,  June  10,  1901. 
-)//'.  f'rrsident : 

The  Committee  on  Executive  Department  ask  leave 
to  amend  the  ordinance  entitled  "An  ordinance  to  create 
and  define  the  'Executive  Department,  "'  heretofore  re- 
})orted  to  the  Convention  as  follows: 

Amend  Section  3  l)y  adding  after  the  words  "shall  be 
elected''  the  following  words,  "on  the  first  IMonday  in 
August,  1902,  and  thereafter." 

Amend  Section  5  by  adding  the  words  "elected  in  the 
year  1902"  between  the  word  "Commissioner  of  Agri- 
culture and  Industries"  and  the  word  "shall"  in  such 
section. 

Amend  Section  13  by  striking  out  the  words  "or  re- 
cess," and  by  adding  after  the  words  "in  which  case  it 


240  Journal  of  Alarama 

shall  not  be  a  law,"  the  following  words,  ''but  when  re- 
turn is  ijrevented  by  a  recess,  such  bill  must  be  returned 
to  the  House  in  which  it  originated,  within  two  days 
after  its  reassembling,  otherwise  it  shall  become  a  law." 

Amend  Section  16  by  striking  out  the  period  at  the 
end  thereof,  and  inserting  in  lieu  thereof  a  semicolon, 
and  by  adding  the  following  words,  "when  the  incum- 
bent denies  that  the  Grovernor,  or  other  person  entitled 
to  administer  the  office,  has  been  restored  to  his  mind, 
the  Supreme  Court,  at  the  instance  of  any  officer  named 
in  Section  15,  shall  ascertain  the  truth  concerning  the 
same,  and,  if  the  officer  has  been  restored  to  his  mind, 
shall  so  certify  on  its  minutes  and  file  a  duly  certified 
copy  thereof  with  the  Secretary  of  State,  and  in  that 
event  his  office  shall  be  restored  to. him." 

Amend  Section  27  by  adding  after  the  words  "as  they 
may  deem  advisable,"  the  following  words,  "to  the  best 
bidder." 

Thomas  G.  Jones,  Chairman. 

Mr.  Jones,  of  Montgomery,  moved  that  the  amend- 
ment above  set  out  be  laid  upon  the  table,  and  be  con- 
sidered with  the  report  of  the  Committee  on  Executive 
Department,  which  report  is  set  for  consideration  on 
Tuesday. 

Mr.  Macdonald  moved  to  amend  the  motion  of  Mr. 
Jones,  of  Montgomery,  by  adding  that  300  copies  of  the 
amendment  be  printed  for  the  use  of  the  delegates.  The 
motion  prevailed. 

The  question  recurred  upon  the  motion  of  Mr,  Jones, 
of  ^Montgomery. 

The  motion  of  Mr.  Jones,  of  Montgomery,  as  amended, 
prevailed. 

SCHEDULE,  PRINTING   AND  INCIDENTAL   EXPENSES. 

Mr.  Heflin,  of  Randolph,  chairman  of  the  Committee 
on  Schedules,  Printing  and  Incidental  Expenses,  re- 
ported favorably  the  following  resolution : 

Eesolution  Xo.  120,  bv  Mr.  Gravson  : 


Constitutional  Convention.  241 

Kesolved,  That  all  resolutions  authorizing  the  pay- 
ment of  any  money  shall  be  adopted  only  by  a  yea  and 
nay  vote. 

The  resolution  above  set  out  was  read  at  length  a  sec- 
ond time,  and  placed  on  the  calendar,  and  300  copies 
ordered  printed. 

invitation  to  address  the  convention. 

Mr.  Sanford  moved  that  Miss  Frances  Griffin  be  in- 
vited to  address  the  Convention  on  the  subject  of  "Wom- 
an Suffrage." 

Mr.  Burns  raised  the  point  of  order  that  the  motion 
was  out  of  order  in  that  it  required  a  suspension  of  the 
rules  before  the  motion  could  be  entertained. 

The  point  of  order  was  sustained. 

Mr.  Miller,  of  Marengo,  moved  that  the  rules  be  sus- 
pended, and  that  Miss  Frances  Griffin  be  invited  to  ad- 
dress the  Convention  on  the  subject  of  "Woman 
Suffrage." 

The  motion  prevailed,  and  the  rules  were  suspended, 
and  Miss  Griffin  was  invited  to  address  the  Conven- 
tion. 

The  ChaiL'  appointed  the  following  committee  to  notify 
Miss  Griffin  of  the  invitation  and  to  conduct  the  lady  to 
the  President's  stand.  Committee — Messrs.  Sanford, 
Burns,  and  Wilson,  of  AYashington. 

Miss  Griffin  was  thereupon  introduced  to  the  Conven- 
tion, and  spoke  at  length  upon  the  subject. 

vote  OF  THANKS. 

Mr.  Jarkson  moved  that  the  thanks  of  the  Convention 
be  tendfred  Miss  Griffin  for  the  very  able  address  just 
'delivered.     The  motion  prevailed. 

ADJOURNMENT. 

On  motion  of  3Ir.  "Aliller,  of  Alarengo,  the  Convention 
adjourned  until  to-morrow  morning  at  10  o'clock. 

16 


242  Journal  of  Alarama 

SEVENTEENTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Tuesday,  June  11,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Kev.  Mr.  Stickney,  of  the  city.. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Black  well, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Cardon, 

Carmichael  (Colbert) 

Carmichael  (Coffee), 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Craig, 


Hend2rson, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

de(iraffenried, 

Duke, 

Eley, 

Evster, 

Espy, 

Fergurfc  n, 

Pitts, 

Fletcher, 

Foshee, 

Foster, 

Gilmore, 

Graham  (Montgomery),. 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflln  (Chambers), 

Heflin  (Randolph), 


Constitutional  Convention, 


243 


Hinson, 

Hodges, 

Hood, 

Howell, 

HoAYze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Oates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 


Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Keese, 

Renfro, 

Reynolds  (Chilton),. 

Rej^nolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter),. 

Sanders, 

Sanford, 

Searcy, 

Selheimer,, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M.^ 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Thompson,  ,' 

Vaughan, 

Waddell, 

Walker, 

Watts, 

AVeakley, 

Weatherly^ 


244  Journal  of  Alabama 

White,  Williams  (Marengo), 

Whiteside,  Williams  (Elmore), 

Willett,  Wilson  (Washington). 

Williams  (BarbourJ,  Wiuu — 142. 

LEAVE  OF  ABSENCE 

Was  granted  to  Messrs.  Maxwell,  Glover,  Carmichael 
and  Almon  for  to-daj^ 

REPORT  OF  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report  that 
they  have  examined  the  Journal  for  the  sixteenth  day 
of  the  Convention,  and  that  the  same  is  correct. 

John  F.  Proctor,  Chairman. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Ordinance  366,  by  Mr.  Brooks: 

To  define  a  trust,  and  to  prohibit  the  same  in  this 
State. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  367,  by  Mr.  Jones,  of  Hale : 

To  amend  Section  26  of  Article  VI.  (Relates  to  Jus- 
tice of  the  Peace.) 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary, 

Ordinance  368,  by  Mr.  Burns: 

To  amend  Article  VIII  of  the  present  Constitution. 

The  ordinance  Avas  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  369,  by  Mr.  Burns : 

To  amend  Section  3  of  Article  VIII. 


Constitutional  Convention.  245 

The  ordinance  was  referred  to  the  Committee  on 
Suifrage  and  Elections. 

suspension  of  the  rules. 

Mr.  White  moved  to  suspend  the  rules  in  order  to  dis- 
pense with  the  regular  order  of  business,  and  then  moved 
to  take  up  the  report  of  the  Committee  on  Executive  De- 
partment. The  rules  were  suspended  and  the  Convention 
proceeded  to  the  consideration  of  the  report  of  the  com- 
mittee. 

Mr.  Harrison  moved  that  the  Convention  resolve  itself 
into  committee  of  the  whole,  in  which  the  five  minute 
rule  should  apply. 

Mr.  Jones,  of  Montgomery,  moved  the  indefinite  post- 
ponement of  Mr.  Harrison's  motion. 

point  op  order. 

Mr.  deGraffenried  made  the  point  of  order  that  the 
motions  of  both  Messrs.  Harrison  and  Jones,  of  Mont- 
gomery, were  out  of  order,  in  that  the  rules  provided 
that  the  minority  report  is  considered,  an  amendment 
to  the  ordinance  and  that  the  ordinance  on  third  read- 
ing, should  be  considered  section  by  section. 

The  Chair  held  that  there  was  no  rule  providing  for 
the  Convention  to  go  into  a  committee  of  the  whole,  but 
it  was  in  order  for  an}^  delegate  to  make  a  motion  that 
the  Convention  resolve  itself  into  a  committee  of  the 
whole. 

(The  motion  of  Mr.  Harrison  was  withdrawn.) 

Mr.  Fitts  moved  that  the  ordinance  be  ordered  to  a 
third  reading. 

At  the  request  of  Mr.  Jones,  of  Montgomery.  Mr. 
Fitts  withdrew  his  motion. 

Mr.  Jones,  of  Montgomery,  stated  that  he  desired  to 
make  a  motion  that  the  ordinance  be  ordered  to  a  third 
reading,  and  that  his  object  in  making  this  motion  was 
to  place  the  ordinance  before  the  Convention. 

Mr.  Jones,  of  ^Montgomery,  addressed  the  Conven- 
tion at  length  upon  the  ordinance  submitted  by  the  Com- 


246  JouEXAL  OF  Alabama 

mittee  on  Executive  Department,  and  thereupon  with- 
drew his  motion  to  order  the  ordinance  to  a  third  read- 
ing. 

Mr.  Jones,  of  Montgomery,  moved  that  the  ordinance 
be  placed  upon  a  third  reading,  and  that  it  be  considered 
section  bv  section. 

Mr.  Harrison  raised  the  point  of  order  that  under 
Rule  51  of  the  Convention,  the  proposed  questicju  was 
upon  the  minorit}^  report,  which  was  to  be  considered 
an  amendment. 

The  Chair  held  that  the  point  of  order  was  well  taken, 
but  that  the  minority  report  would  be  taken  up  when 
the  sections  it  sought  to  amend  were  reached. 

The  ordinance : 

"To  create  and  define  the  Executive  Department." 

Was  ordered  read  section  by  section. 

Section  1  was  thereupon  read  as  follows : 

Section  1.  The  Executive  Department  shall  consist 
of  a  Governor,  Lieutenant  Governor,  Secretary  of 
State,  State  Auditor,  State  Treasurer,  Attorney  Gen- 
eral, Superintendent  of  Education,  Commssioner  of  Ag- 
riculture and  Industries,  and  a  Sherift"  for  each  county. 

iMr.  Gates  offered  the  following  amendment  to  Sec- 
tion 1. 

Auiend  Section  1  by  striking  out  the  word  "State" 
where  it  occurs  in  the  second  line  of  Section  1  before 
the  word  Auditor  and  Treasurer. 

The  amendment  offered  by  Mr.  Gates  was  adopted. 

]Mr.  Long,  of  Walker,  offered  the  following  amend- 
ment : 

Amend  the  ordinance  by  striking  out  the  words  "Lieu- 
tenant Governor"  wherever  they  occur  in  said  ordin- 
ance. 

Mr.  Gates  raised  the  point  of  order  that  the  amend- 
ment offered  by  ]Mr.  Long  of  Walker  was  out  of  order 
in  that  it  was  an  amendment  to  the  entire  ordinance, 
and  that  the  Convention  was  considering  (Uily  Section 
1  of  the  ordinance. 

The  point  of  order  was  sustained. 

Mr.  Long,  of  Walker,  thereupon  asked  unanimous 
<'onsent  that  he  be  allowed  to  offer  the  amendment  so 
that  it  would  apply  only  to  Section  1. 


Constitutional  Convention.  "   247 

LTnanimous  consent  \yas  given. 

Mr.  O'Neal,  "of  Lauderdale,  called  for  the  previous 
question  on  the  amendment  offered  by  Mr.  Long,  of 
Walker.  The  call  for  the  previous  question  was  sus- 
tained. 

The  question  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Long,  of  Walker. 

The  amendment  was  lost. 

Mr.  Jones,  of  Montgomery,  moved  the  previous  ques- 
tion on  the  adoption  of  Section  1,  as  amended,  and  the 
motion  prevailed. 

Section  1  : 

"The  Executive  Department  shall  consist  of  a  Gover- 
nor, Lieutenant  Governor,  Secretarj^  of  State,  Auditor, 
Treasurer,  Attorney  General,  Superintendent  of  Edu- 
cation, Commissioner  of  Agriculture  and  Industries, 
and  a  Sheriff'  for  each  county,"  was  adopted. 

SECTION  TWO. 

Mr.  Jones,  of  Montgomery,  moved  that  Section  2  of 
the  ordinance  be  adopted. 

See.  2.  The  Supreme  Executive  power  of  this  State 
shall  be  vested  in  a  Chief  Magistrate,  who  shall  be  styled 
'"The  Governor  of  the  State  of  Alabama." 

Mr.  Gates  offered  the  following  amendment  to  Sec- 
tion 2 : 

Amend  Section  2  by  striking  out  the  words  "of  the 
State"  where  said  words  appear  in  the  second  line  of 
Section  2. 

Mr.  O'Neal,  of  Lauderdale,  moved  to  lay  the  amend- 
ment offered  by  Mr.  Gates  upon  the  table,  and  the  mo- 
i;ion  prevailed. 

Sec.  2.  The  Supreme  Executive  power  of  this  State 
shall  be  vested  in  a  Chief  ]\Ligistrate,  who  shall  be  styled 
"The  Governor  of  the  State  of  Alabama,"  was  adopted. 

SECTION  THREE. 

Sec.  3.  The  Governor,  Lieutenant  Governor,  Secre- 
tary of  State,  State  Treasurer,  State  Auditor,  Attorney 


248  Journal  of  Alabama 

General,  Superintendent  of  Edncation  and  Commission-^ 
er  of  Agriculture  and  Industries  shall  be  elected  every 
four  years  by  the  qualified  electors  of  this  State,  at  the 
same  time  and  places  appointed  for  the  election  of  mem- 
bers of  the  General  Assembh^,  was  read  at  length. 

Mr.  Jones,  of  Montgomery,  moved  that  the  following 
amendment  offered  by  the  Committee  on  Executive  De- 
partment, be  adopted : 

Amend  Section  3  by  adding  after  the  words  "shall  be 
elected"  the  following  words,  "on  the  first  Mondav  in 
August,  1902,  and  thereafter." 

Mr.  Coleman,  of  Greene,  offered  the  following  amend- 
ment as  a  substitute  for  the  amendment  offered  by  the 
Committee : 

Amend  Section  3  by  striking  out  all  of  said  section, 
beginning  with  the  words  "ever}^  four  j-ears,"  and  sub- 
stituting therefor  the  following : 

"Shall  be  elected  at  the  same  time  and  places  appoint- 
ed for  the  election  of  members  of  the  General  Assembly 
in  1902,  and  every  four  years  thereafter  by  the  quali-^ 
fied  electors  of  the  State." 

The  amendment  offered  by  Mr.  Coleman,  of  Greene, 
was  accepted  by  the  committee. 

Mr.  Pillans  oft'ered  the  following  amendment  as  a 
substitute  for  the  amendment  oft'ered  by  Mr.  Coleman, 
of  Greene : 

x\mend  by  adding  after  the  words  "shall  be  elected" 
the  following  words,  '4n  the  year  1902  and  thereafter." 

The  substitute  offered  by  Mr.  Pillans  for  the  amend- 
ment offered  by  Mr.  Coleman,  of  Greene,  was  lost. 

The  question  recurred  upon  the  amendment  offered  by 
Mr.  Coleman,  of  Greene: 

Amend  Section  3  by  striking  out  all  of  said  section,, 
'beginning  with  the  words  "every  four  years,"  and  sub- 
stituting therefor  the  following: 

Shall  be  elected  at  the  same  time  and  places  appointed 
for  the  election  of  members  of  the  General  Assembly  in 
1902,  and  every  four  years  thereafter,  by  the  qualified' 
electors  of  the  State. 

And  the  amendment  was  adopted. 


Constitutional  Convention.  249' 

Mr.  Browne  offered  the  following  amendment  to  Sec- 
tion 3 : 

Amend  Section  3  by  striking  out  the  words  ''State" 
where  it  appears  in  the  first  line  of  said  section  of  the 
printed  copy  before  the  words  Treasurer,  and  immedi- 
ately after  the  Avord  Treasurer. 

The  amendment  was  adopted. 

Mr.  Gates  offered  the  following  amendment  to  Sec- 
tion 3 : 

Amend  Section  3  by  striking  out  the  words  "Attorney" 
General"  where  said  words  occur  in  said  section. 

Mr.  Waddell  moved  to  lay  the  amendment  of  Mr. 
Gates  upon  the  table,  and  the  motion  prevailed. 

Mr.  Burnett  offered  the  following  amendment  to  Sec- 
tion 3 : 

To  amend  Section  3  by  striking  out  the  words  where- 
they  occur,  "on  the  first  Monday  in  August,"  and  insert- 
ing in  lieu  thereof  the  following,  "on  Tuesday  after  the 
first  Monday  in  November,"  and  to  add  to  said  Section 
3,  at  the  end  the  following  words,  "the  Legislature  shall 
have  power  to  change  the  time  of  holding  the  election." 

Pending  the  further  consideration  of  the  amendment 
offered  by  Mr.  Burnett,  Mr.  Heflin,  of  Chambers,  raised 
the  point  of  order  that  the  hour  of  1  o'clock  p.  m.  having 
arrived,  under  the  rules  the  Convention  stood  adjourned. 

The  point  of  order  was  sustained,  and  the  Convention- 
adjourned  until  10  o'clock  to-morrow  morning. 


EIGHTEENTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Wednesday,  June  12,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Dr.  Stakley  of  the  city. 


250 


Journal  of  Alabama 


ROLL   CALL. 


On  a  call  of  the  roll  of  the  Convention  the  following 
delegateKS  ans\Yered  to  their  names,  which  constituted  a 
qnoriim : 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefleld, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Cardon, 

Carmicliael  (Colbert), 

Carmichael  (Coffee), 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deCraffenried, 

Eley, 

Eyster, 

Espy, 

Ferguson, 


Pitts, 

Fletcher, 

Foshec, 

r^'oster, 

Freeman, 

Gil  more. 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Marion), 

Halej^, 

Handley, 

Harrison, 

Hefiin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirklnnd, 

Kniiiht, 

Ledberter, 

Lei  ah. 


Constitutional  Convention. 


251 


Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Miirpliree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  ( Lauderdale ) , 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  ( Cullman ) , 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 


Proctor, 

Reese, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 

San  ford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M,, 

Sollie, 

Sorrel], 

Spears, 

Spragins, 

Stewart, 

Thompson, 

Vaughan, 

Wacidell, 

Walker, 

Watts, 

Weakley, 

Weatherlv, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  ( Marengo) , 

Wilson  (Washington) 

Winn— 139. 


RESOLUTIONS. 


■Mr.  Harrison  offered  the  following  resolution : 
Resolution  142,  by  Mr.  Harrison : 
Whereas,  the  immortal  spirit  of  William  J.  Samford, 
the  distinguished  Oovernor    of    Alabama,    has    passed 


252  Journal  of  Alabama 

from  earth  to  the  God  who  gave  it,  leaving  the  people  of" 
the  entire  State  deeply  impressed  with  a  lively  appre- 
ciation of  his  manly  character  and  many  virtues;  and 
with  a  profound  sense  of  the  great  loss  sustained  by  the 
State,  and 

Whereas,  His  remains  will  reach  this  city  from  Tus- 
caloosa by  special  train  about  6  o'clock  this  afternoon ; 

Now,  therefore,  be  it  resolved.  First,  That  this  Con- 
vention stand  adjourned  until  Thursday  at  noon  as  a 
mark  of  respect  to  the  lamented  dead; 

Second,  Be  it  further  resolved.  That  a  committee  of 
nine  from  this  Convention  be  appointed  by  the  Presi- 
dent to  proceed  to  Tuscaloosa  to  escort  the  remains  to 
the  Capitol  and  attend  his  funeral; 

Third,  Be  it  further  resolved.  That  the  family  of  the 
deceased  be  requested  to  allow  the  remains  of  the  dis- 
tinguished dead  to  lie  in  state  in  the  Capitol  during  to- 
morrow, Thursdav,  until  removed  to  his  home  at  Ope- 
lika. 

Mr.  Harrison  moved  that  the  rules  be  suspended. 

The  motion  prevailed. 

Mr.  Harrison  moved  that  the  resolution  be  adopted  by 
a  rising  vote. 

The  motion  prevailed,  and  the  resolution  was  unani- 
mously adopted. 

The  Chair  thereupon  aiDpointed  the  following  com- 
mittee : 

Committee — Messrs.  George  P.  Harrison,  J.  J.  Robin- 
son, G.  A.  Searcy,  Thomas  G.  Jones,  of  Montgomery; 
C.  H.  Miller,  of  Marengo ;  John  T.  Ashcraft,  R.  M.  Cun- 
ningham, J.  B.  Graham,  of  Talladega;  Hubert  T.  Davis,, 
of  Etowah. 


ADJOURNMENT. 

Under  the  resolution  above  set  out,  the  Gonventioii- 
adjourned  until  to-morrow  at  12  o'clock  m. 


Constitutional  Convention.  253 

NINETEENTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Thursdav,  June  13,  1901. 

The  Couventiou  met  pursuant  to  adjournment. 
Prayer  was  offered  b}'  Rev.  Mr.  Gay  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  ( Colbert ) , 

Carmichael  (Coffee), 

Case, 

Chapman, 

Cofer, 

Coteman  (Greene), 

Coleman  (Walker), 

Crais:, 


Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Pitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Harrison, 

Greer  (Perry), 

Haley, 

Handley, 


254 


Journal  of  Alabama 


Heflin  (Cliambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  ( Montgomery ) , 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mnrphree, 

NeSmith, 

Norman, 

Norwood,. 


Oates, 

O'Neal  (Lauderdale),. 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Robinson, 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Searcy,  . 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M.,. 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly,. 

White, 

Whiteside,. 


Constitutional  Convention.  255 

AVillett,  AAllsoD  (Clarke), 

Williams  (Barbour),  Wilson  (Washington). 

Williams  (Marengo),  Winn — 142. 
Williams  (Elmore), 

LEAVE  OF  ABvSENCE 

Was  granted  to  ^Ir.  K^ie  until  Monday. 

RESOLUTIONS. 

Mr.  Harrison  ottered  the  following  resolution : 

Kesolution  143,  by  Mr.  Harrison : 

AAliereas,  the  remains  of  Hon.  W.  J.  Samford,  late 
Governor  of  this  State,  now  lie  in  state  in  the  Capitol, 
and 

Whereas,  His  funeral  services  will  occur  at  his  home 
in  Opelika  to-morrow,  L^riday,  at  9:30  o'clock  a.  m.,  and 
the  delegates  of  this  Convention  desire  to  attend  these 
services ; 

Now,  therefore,  be  it  resolved,  That  this  Convention 
do  now  recess  until  2:30  this  afternoon,  and  that  when 
it  adjourns  this  afternoon  it  adjourn  to  meet  at  2  :30 
o'clock  to-morrow,  Friday,  afternoon,  in  order  to  give 
the  delegates  the  opportunity  of  attending  said  funeral 
services. 

^Ir.  Graham,  of  Talladega,  moved  that  the  rules  be 
suspended. 

The  motion  prevailed. 

Mr.  Harrison  moved  that  the  resolution  be  adopted. 

The  motion  prevailed. 

RECESS. 

lender  the  resolution  above  set  out,  the  Convention 
recessed  until  2  :30  o'clock  this  afternoon. 

.     EVENING  SESSION. 

The  Convention  met  pursuant  to  adjournment. 


■256 


Journal  of  Alabama 


ROLL  CALL. 


On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum: 


-Messrs.  President, 
Barefleld, 
Bartlett, 
Beddow, 
Bethune, 
Brooks, 
Browne, 
Burnett, 
Burns, 
Byars, 
Cardon, 

Carmichael  (Colbert), 
Carmichael  (Coffee), 
Case, 
Cobb, 
Cofer, 

Coleman  (Greene), 
Coleman  (Walker), 
Craig, 

Cnnningham, 
Davis  (DeKalb), 
Davis  (Etowah), 
Dent, 

deGraffenried, 
Duke, 
Eley, 
Eyster, 
Espy, 
Ferguson, 
Fitts, 
Fletcher, 
Foshee, 
Freeman, 
Gilmore, 
Glover, 


Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Hood, 

Howell, 

Howze, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kyle, 

Ledbetter, 

i.eigh, 

Locklin, 

Loniax, 

Long  (Walker), 

Lowe  (Jefferson), 

LoAve  ( Lawrence ) , 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 


Constitutional  Convention. 


257 


Moody, 

Morrisette, 

Murpliree, 

NeSmith, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Parker  (Elmore), 

Pearce, 

Pettiis, 

Phillips, 

Pillans, 

Pitts, 

Proctor, 

Reese, 

EobinsoD, 

Kogers  (Lowndes), 

Rogei-s  (Sumter), 

Sanders, 

Sanford, 

Selheimer, 

Sentell, 


Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

SoUie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Thompson, 

Vaughan, 

Waddell, 

Walkci', 

Watts, 

Weakley,  ' 

Weather  ly. 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  ( Marengo) , 

Williams  (Elmore), 

Wilson  (Washington) 

Winn— 117/ 


LEAVE   OF   ABSENCE 

Was  granted  to  Messrs.  Williams,  of  Elmore,  indefi- 
nitely; Reynolds,  of  Henry,  until  Monday, 


REPORT  OF  THE  COMMITTEE  ON   THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to  report  that 
they  have  examined  the  Journal  for  the  seventeenth  day 
of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 


John  F.  Proctor,  Chairman. 


17 


258  Journal  of  Alabama 

resolutions  on  first  reading. 

The  following  resolutions  were  offered,  read  one  time 
at  length,  and  referred  to  appropriate  committees,  as- 
follows : 

Resolution  144,  by  Mr.  Watts : 

Be  it  resolved,  That  the  Committee  on  Executive  De- 
partment report  to  this  Convention  whether  any  separ- 
ate ordinance  or  provision  in  the  Constitution  to  be- 
framed  is  necessary  to  provide  for  succession  in  the 
office  of  Governor  until  the  Governor  elected  in  1902 
goes  into  office. 

The  resolution  was  referred  to  the  Committee  on 
Executive  Department, 

Resolution  145  ( with  message ) ,  by  Mr.  AYeakley  : 

Be  it  resolved  by  this  Convention  that  the  proper  offi- 
cers of  this  Convention  be  instructed  to  transmit  to  the- 
Constitutional  (Convention  of  the  State  of  Virginia,  now 
in  session  at  Richmond,  tlie  following  message: 
To  tJifj  President  and  Delegates  of  the    Constitutional 

Conreutiion  of  the  tState  of  Virginia,  Richmond,  Va.: 

The  President  and  delegates  of  the  Constitutional  Con- 
vention of  the  State  of  Alabama,  now  in  sesf^ion  at 
Montgomer}^,  extend  greetings  to  the  President  and  dele- 
gates of  the  Constitutional  Convention  of  the  State  of 
Virginia,  now  in  session  at  Richmond. 

Mr.  AYeakley  moved  that  the  rules  be  suspended,  and 
that  the  resolution  l)e  adopted. 

The  motion  prevailed,  and  the  resolution  was  adopted. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordiminces  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Ordinance  370,  by  IMr.  Rogers,  of  Sumter: 

Relates  to  tlie  meeting  of  the  Legislature. 

The  ordinance  was  referred  to  the  Committee  on; 
Legislative  Department. 

Ordinance  371,  by  Mr.  Parker,  of  Elmore: 


Constitutional  Convention.  259 

An  ordinance  to  amend  ^ectioi.  17  of  Article  VI  of  the 
present  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

REPORT   OF   standing   COMMITTEES. 

Mr.  Jones,  of  Montgomeiy,  chairman  of  the  Committee 
on  Executive  Department,  submitted  the  following  re- 
port: 
Mr.  President : 

The  Committee  on  Executive  Department  direct  me 
to  report  as  a  substitute  for  ordinance  No.  349,  "To  es- 
tablish a  Great  Seal  for  the  State  of  Alabanui,"  the  fol- 
lowing : 

Section  22.  Commemorative  of  the  heroism  of  Emma 
Sanson  the  (xreat  Seal  of  the  State,  which  shall  be  used 
officially  by  the  (iovernor,  shall  consist  of  the  figure  of 
an  officer  on  horseback,  fully  armed,  and  a  3  oung  woman 
seated  behind  him,  with  her  left  hand  pointing  forward; 
and  the  legend  "I  will  show  you  the  way."  The  said 
seal  shall  be  called  the  Great  Seal  of  the  State  of  Ala- 
bama. The  committee  recommend  that  Section  22  of  the 
ordinance  "to  create  and  define  the  Executive  Depart- 
ment," as  it  now  stands,  be  stricken  out,  and  that  said 
substitute  be  adopted  in  lieu  thereof. 

Thomas  G.  Jones,  Chairman. 

The  ordinance  was  read  a  second  time  at  lengih,  and 
placed  upon  the  calendar,  and  300  copies  ordered 
printed. 

REPORT   OF   THE   COMMITTEE   ON   RULES. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Kules,  submitted  the  following  report: 

The  committee  reports  adversely  resolution  No.  136, 
introduced  by  Mr.  Proctor  of  Jackson,  and  recommends 
that  it  be  not  adopted  by  the  Convention.  Said  resolu- 
tion reads  as  follows: 


260  Journal  of  Alabama 

Kesolution  Xo.  136 : 

Kesolved,  That  on  and  after  the  passage  of  this  reso- 
lution all  requests  for  leave  of  absence  shall  be  reduced 
to  writing,  and  sent  to  the  Secretary's  desk  by  12  o'clock 
of  each  da}'  and  passed  ujion  by  the  Convention  at  that 
hour  and  that  no  other  requests  for  absence  shall  be  con- 
sidered at  am'  other  time. 

The  committee  amends  resolution  No.  Ill,  introduced 
hj  Mr.  Wilson,  of  Clarke,  by  striking  out  the  words 
''ten-thirty"  and  inserting  in  place  thereof  the  word 
"eleven."  The  committee  reports  favorably  on  the  reso- 
lution, as  amended,  and  recommends  that  it,  as  amended, 
be  adopted  by  the  Convention.  Said  resolution,  as 
amended,  reads  as  follows : 

Eesolution  Xo.  Ill : 

Eesolved,  That  subdivision  6,  of  Kule  22,  be  amended 
so  as  to  read  as  follows:  6.  Call  of  the  roll  in  alpha- 
betical oMer  for  the  introduction  of  resolutions,  memor- 
ials, petitions  and  ordinances,  and  their  proper  refer- 
ence. But  if  the  roll  call  is  not  completed  by  11  o'clock 
of  any  da}',  the  Convention  shall  at  that  hour  proceed 
with  the  next  regular  order  of  business. 

The  committee  herewith  returns  to  the  Convention 
the  resolutions  hereinabove  referred  to. 

Mr.  Beddow  moved  that  resolution  136,  set  out  in  the 
above  and  foregoing  report  of  the  Committee  on  Rules, 
be  laid  upon  the  table. 

And  the  motion  prevailed. 

Mr.  White  moved  that  resolution  111,  set  out  in  the 
above  and  foregoing  report  of  the  Committee  on  Rules, 
be  adopted. 

And  the  motion  prevailed. 


SUSPENSION   OF   THE   RULES. 

Mr.  White  moved  that  the  rules  be  suspended  and  that 
the  committee  proceed  to  the  consideration  of  the  report 
of  the  Committee  on  Executive  Department. 

The  rules  were  suspended,  and  the  Convention  pro- 
ceeded to  the  Consideration  of  the 


Constitutional  Convention.  261 

unfinished  business^ 

Which  was  an  ordinance  "To  create  and  define  the 
Executive   Department." 

The  question  being  upon  the  adoption  of  the  amend- 
ment to  Section  3  of  the  said  ordinance,  offered  bj  Mr. 
Burnett. 

To  amend  Section  3  by  striliing  out  the  words,  where 
they  occur  "on  the  first  Monday  in  August,"  and  insert- 
ing in  lieu  thereof  tlie  following :  "On  Tuesday  after  the 
first  Monday  in  November."  And  to  add  to  said  Sec- 
tion 3,  at  the  following  words,  "The  Legislature  shall 
have  the  power  to  change  the  time  of  holding-  the  elec- 
tion." 

By  unanimous  consent  the  amendment  was  with- 
drawn. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 3,  which  was  read  at  length : 

To  amend  3  by  striking  out  the  words  "four  years" 
and  the  insertion  therein  of  the  words  "two  years.' 

Mr.  Reese  moved  to  table  the  amendment  offered  by 
Mr.  Sanford,  and  the  motion  prevailed. 

Mr.  O'Rear  offered  the  following  amendment  to  Sec- 
tion 3,  which  was  read  at  length : 

Amend  Section  3  by  striking  out  the  figures  "1902" 
and.  insert  in  lieu  thereof  the  figures  "1904." 

Mr.  Jones,  of  Montgomery,  moved  to  table  the  amend- 
ment offered  by  Mr.  O'Rear,  and  the  motion  prevailed. 

Mr.  Coleman,  of  Greene,  offered  the  following  amend- 
ment to  Section  3,  which  was  read  at  length : 

Amend  Section  3  by  striking  out  the  words  "1902'^ 
and  insert  therein  the  words  "1904." 

Mr.  Dent  moved  to  table  the  amendment  offered  by 
Mr.  Coleman,  of  Greene,  and  the  motion  prevailed. 

Mr.  Jones,  of  Bibb,  offered  the  following  amendment 
to  Section  3,  which  was  read  at  length : 

Amend  Section  3  by  adding  immediately  after  the 
words  "Attorney  General"  the  words  "who  shall  be 
learned  in  the  law." 

The  amendment  offered  by  Mr..  Jones,  of  Bibb,  was 
lost. 


262  Journal  of  Alabama 

Mr.  Howze  moved  that  iSectiou  3,  as  amended : 
See.  3.  The  Governor,  Lieutenant  Governor,  Secre- 
tary of  State,  Treasurer,  Auditor,  Attorney  General, 
Superintendent  of  Education,  and  Commissioner  of  Ag- 
riculture and  Industries,  shall  be  elected  at  the  same 
time  and  places  appointed  for  the  election  of  members 
of  the  General  Assembly  in  1902,  and  every  four  years 
thereafter  by  the  qualified  electors  of  the  State. 

The  motion  of  Mr.  Howze  prevailed,  and  Section  3,  as 
amended,  was  adopted. 


SECTION   FOUR. 

Sec.  4.  The  returns  of  ever}'  election  for  Governor, 
Lieutenant-Governor,  Secretary  of  State,  State  Auditor, 
State  Treasurer,  Attorney-General,  Superintendant  of 
of  Education,  and  Commissioner  of  A<;,riculture  and 
Industries,  shall  be  sealed  up  and  transmitted  by  the 
returning  officers  to  the  seat  of  Government,  and  direct- 
ed to  the  Speaker  of  the  House  of  Representatives,  who 
shall,  during  the  first  week  of  the  session  to  which  said 
returns  shall  be  made,  open  and  publish  them  in  the 
presence  of  both  Houses  of  the  General  Assembly  in 
joint  Convention ;  but  the  Speaker's  duty  shall  be  purely 
ministerial,  in  this  respect  and  any  objection  to  any  re- 
turn on  account  of  informality,  defect  or  other  cause, 
shall  be  decided  by  the  Speaker,  subject  to  the  control 
of  the  majority  of  the  joint  convention.  The  person 
having  the  higliest  number  of  votes  for  either  of  said 
offices  shall  be  declared  duly  elected;  but  if  two  or  more 
persons  shall  have  an  equal  and  the  highest  number  of 
votes  for  the  same  office,  the  General  Assembly,  by  joint 
vote,  without  delay,  shall  choose  one  of  said  persons  for 
said  office.  Contested  elections  for  Governor,  Lieuten- 
ant Governor,  Secretary  of  State,  State  Auditor,  State 
Treasurer,  Attorney  General,  Superintendent  of  Edu- 
cation, and  Commissioner  of  Agriculture  and  Industries 
shall  be  detenu ined  by  both  Houses  of  the  General  As- 
sembly, in  such  manner  as  may  be  prescribed  by  law, — 
was  read  at  length. 


Constitutional  Convention.  263 

Mr.  Grahaui,  of  Talladega,  otfered  the  following 
ameudmeut  to  iSectioii  4,  which  was  read  at  length : 

Amend  Section  4  by  striking  out  the  word  ''State" 
before  the  words  "Auditor  and  Treasurer''  wherever  it 
occurs  in  the  section. 

The  amendment  Was  adopted. 

Mr.  Graham,  of  Talladega,  offered  the  following 
amendment  to  Section  4,  which  was  read  at  length : 

Amend  line  13  of  Section  4  by  substituting  the  word 
'''any"  for  the  word  "either.'' 

The  amendment  was  adopted. 

Mr.  Robinson  oft'ered  the  following  amendment  to 
Section  4,  which  was  read  at  length : 

Amend  Section  4  by  inserting  after  the  word  "Con- 
vention" in  the  ninth  line,  the  following,  "but  said  ob- 
jection shall  be  determined  without  debate  or  delay,  and 
the  power  of  said  Convention  shall  be  limited  by  that  of 
the  Speaker." 

The  amendment  was  adopted. 

reconsideeation. 

Mr.  Fitts  nu)ved  that  the  vote  by  which  the  amend- 
ment offered  by  Mr.  Ivobinson  passed,  be  reconsidered. 

Mr.  Keese  raised  the  point  of  order  that  under  the 
rules  the  motion  of  Mr.  Fitts  should  go  over  until  to- 
morrow for  consideration. 

The  point  of  order  was  sustained. 

Mr.  deGraffenried  moved  that  the  rules  be  suspended 
in  order  to  immediately  reconsider  the  vote  by  which 
the  amendment  was  adopted. 

The  motion  prevailed,  and  the  rules  were  suspended. 

Mr.  Fitts  moved  that  the  vote  by  which  the  amend- 
ment offered  by  Mr.  Robinson  was  adopted  be  reconsid- 
ered, and  the  motion  prevailed. 

Mr.  Rogers,  of  Sumter,  offered  the  following  resolu- 
tion, which  was  read  at  length : 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
Section  4  of  an  ordinance  "to  create  and  define  the  Exe- 
cutive Department."  is  ambiguous,  and  that  we  do 
recommend  it  to  said  committee  for  revision. 


264  Journal  of  Alabama 

The  resolution  was  adopted,  and  Section  4  of  the  ordi- 
nance was  recommitted  to  the  Committee  on  Executive 
Department. 

SECTION  FIVE. 

Sec.  5.  The  Governor,  Lieutenant  Governor,  Secre- 
tary of  State,  State  Treasurer,  Attornej^  General,  State 
Auditor,  Superintendent  of  Education,  and  Commis- 
sioner of  Agriculture  and  Industries  shall  hold  their 
respective  offices  for  the  term  of  four  jears  from  the  first 
day  of  December  of  the  year  in  which  the}^  shall  have 
been  elected,  and  until  their  successors  shall  be  elected 
and  qualified,  and  under  the  first  election  under  this  Con- 
stitution neither  of  them  shall  be  eligible  as  his  own  suc- 
cessor ;  and  the  Governor  shall  not  be  eligible  to  election 
to  any  office  under  this  State  within  one  year  after  the 
expiration  of  his  term;  and  his  acceptance  of  the  office 
shall  be  a  pledge  to  the  people  not  to  accept  an  election 
or  appointment  to  the  Senate  of  the  United  States  at 
any  time  during  his  term,  or  within  one  year  thei^e- 
after. 

Was  read  at  length. 

Mr.  Jones,  Chairman  of  the  committee,  offered  the 
following  amendment  to  Section  5,  which  was  read  at 
length : 

Amend  Section  5  by  adding  the  words  ''elected  in  the 
year  1902"  between  the  word  ''Commissioner  of  Agri- 
culture and  Industries''  and  the  word  ''shall"  in  such 
section. 

Mr.  Walker  offered  the  following  substitute  for  the 
amendment  offered  by  the  committee,  whicli  was  read 
at  length: 

Amend  by  adding  after  word  1902  in  amendment  the 
following  words,  "and  in  each  fourth  year  thereafter." 

Mr.  Lomax  moved  to  table  the  substitute  for  the 
amendment  offered  by  ]Mr,  Walker,  and  the  motion  pre- 
vailed. 

The  question  recurred  upon  the  adoption  of  the 
amendment  offered  bv  the  committee. 


Constitutional  Convention.  265- 

Mr.  Jones,  of  Montgomery,  moved  that  the  amend- 
ment be  adopted,  and  the  motion  prevailed. 

Mr.  deGraffenried  offered  the  following  amendment 
to  Section  5,  which  wavs  read  at  length : 

Amend  Section  5  by  striking  therefrom  all  the  sec- 
tion that  succeeds  the  following  words  in  line  seven, 
viz. :  "After  the  expiration  of  his  term." 

Mr.  Long,  of  Walker,  offered  the  following  substi- 
tute for  the  amendment  oft'ered  by  Mr.  deGraffenried, 
which  was  read  at  length : 

Amend  Section  5  by  adding  the  words  "or  appoint- 
ment" after  the  word  "election"  in  the  sixth  line. 

Amend  further  by  striking  out  all  words  after  the 
word  "term"  in  the  seventh  line. 

The  substitute  was  lost. 

Mr.  Greer,  of  Calhoun,  offered  the  following  amend- 
ment to  the  amendment  offered  by  Mr.  deGraffenried, 
which  was  read  at  length : 

Amend  by  striking  out  after  the  word  "qualified"  in 
fifth  line  the  balance  of  said  section. 

Mr.  Boone  moved  to  table  the  amendment  to  amend- 
ment offered  by  Mr.  Greer,  of  Calhoun : 

And  the  motion  prevailed. 

Mr.  Browne  offered  the  following  substitute  for  the 
amendment  offeree!  by  Mr.  deGraffenried,  which  was 
read  at  leng-th : 

Strike  out  all  of  Section  5  after  the  words  "shall  be 
eligible"  in  line  6,  and  insert  in  lieu  thereof  the  words  "to 
election  or  appointment  to  any  office  under  this  State 
within  one  year  after  the  expiration  of  his  term. 

The  substitute  for  the  amendment  was  temporarily 
withdrawn. 

adjournment. 

Mr.  Jones,  of  Montgomery,  moved  that  the  Conven- 
tion adjourn  until  2  :30  p.  m.  to-morrow. 

The  motion  prevailed. 

And  finding  the  further  consideration  of  the  amend- 
ment off'ered  by  Mr.  deGraffenried  to  Section  5  of  the 
ordinance  "To  create  and  define  the  Executive  Depart- 
ment," the  Convention  adjourned  until  to-morrow  atr 
2 :30  p.  m. 


266  Journal  of  Alabama 

TWENTIETH  DAY. 
Convention  Hall. 
Montgomery,  Ala.,  Friday,  June  11,  1901. 
The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  consti- 
tuted a  quorum : 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beaver, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Davis  (DeKalb), 


Davis  (Etowah), 

Dent, 

•'lelTraffenried, 

Duke, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Greer  (Calhoun), 

Greer  (Perry), 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderi^'on, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 


Constitutional  Convention. 


267 


Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Ledbetter, 

Leigh, 

Locklin, 

Loinax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  ( Lawrence) , 

Macclonald, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox^^), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 


Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Keese 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A  , 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  (Washington), 

Winn— 126. 


LEAVE  OF  ABSENCE 


Was  granted  to  Messrs.  Kyle  for  to-day  and  to-mor- 
row; Robinson  for  to-day  and  to-morrow;  O'Neil,  of  Jef- 


268  Journal  of  Alabama 

ferson,  for  to-day;  Grant  for  to-day;  Sollie  for  to-day; 
Kirkland  for  to-day ;  Espy  for  to-morrow ;  Hale}^  for  to- 
day, to-morrow  and  Monday;  Weakley  for  to-morrow; 
Norwood  for  to-morrow;  Mood}'  for  to-morrow. 

REPORT  OF  THE  CO^miTTEE   OX   THE   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  nineteenth 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

RESOLUTIONS. 

Mr.  Reese  offered  the  following  resolution : 

Resolution  146: 

Resolved,  That  hereafter  when  members  shall  come 
into  the  Convention,  after  the  roll  call,  their  presence 
may  be  noted  by  the  Secretary,  upon  their  personal  ap- 
plication, without  interrupting  the  Convention  proceed- 
ings. 

Mr.  deGraffenried  moved  that  the  rules  be  suspended 
and  the  resolution  be  placed  upon  its  immediate  pass- 
age. The  rules  were  suspended  and  the  resolution  was 
adopted. 

REPORT   OF   STANDING   COMMITTEES. 

Mr.  Browne,  chairman  of  the  Committee  on  Taxation, 
submitted  the  following  report,  which  was  read  one  time 
at  length,  and  300  copies  ordered  printed : 

REPORT  OF  COMMITTEE  ON  TAXATION. 

Mr.  President: 

The  Committee  on  Taxation  has  instructed  me  to 
make  the  following  report,  viz. : 

All  of  the  ordinances  referred  to  it  have  been  care- 
fully examined  and  considered  by  the  Committee,  and 


Constitutional  Convention.  269 

Ibe  substance  of  some  of  tliem  has  been  incorporated  in 
the  herewith  submitted  Article  on  Taxation,  which  is 
recommended  to  be  adoi3ted  in  lieu  of  Article  XI  of  the 
Constitution  of  1875.  Those  suggestions,  presented  in 
such  ordinances,  which  have  been  incorporated  in  the 
proposed  article,  will  be  manifest  by  the  reading  there- 
of. 

All  ordinances  referred  to  the  Committee  are  here- 
Avith  returned.  The  changes  in  the  Article  on  Taxation 
are  as  follows : 

Section  1  has  been  so  amended  as  to  exclude  from 
taxation  debts  for  the  rent  or  hire  of  real  or  personal 
property  for  the  current  year  of  rental  or  hire,  in  the 
hands  of  the  landlord  or  hire,  when  the  real  or  personal 
property  is  assessed  for  taxation  at  its  full  value. 

Section  3  has  been  amended  so  as  to  authorize  the 
Governor  to  negotiate  temporarv  loans,  not  to  exceed 
three  hundred  thousand  dollars^  whereas  under  the 
Constitution  of  1875,  such  loans  are  limited  to  one  hun- 
dred thousand  dollars.  And  Section  3  has  been  so 
amended  as  to  provide  for  refunding  the  bonded  indeb- 
tedness of  the  State. 

Section  4  is  amended  by  limiting  the  amount  of  State 
tax  to  65-100  of  1  percentum,  instead  of  3-4  of  1  per- 
centum. 

Section  5  is  amended  so  as  to  provide  for  the  con- 
struction and  maintenance  of  public  roads  by  special 
taxation,  as  is  now  provided  for  public  buildings  and 
bridges,  but  all  of  such  special  tax  is  limited  to  1-4  of  1 
percentum,  whereas  the  special  tax  for  such  buildings 
and  bridges  is  now  without  constitutional  limitation. 

This  section  is  further  so  amended  as  to  provide  that 
counties  may  levy  and  collect  such  special  taxes  as  may 
be  authorized  by  law  for  public  schools,  provided  the 
extent  of  such  tax,  the  time  it  is  to  be  continued,  and 
the  purpose  thereof,  shall  be  first  submitted  to  a  vote  of 
the  qualified  electors  of  the  county  who  are  property 
tax  payers,  and  voted  for  by  a  majority  in  numbers, 
and  in  taxable  value  of  property,  voting  at  such  election ; 
provided  also,  that  no  such  tax  shall  increase  the  total 
amount  of  taxation  for  all  State  and  County  purposes. 


270  Journal  of  Alabama 

except  public  buildings,  roads  and  bridges,  to  a  greater 
rate  than  |1.25  on  every  one  hundred  dollars  of  taxable 
propert3\  This  public  school  fund  is  provided  to  be 
equitably  ajjpropriated,  and  paid  to  the  several  pub- 
lic schools  in  the  county  by  the  Commissioners'  Court 
or  Boards  of  Revenue  thereof. 

Sec.  6  has  been  amended  by  striking  out  the  words 
"or  enterprises.'' 

Sec.  7  has  been  amended  so  as  to  provide  for  the  levy 
and  collection  by  cities  and  towns  of  a  special  school 
tax  under  similar  restrictions  to  those  with  regard  to 
the  special  school  tax  of  counties  providing  the  rate  for 
all  State,  Count}^  and  City  purposes  shall  not  exceed 
.|1.75  on  the  one  hundred  dollars  of  taxable  property. 
This  fund  is  to  be  appropriated  equitably  among  and 
paid  to  the  public  schools  of  the  city  or  town  by  the 
corporate  authorities  thereof. 

Sec.  8  has  been  entirely  omitted. 

An  additional  section  (as  Section  9)  is  recommended 
limiting  the  indebtedness  of  counties  to  5  percentum  of 
the  taxable  value  of  the  property  thereof,  but  providing, 
it  shall  not  apply  to  indebtedness  in  excess  of  such  5' 
percentum  which  has  been  already  created  or  authorized 
by  law  to  be  created. 

A  second  additional  section  (as  Section  10)  is  recom- 
mended limiting  the  indebtedness  of  cities  and  towns 
to  5  percentum  of  the  taxable  value  of  the  property,  but 
allowing  an  additional  3  percentum  indebtedness  for 
waterworks,  gas  and  electric  light  plants,  and  sanitary 
sewerage.  It  is  further  provided  that  such  limitation 
shall  not  apply  to  indebtedness  in  excess  of  such  5  per- 
centum already  created  or  authorized  by  law  to  be 
created. 

Cecil  Browne, 

CJtairman  of  Oominittee  on  Taxation. 

ARTICLE  XI — taxation. 

Seo.  1.  All  taxes  levied  on  pro]>erty  in  this  State- 
shall  be  assessed  in  exact  proportion  to  the  value  of  sucli: 


Constitutional  Convention.  271 

propert}',  but  no  tax  shall  be  assessed  upon  any  debt  for 
rent  or  hire  of  real  or  personal  property  while  owned  by 
the  landlord  or  hirer  during  the  current  year  of  such 
rental  or  hire,  and  when  such  real  or  personal  property 
is  assessed  at  its  full  value;  provided,  however,  the  Gen- 
eral Assembly  may  levy  a  poll  tax,  not  to  exceed  |1.50 
on  each  poll,  which  shall  be  applied  exclusively  in  aid 
of  the  public  school  fund  in  the  county  so  paying  the 
same. 

Sec.  2.  No  power  to  levy  taxes  shall  be  delegated  to 
Individuals  or  private  corporations. 

Sec.  3.  After  the  ratification  of  this  Constitution,  no 
new  debt  shall  be  created  against,  or  incurred  by  this 
State,  or  its  authority,  except  to  repel  invasion  or  sup- 
press insurrection,  and  then  only  by  a  concurrence  of 
two-thirds  of  the  members  of  each  House  of  the  Gen- 
eral Assembly,  and  the  vote  shall  be  taken  by  yeas  and 
nays,  and  entered  on  the  Journals;  and  any  act  creat- 
ing or  incurring  an}^  new  debt  against  this  State,  ex- 
t:ept  as  herein  provided  for,  shall  be  absolutely  void; 
provided,  the  Governor  may  be  authorized  to  negotiate 
temporary  loans,  never  to  exceed  three  hundred  thou- 
sand dollars,  to  meet  the  deficiencies  in  the  Treasury; 
and  until  the  same  is  paid,  no  new  loan  shall  be  nego- 
tiated; provided  further,  that  this  section  shall  not  be 
so  construed  as  to  prevent  the  issuance  of  bonds  for  the 
purpose  of  refunding  the  State's  existing  bonded  in- 
del)tedness. 

Sec.  4.  The  General  Assembly  shall  not  have  the 
power  to  levy,  in  any  one  year,  a  greater  rate  of  taxation 
than  65-100  of  1  percentum  on  the  value  of  the  taxable 
property  within  this  State. 

Sec.  5.  No  county  in  this  State  shall  be  authorized  to 
levy  a  larger  rate  of  taxation,  in  any  one  year,  on  the 
value  of  the  taxable  property  therein,  than  1-2  of  1  per- 
centum;  provided,  that  to  pay  debts  existing  at  the 
ratification  of  the  Constitution  of  1875,  an  additional 
rate  of  1-4  of  1  per  centum  may  be  levied  and  collected, 
which  shall  be  exclusively  appropriated  to  the  payment 
of  such  debts  or  the  interest  thereon ;  provided  further, 
that  to  pay  any  debt  or  liability  now  existing  against 


-272  Journal  of  Alabama 

any  county,  incurred  for  the  erection,  construction  and 
maintenance  of  tlie  necessary  public  buildings  or 
bridges  or  roads,  any  county  may  levy  and  collect  such 
special  taxes  not  to  exceed  a  rate  of  1-4  of  1  perceutum, 
as  may  have  been  or  may  hereafter  be  authorized  by  law, 
which  taxes  so  levied  and  collected  shall  be  applied  ex- 
clusively to  the  purposes  for  which  the  same  were  so 
levied  and  collected;  provide'd  further,  that  for  the 
maintenance  of  public  schools  any  county  may  levy  and 
collect  such  special  tax  as  may  be  authorized  by  law, 
provided  such  special  tax,  the  time  it  is  to  continue,  and 
the  purposes  thereof,  shall  have  been  first  submitted  to 
a  vote  of  the  property  taxpayers,  who  are  qualified  elect- 
ors in  said  county  and  voted  for  by  majority  thereof  in 
numbers  and  in  value  of  taxable  propert}^,  voting  at 
such  election,  provided  that  the  rate  of  such  special  tax 
for  maintenance  of  public  schools  shall  not  increase  the 
rate  of  taxation  in  any  one  year  to  more  than  $1.25  on 
every  one  hundred  dollars  worth  of  taxable  property, 
for  all  State  and  County  purposes,  excluding  any  spe- 
cial tax  for  the  erection,  construction  and  maintenance 
of  necessary  public  buildings,  l)ridges  and  roads;  and 
provided  further,  that  such  special  tax  for  schools  shall 
be  apportioned  equitably  and  paid  to  the  public  schools 
of  such  county,  by  the  Court  of  County  Commissioners 
or  Board  of  Revenue  thereof. 

Sec.  6.  The  property  of  private  corporations,  asso- 
ciations and  individuals  of  this  State  shall  forever  be 
taxed  at  the  same  rate ;  provided,  this  section  shall  not 
apply  to  institutions  devoted  exclusively  to  religious, 
educational  or  charitable  purposes. 

Sec.  7.  No  city,  town  or  other  municipal  corporation 
other  than  provided  for  in  this  article,  shall  Iqyj  or  col- 
lect a  larger  rate  of  taxation  in  any  one  year  on  the 
property  thereof,  than  1-2  of  1  per  centum  of  the  value 
of  such  property,  as  assessed  for  State  taxation  during 
the  preceding  year;  provided,  that  for  the  payment  of 
debts  existing  at  the  time  of  the  ratification  of  the  Con- 
stitution of  1875  and  the  interest  thereon,  an  additional 
rate  of  1  per  centum  may  be  collected,  to  be  a])plied  ex- 
clusively to  such  indebtedness;  provided,  further,  that 


Constitutional  Convention.  273 

for  the  maintenance  of  public  schools  such  city,  town  or 
other  municipal  corporation  may  levy  and  collect  such 
special  tax  as  may  be  authorized  by  law,  provided  such 
special  tax  shall  not  be  levied  and  collected  when  it  shall 
cause  a  greater  rate  of  taxation  in  any  one  year  than  one 
dollar  and  seventy-five  cents  on  every  hundred  dollars 
of  taxable  property,  for  all  State,  county  and  municipal 
purposes,  except  the  erection,  construction  and  main- 
tenance by  counties  of  necessary  public  buildings, 
bridges  or  roads,  and  provided  such  special  tax  for 
schools,  the  time  it  is  to  continue,  and  the  purposes 
thereof,  shall  have  been  first  submitted  to  a  vote  of  the 
property  tax  payers  who  are  qualified  electors  in  said 
•city,  town  or  other  municipal  corporations,  and  A'oted 
for  by  majority  thereof,  in  numbers,  and  in  value  of 
taxable  property,  voting  at  such  election,  and  provided 
such  tax  for  schools  shall  be  apportioned  equitably  and 
paid  to  the  public  schools  of  said  city,  town  or  other 
municipal  corporation  by  the  municipal  authorities 
thereof;  and  provided,  this  section  shall  not  apply  to 
the  city  of  Mobile,  which  city  may  levy  a  tax  not  to  ex- 
ceed the  rate  of  3-4  of  1  per  centum  to  pay  the  expenses 
of  the  city  government,  and  may  also  levy  a  tax  not  to 
exceed  the  rate  of  3-4  of  1  per  centum  to  pay  the  indebted- 
ness of  said  city  existing  at  the  time  of  the  ratification 
of  the  Constitution  of  1875,  and  the  interest  thereon; 
provided  further,  that  this  section  shall  not  apply  to 
the  city  of  Birmingham,  which  city  may  levy  and  col- 
lect a  tax  not  exceeding  1-2  of  1  per  centum,  in  addition 
to  the  tax  of  1-2  of  1  per  centum  hereinabove  allowed  to 
be  levied  and  collected,  such  special  tax  to  be  applied 
exclusively  to  the  payment  of  the  interest  on  the  bonds 
of  the  said  city  of  Birmingham  heretofore  issued  by  said 
city  in  pursuance  of  law,  and  for  a  sinking  fund  to  pay 
off  said  bonds  at  the  maturity  thereof, 

Sec.  8.  The  General  Assembly  shall  not  have  the 
power  to  require  the  counties  or  other  municipal  (^)r- 
porations  to  pay  any  charges  which  are  now  payabie 
out  of  the  State  Treasury. 

Sec.  9.  No  county  shall  liecome  indebted  in  an  amount 
greater  than  5  jier  centum  of  the  taxable  value  of  tlie 

18 


274  Journal  of  Al.\bama 

property  thereof ;  provided,  this  section  shall  not  apply 
to  any  indebtedness  in  excess  of  such  5  per  cent,  which 
has  already  been  created,  or  authorized  by  law  to  be 
created. 

Sec.  10.  No  city,  town  or  other  municipal  corporation 
shall  become  indebted  in  an  amount  exceeding  5  per 
centum  of  the  taxable  value  of  the  property  thereof; 
provided,  that  for  the  erection  or  purchase  of  water- 
works, gas  or  electric  plants,  or  sanitary  sewerage  an, 
additional  indebtedness  not  to  exceed  3  per  centum  may 
be  created ;  provided,  further,  that  this  section  shall  not 
apply  to  indebtedness  in  excess  of  such  5  per  centum 
already  created  or  authorized  b}'  law  to  be  created. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  Section  5  of  the  ordi- 
nance "To  create  and  define  the  Executive  Department." 
-  Sec.  5.  The  Governor,  Lieutenant  Governor,  Secre- 
tary of  State,  State  Treasurer,  Attorney  General,  State 
Auditor,  Superintendent  of  Education,  and  Commis- 
sioner of  Agriculture  and  Industries  shall  hold  their  re- 
spective offices  for  the  term  of  4  yeai'S  from  the  first  day 
of  December  of  the  year  in  which  they  shall  have  been 
elected,  and  until  their  successors  shall  be  elected  and 
qualified,  and  after  the  first  election  under  this  Consti- 
tution neither  of  them  shall  be  eligible  as  his  own  suc- 
cessor ;  and  the  Governor  shall  not  be  eligible  to  election 
to  any  office  under  this  State  within  one  year  after  the 
expiration  of  his  term ;  and  his  acceptance  of  the  office 
of  Governor  shall  be  a  pledge  to  the  people  not  to  accept 
an  election  or  appointment  to  the  Senate  of  the  United 
States  at  any  time  during  his  term,  or  within  one  year 
thereafter. 

The  question  being  upon  the  amendment  ottered  by 
Mr. •deGratt'euried,  whicli  was  read  at  length: 

Amend  Section  5  by  striking  therefrom  all  of  the  sec- 
tion that  succeeds  the  following  words  in  line  seven» 
namely,  ''after  the  expiration  of  his  term." 


Constitutional  Convention.  275 

Mr.  White  moved  to  table  the  aiuendinent  offered  by 
Mr.  deGraffenried. 

And  the  motion  of  Mr.  White  was  lost. 

The  question  recurred  again  upon  the  adoption  of  the 
amendment  oft'ered  by  Mr.  deGraffenried,  and  the 
amendment  was  adopted. 

Mr.  Pettus  offered  the  following  amendment,  which 
was  read  at  length : 

Amend  Section  5,  line  six,  by  striking  out  the  words 
"neither  of  them"  in  line  five  and  six  of  said  section, 
and  inserting  in  lieu  thereof  the  words  "no  one  of  said 
officers." 

And  the  amendment  was  adopted. 

Mr.  Chapman  offered  the  following  amendment, 
which  was  read  at  length : 

Amend  Section  5  of  Article  5  as  follows,  by  striking 
out  the  word  "one"  in  lines  seven  and  nine,  and  insert- 
ing in  lieu  thereof  the  word  "four." 

Mr.  Jones,  of  Montgomery,  moved  to  table  the  amend- 
ment offered  by  Mr.  Chapman,  and  the  motion  prevailed. 

Mr.  Foster  offered  the  following  amendment,  which 
was  read  at  length : 

Amend  Section  5  by  adding  immediately  after  the 
word  "State,"  in  line  seven,  the  following,  "or  to  the 
Senate  of  the  United  States." 

And  the  amendment  was  adopted. 

Mr.  Dent  offered  the  following  amendment,  which 
was  read  at  length : 

Amend  Section  5  of  Article  5  by  adding  after  the 
words  "as  his  own  successor,"  in  the  sixth  line,  the  fol- 
lowing words,  "nor  shall  they  be  eligible  as  the  succes- 
sors of  each  other," 

Mr.  Pettus  moved  to  table  the  amendment  offered  by 
Mr.  Dent,  and  the  motion  prevailed. 

Mr.  Ashcraft  offered  the  following  amendment,  which 
was  read  at  length  : 

Amend  Section  5  by  striking  out  of  line  six  thereof 
the  following  words,  "as  his  own  successor;  and  the 
Governor  shall  not  be  eligible." 

Mr.  Weatherly  moved  to  table  the  amendment  offered 
hy  Mr.  Ashcraft,  and  the  motion  prevailed. 


276  Journal  of  Alabama 

Mr.  Harrison  offered  the  following  amendment,  which 
was  accepted  by  the  chairman  of  the  Committee  on  Exe- 
cutive Department : 

Amend  Section  5  by  striking-  out  the  word  "December'' 
where  it  occurs  in  the  fourth  line  of  said  section,  and  in- 
sert in  lieu  thereof  the  word  "•Xovember,"  and  strike  out 
the  word  ''first"  where  it  occurs  on  the  third  line  of  said 
section  and  insert  in  lieu  thereof  the  word  "fifteenth." 

The  amendment  of  Mr.  Harrison  was  adopted. 

Mr.  Pearce  offered  the  following  amendment,  which 
was  read  at  length : 

Amend  Section  5  in  the  sixth  line,  after  the  word 
"election"  by  adding  the  words  "or  appointment." 

And  the  amendment  was  adopted. 

And  Section  5,  as  amended,  was.  adopted. 

SECTION   SIX. 

Sec.  6.  The  Governor  and  Lieutenant  Governor  shall 
each  be  at  least  thirty  years  of  age  when  elected,  and 
shall  have  been  citizens  of  the  United  States  ten  years, 
and  resident  citizens  of  this  State  at  least  seven  years 
next  before  the  date  of  their  election.  The  Lieutenant 
Governor  shall  be  ex-officio  President  of  the  Senate, 
which  shall  elect  a  President  pro  tem  from  among  its 
own  members,  who  shall  discharge  the  duties  of  the  Lieu- 
tenant Governor  in  the  Senate,  whenever  he  is  absent  or 
disqualified. 

Was  read  at  length. 

Mr.  Spraggins  offered  the  following  amendment, 
wdiich  was  read  at  length : 

To  amend  Section  0  by  adding  at  the  end  thereof  "but 
the  Lieutenant  Governor,  when  acting  as  President  of 
the  Senate,  shall  have  no  right  to  vote,  except  in  the 
event  of  a  tie. 

The  anumdment  was  adopted. 

And  Section  6,  as  amended,  was  adopted. 

SECTION  SEVEN. 

See.  7.  The  Lieutenant  Governor,  Secretary  of  State, 
State  Auditor,  State  Treasurer,  Attorney  General,  Su- 


Constitutional  Convention.  277 

perintendent  of  Education,  and  Commissioner  of  Agri- 
culture and  Industries  shall  receive  eonipeusatiou  for 
their  services,  which  shall  be  fixed  by  law,  and  which 
shall  not  be  increased  or  diminished  during  the  term  for 
which  they  have  been  elected,  and  with  the  exception  of 
the  Lieutenant  Governor,  shall  reside  at  the  Capital. 
After  the  adoption  of  this  Constitution,  the  compensa- 
tion of  the  Governor  shall  be  five  thousand  dollars  per 
annum,  which  shall  not  be  thereafter  increased  or  di- 
minished during  the  term  for  which  he  shall  have  been, 
electd. 

Mr.  Vaughan  submittd  the  following  minority  re- 
port : 

The  undersigned  member  of  the  Committee  on  Exe- 
cutive Department  does  not  concur  in  the  report  of  the 
Committee  as  to  Section  7,  and  he  offers  as  a  substitute 
for  Section  7,  the  following : 

See.  7.  The  Governor,  Lieutenant  Governor,  Secre- 
tary of  State,  State  Auditor  and  Attorney  General  shall 
receive  compensation  for  their  services  which  shall  be 
fixed  by  law,  and  which  shall  not  be  increased  or  di- 
minished during  the  term  for  which  they  shall  have 
been  elected,  and  shall,  except  the  Lieutenant  Governor, 
reside  at  the  State  Capital  during  the  time  they  continue 
in  office,  except  in  cases  of  epidemic. 

Mr.  Vaughan  asked  unanimous  consent  to  offer  the 
following  amendment  to  Section  7  of  the  minority  re- 
port : 

Amend  Section  7  by  adding  thereto  ''State  Treasur- 
er'' after  the  words  Secretary  of  State  in  the  first  line 
of  the  section ;  and  the  words  "Commissioner  of  Agri- 
culture and  Industries"  after  the  words  "State  Audi- 
tor" in  the  same  line. 

Consent  was  given,  and  the  amendment  was  adopted. 

Mr.  Henderson  offered  the  following  amendment  to 
the  minority  report,  which  was  read  at  length  : 

Amend  Section  7  of  the  minority  report  by  strikng 
out  the  words  "Lieutenant  Governor"  from  tlu^  first 
line  of  said  section, 

^Ir.  deGraffenried  moved  to  table  the  amendment  of- 
fered by  ^Ir.  Henderson,  and  the  motion  prevailed. 


278 


Journal  of  Alabama 


Mr.  Howze  offered  the  following  amendment,  which 
was  read  at  length: 

Amend  Section  7  of  the  minority  report  by  adding  the 
following :  "The  Lieutenant  Governor  shall  be  paid  the 
same  compensation  as  that  received  b}-  the  Speaker  of 
the  House,  except  when  serving  as  Governor,  when  he 
shall  receive  the  salary  of  said  office. 

And  the  amendment  was  adopted. 

]Mr.  deGraffenried  moved  to  table  the  minority  re- 
port, and  the  motion  was  lost. 

Yeas,  37;  nays,  90. 


YEAS. 


Messrs.  President, 
Beddow, 
Bethune, 
Boone, 

Brooks, 

Burnett, 

Carmichael  (Coffee), 

Dent, 

deGraffenried, 

Fitts, 

Gilmore, 

Graham  (Talladega), 

Heflin  (Randolph), 

Howell, 

Inge, 

Jones  (Bibb), 

Jones  (Montgomery), 

Lorn  ax, 

Lowe  (Jefferson), 


Macdonald, 

Merrill, 

Morrisette, 

Norwood, 

Gates, 

O'Neal  ( Lauderdale ) , 

Palmer, 

Pitts, 

Rogers  (Lowndes), 

Sanders, 

Selheimer, 

Smith  (Mobile), 

Smith,  Morgan  M., 

Tavloe, 

Waddell, 

Watts, 

White, 

Wilson  (Clarke)— 37. 


NOES. 


Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 


Bartlett, 

Reavers, 

Rlackwell, 

Browne, 

Bulger, 


Constitutional  Convention. 


279 


Messrs.  Aliiion, 

Byars, 

■Carmichael  ( Colbert ) , 

Case, 

•Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

•Coleman  (Walker), 

Cornwell, 

Craig, 

Cnnningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fletcher, 

Foster, 

Freeman, 

Olover, 

Greer  (Calhoun), 

Oreer  (Perry), 

Handley, 

Harrison, 

Heflin  (Chambers), 

Henderson, 

Hodges, 

Hood, 

Howze, 

Jack son, 

Jenkins, 

Jones  (Hale), 

Jones  (Wilcox), 

KnijjhL, 

Ledbetter, 

Leigh, 

LockliTi, 


Long  (Butler), 
Long  (Walker), 
Lowe  (Lawrence), 
McMillan  (Wilcox), 
Malone, 
Martin, 
Maxwell, 

Miller  (Marengo), 
Miller  (Wilcox), 
Moody, 
Murphree, 
Opp, 
O'R-ear, 

Parker  (Cullman), 
Parker  (Elmore), 
Pearce, 
Pettus, 
Pillans, 
Porter, 
Proctor, 
Reese, 

Rogers  (Sumter), 
Sanford, 
Searcv, 
Senteil, 

Smith,  Mac.  A., 
Sorrell, 
Spears, 
Spragins, 
Stewart, 
Studdard, 
Thompson, 
Vaughan, 
Waiker, 
Weakley,    .' 
T\^eatherly. 
Whiteside, 
Williams  (Barbour), 
Wilson  (Washington), 
Winn— 90. 


280 


Journal  of  Alabama 


Mr.  Pettus  offered  the  following  amendment,  whicli 
was  read  at  length : 

Amend  section  of  the  minority  report  by  striking  out 
the  word  "State"  where  it  appears  respectively  before 
the  word  "Auditor"  and  "Treasurer"  in  the  first  line  of 
said  section;  and  inserting  the  words  "Superintendent 
of  Education"  after  the  word  "General"  in  the  second 
line  of  said  section. 

The  amendment  was  adopted. 

Mr.  Burns  offered  the  following  amendment,  which, 
was  read  at  length : 

Amend  by  inserting  after  "salary"  and  per  diem. 

The  amendment  of  Mr.  Burns  was  lost. 

Mr,  Vaughan  moved  to  adopt  the  minority  report  for 
Section  7,  as  amended,  and  the  motion  prevailed. 

Yeas,  88;  nays,  41. 

YEAS. 


Messrs.  Almon, 

Altman, 

Ashcraft, 

Barefield, 

Bartlett, 

Beavers, 

Blackwell, 

Browne, 

Bulger, 

Burns, 

Byars, 

Carmichael  (Colbert), 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 


Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fletcher, 

Foster, 

Freeman, 

Glover, 

Greer  (Calhoun), 

Greer  ( Perry) , , 

Handle^', 

Harrison, 

Heflin  (Chambers),. 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale),, 


Constitutional  Convention. 


281 


Jones  (Wilcox), 

Knight, 

Ledbetter, 

Leigh, 

Locklin, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Lawrence), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Murphree, 

Opp, 

O'Rear, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 


Pillans, 

Porter, 

Proctor, 

Keesc. 

Rogers  (Sumter), 

Searcy, 

Sentell, 

Sloan, 

Smith,  Mac.  A., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Thompson, 

Vaughan, 

Walker, 

Weakley, 

Weatherly, 

Whiteside, 

Williams  (Barbour), 

Wilson  (Washington) 

Winn— 88. 


NAYS 


Messrs.  President, 

Banks, 

Beddow, 

Bethune, 

Boone, 

Brooks, 

Burnett, 

Carmichael  (Coifee), 

Craig, 

Dent, 

deGraffenried, 

Fitts, 

Gilmore, 

Graham  ( Montgomery ) 

Graham  (Talladega), 

Heflin  (Randolph),* 


Howell, 

Howze, 

Inge, 

Jones  ( Montgomery ) ,. 

Lomax, 

Macdonald, 

INIerrill, 

Morrisette, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale),. 

Palmer, 

Pitts, 

Rogers  ( Lowndes)  ^ 

Sanders, 


■282  Journal  of  Alabama  t 

Sanford,  Wiiddell, 

Selheimer,  Watts, 

Smith  (Mobile),  Wliite, 

^mith,  Morgan  M.,  Wilson  (Clarke) — 41. 

Tayloe, 

And  Section  7,  as  amended,  was  adopted. 

SECTION  EIGHT. 

Sec.  8.    The  Governor  shall  take  care  that  the  laws  be 
faithfully  executed. 

Was  read  at  length  and  adopted. 

ADJOURNMENT. 

On  motion  of  Mr.  Jones,  of  Montgomery,  the  Conven- 
tion adjourned  until  10  o'clock  to-morrow  morning. 


TW  ENTY-FIKST  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Saturda}^,  June  15,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Gay  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
•delegates  answered  to  their  names,  which  constitute  a 
quorum : 

Messrs.  President,  Beavers, 

Almon,  Beddow, 

Altman,  Bethune, 

Banks,  Blackwell, 

Barefield,  Boone,  % 

Bartlett,  Brooks, 


Constitutional  Convention. 


283 


Browne, 

Burns, 

Byars, 

Carnathon, 

Case, 

Chapman, 

Cobb^ 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Greer  (Calhoun), 

Greer  (Perry), 

Handley, 

Harrison, 

Hefiin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howze, 


Inge, 

Jackson,    • 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Knight, 

Ledbetter, 

Leigh, 

Lockiin, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

Martin, 

Maxwell, 

Merrill, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Ren  fro, 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 


284  Journal  of  Alabama 

Sanford,  Tayloe,  ' 

Searcy,  Vaughan, 

Selheimer,  Waddell, 

Sentell,  Walker, 

Sloan,  Watts, 

Smith  (Mobile),  Weatherly, 

Smith,  Mac.  A.,  White,  -' 

Smith,  Morgan  M.,  Whiteside, 

Sorrell,  Williams  (Barbour)^ 

Spears,  Wilson  (Clarke), 

Spragins,  Wilson  (Clarke), 

Stewart,  Ulun — 121. 

Stiiddard, 

LEAVES   OF   ABSENCE. 

Was  granted  to  Messrs.  Miller,  of  ]\rarengo,  for  to-day 
and  ^londay;  Parker,  of  Elmore,  for  ^Monday;  O'Rear, 
nntil  ]\Ionday;  Kirk  for  ^^esterday  and  to-day;  Malone 
for  to-day;  Carmichael,  of  Colbert,  for  to-day;  Lowe,  of 
Lawrence,  for  to-day;  Thompson  for  to-day;  Jones,  of 
Wilcox,  for  to-day;  Ashcraft  for  to-day;  Howell  for  to- 
day; Miller,  of  Wilcox,  for  to-day;  Burnett  for  to-day; 
Reese  for  to-day;  Foshee  for  to-day;  Kirkland  for  to- 
day. 

REPOUT  OF  THE  COMMITTEE  ON   THE   .JOURNAL. 

The  chairnmn  of  the  Committee  on  Journal  submitted 
the  following  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  twentieth 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Vhairmun. 

QUESTION   OF    PRIVILEGE. 

]Mr.  Long,  of  Walker,  arose  to  a  question  of  personal 
privilege  and  proceeded  to  state  liis  question  of  privi- 
lege. 


Constitutional  Convention.  285 

Mr.  Pettus  raised  the  point  of  order  that  the  remarks 
of  Mr,  Long,  of  Walker,  did  not  cover  a  question  of 
privilege. 

The  point  of  order  was  sustained. 

Mr.  Long,  of  Walker,  appealed  from  the  decision  of 
the  Chair. 

The  Chair  was  sustained. 

PRIVILEGES  OF  THE  FLOOR. 

On  motion  of  Mr.  Hinson  the  privileges  of  the  floor 
were  extended  to  Hon.  R.  H.  Clarke,  of  ^lobile. 

UNFINISHED  BUSINESS. 

Mr.  Pettus  moved  that  the  rules  be  suspended  and  that 
the  Convention  proceed  to  the  consideration  of  the  un- 
finished business,  which  was  the  report  of  the  Committee 
on  Executive  Department. 

The  motion  was  lost. 

ORDINANCES    ON    FIRST    READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Ordinance  372,  by  Mr.  Rogers,  of  Sumter : 

Relates  to  the  duty  and  the  powers  of  the  Joint  Con- 
vention and  the  Speaker  of  the  House  in  canvassing  the 
returns  of  the  State  elections. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  373,  by  Mr.  Cofer : 

To  be  entitled  an  ordinance  to  define  in  part  the  duties 
of  Lieutenant  Governor  of  the  State,  as  provided  for  by 
this  Convention. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  374,  by  Mr.  Craig: 

To  amend  Section  1  of  Article  VIII  of  the  Constitu- 
tion of  Alabama. 


286  Journal  of  Alabama 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  375,  by  Mr.  Greer,  of  Perry : 

To  provide  for  the  filling  of  vacancies  in  certain  offices 
in  the  several  counties  of  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  376,  by  Mr.  Hinson : 

An  ordinance  to  establish  an  inferior  court  in  cities  of 
five  thousand  inhabitants  or  more,  and  to  abolish  the 
office  of  Justice  of  the  Peace  in  such  cities. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

RESOLUTIONS   ON   FIRST   READING. 

The  following  resolutions  were  offered,  severally, 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

IJesolution  1464,  by  Mr.  deOrafteuried : 

Kesolved,  That  after  next  Monday  this  Convention 
shall  meet  regularly  each  day  at  10  o'clock  in  the  morn- 
ing, and  shall  remain  in  session  from  that  time  until  1 
o'clock  p.  m.,  when  a  recess  shall  be  taken  to  3  p.  m.,  and 
the  Convention  shall  remain  in  session  until  5  p.  m., 
when  the  Convention  shall  stand  adjourned  until  10 
ox-lock  a.  m.  of  the  succeeding  day. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  117,  by  Mr.  Long,  of  AValker: 

Whereas,  There  appears  in  The  ^Montgomery  Adver- 
tiser of  this  State  an  editorial  reflecting  upon  the 
honesty  of  purpose  of  a  majority  of  this  Convention; 

Therefore,  be  it  resolved.  That  this  Convention  hereby 
condemns  said  editorial  as  unjust  and  unwarranted, 
coming,  as  it  does,  from  a  Democratic  newspaper  that 
prints  subsidized  seventy  dollars  per  day  resolutions  of 
the  proceedings  of  this  Convention. 

Mr.  Long,  of  Walker,  moved  that  the  rules  be  sus- 
pended, and  the  motion  prevailed. 


Constitutional  Convention.  287 

Mr.  Watts  moved  to  table  the  resolutioii;  the  motion 
prevailed,  and  the  resolution  was  tabled. 

Eesolution  148,  by  Mr.  Harrison : 

Resolved,  That  when  this  Convention  adjourns  to-day 
it  adjourn  to  meet  at  12  o'clock  m.  on  Monday. 

The  rules  were  suspended,  and  the  resolution  was 
adoi^ted. 

Eesolution  149,  by  Mr.  Eyster: 

Ivesolved,  That  the  courtesies  and  privileges  of  the 
floor  of  the  Convention  be  extended  to  Hon.  William  D. 
Jelks,  Governor  of  Alabama;  Charles  E.  Waller  and 
E.  M.  Eobinson. 

The  rules  were  suspended  and  the  resolution  was 
adopted. 

Eesolution  150,  by  Mr.  Browne: 

Ivesolved,  That  the  repoi't  of  the  Committee  on  Tax- 
ation be  set  for  the  special  order  of  this  Convention,  to 
be  taken  up  and  considered  b}^  sections,  immediately 
after  the  conclusion  of  the  existing  special  orders. 

The  resolution  was  referred  to  the  Committee  on 
Eules. 

Mr.  Browne  moved  that  the  rules  be  suspended  and 
the  resolution  be  adopted,  the  motion  was  lost,  and  the 
resolution  was  referred  to  the  Committee  on  Eules. 

Eesolution  151,  by  Mr.  O'Neal,  of  Lauderdale: 

Eesolved,  By  the  people  of  Alabama,  in  Convention 
Assembled,  That  it  is  the  sense  of  this  Convention  that 
the  General  Assembly  should,  at  its  first  meeting  after 
the  ratification  of  this  Constitution,  fix  the  salary  of  the 
Governor  of  Alabama  at  five  thousand  dollars  per  an- 
num; provided,  the  same  can  be  done  without  an  in- 
crease of  taxation  in  this  State. 

The  resolution  was  referred  to  the  Committee  on 
Executive  Department. 

Eesolution  152,  by  Mr.  Jones,  of  Montgomery : 

Eesolved,  That  hereafter  there  shall  be  no  call  for  in- 
troduction of  resolutions  or  ordinances;  but  any  mem- 
ber desiring  to  introduce  a  resolution  or  ordinance  shall 
send  it  to  the  clerk's  desk  at  any  time,  and  the  President, 
at  such  time  during  the  day  as  he  may  deem  proper, 
shall  have  such  ordinance  or  resolution  read  and  re- 
ferred to  the  appropriate  committee. 


288  Journal  of  Alabama 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

RECOMMITTAL   OF   ORDINANCE. 

Mr.  Smith,  of  Mobile,  chairman  of  the  Committee  on 
Judiciary,  returned  to  the  Convention  ordinance  240 : 

"To  dispense  with  the- necessity  of  indictment  in  cer- 
tain felou}^  cases.'' 

And  requested  that  the  same  be  referred  to  the  Com- 
mittee on  Preamble  and  Declaration  of  Rights.  The 
ordinance  was  referred  to  the  Committee  on  Preamble 
and  Declaration  of  Rights. 

Mr.  Foster,  chairman  of  the  Committee  on  Amending 
the  Constitution  and  Miscellaneous  Provisions,  returned 
to  the  Convention  ordinance  304  : 

"To  regulate  primary  elections  in  the  State  of  Ala- 
bama," 

And  requested  that  the  same  be  referred  to  the  Com- 
mittee on  Suffrage  and  Elections. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

UNFINISHED  BUSINESS. 

The  Convention  then  proceeded  to  the  consideration 
of  the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Executive  Department,  which  was  an 
ordinance  "To  create  and  define  the  Executive  Depart- 
ment." 

The  question  being  upon  the  adoption  of  Section  9, 
which  was  read  at  length : 

Sec.  9.  The  Governor  may  require  information  in 
writing,  under  oath,  from  the  officers  of  the  Executive 
Department  named  in  this  article,  or  created  by  statute, 
on  any  subject  relating  to  the  duties  of  their  respective 
offices;  and  he  may  at  any  time  require  information  in 
writing,  under  oath,  from  all  officers  and  managers  of 
State  institutions,  upon  any  subject  relating  to  the  con- 
dition, management,  and  expenses  of  their  respective 
offices  and  institutions.     Anv  such  officer  or  manaaer 


Constitutional  Convention.  289 

who  makes  a  wilfully  false  rej)ort,  or  fails  without  suffi- 
-cient  excuse  to  make  such  report  when  demanded,  is 
guilty  of  an  impeachable  offense. 

Mr.  Walker  offered  the  following  amendment,  which 
was  read  one  time  at  length  : 

Amend  by  striking  out  the  words  "such  report  when 
4emanded,''  on  line  seven,  and  insert  in  their  stead  the 
words  "the  required  report  on  demand." 

Mr.  Hinson  moved  to  table  the  amendment  offered 
by  Mr.  Walker;  the  motion  of  Mr.  Hinson  was  lost,  and 
the  amendment  of  Mr.  AValker  was  adopted. 

Section  9,  as  amended,  was  thereupon  adopted. 

section  ten. 


Sec.  10.  The  Governor  ma}^,  by  proclamation,  on  ex- 
traordinary occasions,  convene  the  General  Assembly 
at  the  seat  of  government  or  at  a  different  place,  if  since 
their  last  adjournment,  that  shall  have  become  danger- 
ous from  an  enemy,  insurrection,  or  other  lawless  out- 
break, or  from  any  infectious  or  contagious  diseases,  he 
shall  state  specifically  in  such  proclamation  each  matter 
concerning  which  the  action  of  that  body  is  deemed 
necessary. 

Was  read  at  length. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 10,  which  was  read  at  length : 

Amend  Section  10  by  adding  at  the  end  of  the  fifth 
line  the  words  "and  the  General  Assembly  shall  at  that 
time  consider  no  other  subject.'" 

The  amendment  was  lost. 

Mr.  Maxwell  offered  the  following  amendment  to  Sec- 
tion 10,  which  was  read  at  length: 

Amend  Section  10  of  Article  V  by  inserting  in  line 
four  the  word  "and"  after  the  word  "diseases." 

The  amendment  of  ]Mr.  ^Maxwell  was  adopted. 

Mr,  Fitts  moved  that  Section  10,  as  amended,  be 
adopted  as  a  whole,  and  the  motion  of  Mr.  Fitts  pre- 
Tailed. 

19 


290  Journal  of  Alabama 

section  eleven. 

Sec.  11.  The  Governor  shall,  from  time  to  time,  <»ive 
to  the  General  Assembh^  information  of  the  state  of  the 
government,  and  recommend  to  their  consideration  such 
measures  as  he  may  deem  expedient;  and  at  the  com- 
mencement of  each  regular  session  of  the  General  As- 
sembly, and  at  the  close  of  his  term  of  office,  give  infor- 
mation by  written  message  of  the  condition  of  the  State ;. 
and  he  shall  account  to  the  General  Assembly,  as  may  be 
prescribed  by  law,  for  all  moneys  received  and  paid  out 
by  him,  or  by  his  order;  and,  at  the  commencement  of 
each  regular  session,  he  shall  present  to  the  General  As- 
sembly estimates  of  the  amount  of  mone}^  required  to 
be  raised  by  taxation  for  all  purposes. 

AVas  read  at  length  and  adopted, 

SECTION   TWELVE. 

Sec.  12.  The  Governor  shall  have  power  to  remit  fines- 
and  forfeitures,  under  such  rules  and  regulations  as 
may  be  prescribed  by  law ;  and,  after  conviction,  to 
grant  reprieves,  paroles,  commutations  of  sentence  and 
pardons.  The  Attorney  General,  Secretary  of  State  and 
State  Auditor  shall  constitute  a  Board  of  Pardons,  who 
shall  meet  on  the  call  of  the  Governor,  and  before  whom 
shall  be  laid  all  recommendations  or  petitions  for  par- 
don or  commutations  or  ])aroles,  in  cases  of  fehuiy;  and 
the  Board  shall  hear  them  in  open  session,  and  give  their 
opinion  in  writing  to  the  Governor  thereon,  after  which 
or  on  the  Board's  failure  to  advise  for  more  than  sixty 
days,  the  Governor  may  grant  or  refuse  the  commuta- 
tion, parole  or  pardon,  as  to  him  seems  best  for  the  pub- 
lic interest.  He  shall  communicate  to  the  General  As- 
sembly at  each  session,  each  case  of  reprieve,  commuta- 
tion, parole  or  |)ardon,  with  his  reasons  therefor,  and 
the  opinion  of  the  Board  of  Pardons  in  each  case  re- 
quired to  be  referred;  stating  the  name,  the  crime  of  the 
convict,  the  sentence,  its  date,  and  the  date  of  reprieve, 
commutation.  i)arole  or  pardon.  Pardons  in  cases  of 
felony  and  other  offenses  involving  the  crimen  falsi  shall 


Constitutional  Convention.  291 

not  relieve  from  eivil  aud  political  disabilities,  unless 
speciliealh'  expressed  in  the  pardon. 

^A'as  read  at  length. 

Mr.  Walker  offered  the  following  amendment  to  Sec- 
tion 12,  which  was  read  at  length : 

Amend  b}'  striking  out  the  words  ''crimen  falsi"  in  line 
14,  and  insert  in  their  stead  the  words  "involving  moral 
turpitude." 

The  amendment  was  accepted  by  the  chairman  of  the 
Committee  on  Executive  Department,  and  was  there- 
upon adoijted. 

Mr.  Pettus  offered  the  following  amendment  to  Sec- 
tion 12,  which  was  read  at  length : 

Amend  by  striking  out  the  words  ''Attorney  General" 
in  the  third  line  of  said  section,  and  inserting  in  lieu 
thereof  the  words  "Treasurer." 

Mr.  Sanford  moved  to  table  the  amendment  offered, 
by  ]Mr.  Pettus,  and  the  motion  to  table  prevailed. 

Mr.  Jones,  of  Montgomery,  offered  the  following 
amendment,  which  was  read  at  length : 

Amend  Section  12,  line  six,  by  adding  after  the  word 
''felony"  in  line  six,  the  Avords  ''except  in  cases  of  im- 
peachment." 

And  the  amendment  was  adopted. 

Mr.  Smith,  of  Mobile,  offered  the  following  amend- 
ment, which  was  read  at  length : 

To  amend  Section  12  b}'  inserting  in  the  ninth  line 
after  the  word  "interest"  the  following :  "Provided,  the 
Governor  shall  have  power  to  suspend  the  execution  of 
anv  sentence  until  the  Board  of  Pardons  shall  have 
acted." 

Mr.  Boone  moved  to  table  the  amendment  offered  by 
Mr.  Smith,  of  Mobile,  and  the  motion  to  table  prevailed. 

Mr.  Coleman,  of  Greene,  offered  the  following  amend- 
ment, which  was  read  at  length : 

Amend  Section  12  bv  adding  the  words  at  the  end  of 
section  "and  approved  by  the  Board  of  Pardon," 

And  the  amendment  was  adopted. 

Mr.  Lomax  offered  the  following  amenduient,  which 
w  as  read  at  length  : 


292  Journal  of  Alabama 

Aiiiend  by  inserting  in  line  ten,  before  the  word  "re- 
prieve/' tlie  words  "the  remission  of  fines  and  forfeit- 
ures,'' 

And  the  amendment  was  adopted. 

Mr.  Fitts  moved  that  Section  12,  as  amended,  be 
adopted. 

The  motion  of  Mr.  Fitts  prevailed,  and  Section  12,  as 
amended,  was  thereupon  adopted  as  a  whole. 

SECTION   THIRTEEN. 

Sec.  13.  Every  bill  which  shall  have  passed  both 
Houses  of  the  General  Assembly  shall  be  presented  to 
the  Governor ;  if  he  approves,  he  shall  sign  it ;  but  if  not, 
he  shall  return  it  with  his  objections  to  that  House  in 
which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  ui)on  the  Journal,  and  proceed  to  re- 
consider it.  If  the  Governor's  message  proposes  amend- 
ment which  would  remove  his  objections,  the  House  to 
which  it  is  sent  may  so  amend  the  bill,  and  send  it  with 
the  Governor's  message  to  the  other  House,  which  may 
adopt,  but  cannot  amend  said  amendment;  and  both 
Houses  concurring  in  the  amendment,  the  bill  shall 
again  be  sent  to  the  Governor  and  acted  on  by  him  as 
on  other  bills.  If  the  House  to  which  the  bill  is  returned 
refuses  to  make  such  amendment,  it  shall  proceed  to  re- 
consider; and  if  a  majority  of  the  whole  number  elected 
to  that  House,  shall  vote  for  the  passage  of  the  bill,  it 
shall  be  sent,  with  the  objections,  to  the  other  House, 
hj  which  it  shall  likewise  be  reconsidered,  and  if  ap- 
proved by  a  majority  of  the  whole  number  of  that  House, 
it  shall  become  a  law.  If  the  House  to  which  the  bill  is 
returned  makes  the  amendment  and  the  other  House 
decliues  to  pass  the  same,  that  House  shall  proceed  to 
reconsider,  as  though  the  bill  had  originated  therein, 
and  such  proceedings  shall  be  taken  thereon  as  above 
provided.  In  every  case  the  vote  of  both  Houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the 
members  voting  for  or  against  the  bill,  shall  be  entered 
upon  the  Journals  of  each  House  respectively.  If  any 
bill  shall  not  be  returned  by  the  Governor,  Sundays  ex- 


Constitutional  Convention.  293 

cepted,  within  six  daj^s  after  it  shall  have  been  presented^ 
the  same  shall  become  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  General  Assembly,  by  their  adjourn- 
ment or  recess,  prevent  its  return,  in  which  case  it  shall 
not  be  a  law;  but  bills  presented  to  the  Governor  with- 
in five  days  before  the  adjournment  of  the  General  As- 
sembl}^  may  be  approved  by  the  Governor  at  any  time 
within  ten  days,  after  the  final  adjournment,  if  approved 
and  deposited  with  the  Secretary  of  State  within  that 
time.  Every  vote,  order  or  resolution  to  which  concur- 
rence of  both  Houses  may  be  necessary,  except  questions 
of  adjournment,  and  the  bringing  on  of  elections  by  the 
two  Houses,  and  amending  this  Constitution,  shall  l3e 
presented  to  the  Governor;  and,  before  the  same  shall 
take  effect,  be  approved  by  him;  or,  being  disapproved^ 
shall  be  repassed  by  both  Houses  according  to  the  rules 
and  limitations  prescribed  in  the  case  of  a  bill. 

Mr.  Jones,  chairman  of  the  Committee  on  Executive 
Department,  submitted  the  following  amendment  for  the 
committee,  which  was  read  at  length : 

Amend  Section  13  b}^  striking  out  the  words  "or  re- 
cess'' and  by  adding  after  the  words  "in  which  cases  it 
shall  not  be  a  law,"  the  following  words,  "but  when  re- 
turn is  prevented  by  a  recess,  such  bill  must  be  returned 
to  the  House  in  which  it  originated,  within  two  days- 
after  reassembling,  otherwise  it  shall  become  a  law." 

And  the  amendment  was  adopted. 

Mr.  Heflin,  of  Chambers,  offered  the  following  amend- 
ment, which  was  read  at  length : 

Amend  Section  13  by  striking  out  the  words  (begin- 
ning in  line  21)  "but  bills  presented  to  the  Governor 
within  five  days  before  the  adjournment  of  the  General 
Assembly  may  be  approved  by  the  Governor  at  any  time 
within  ten  days  after  the  final  adjournment,  if  approved 
and  deposited  with  tlie  Secretary  of  State  within  that 
time." 

Mr.  Fitts  moved  to  table  the  amendment  offered  by 
Mr.  Heflin,  of  Chambers,  and  the  motion  to  table  pre- 
vailed. 

Mr.  deGraffenried  offered  the  following  amendment^ 
which  was  read  at  length : 


294  Journal  of  Alabama 

Amend  Section  13  h\  adding  after  the  words  "to  re- 
consider it/'  in  tlie  forth  line,  tlie  following  :  "If  the  Gov- 
ernor's messiige  proposes  no  amendment  which  would 
remove  his  ohjection  to  the  bill,  the  House  in  which  the 
bill  originated  may  proceed  to  reconsider,  and  if  a  ma- 
jority of  the  whole  number  elected  to  that  House  vote 
for  the  passage  of  the  bill,  the  bill  shall  be  sent  to  the 
other  House,  which  shall,  in  like  manner,  reconsider, 
and  if  a  majority  of  the  whole  number  elected  to  that 
House  vote  for  the  passage  of  the  bill,  the  same  shall 
become  a  law,  notwithstanding  the  Governor's  veto." 

Mr.  Lo^^'e,  of  Jefferson,  moved  to  recommit  Section 
13  and  amendments  thereto,  to  the  Committee  on  Exe- 
cutive Department,  with  the  request  that  certain  parts 
of  said  section  be  eliminated. 

AD.JOURNMENT. 

Pending  the  further  consideration  of  the  motion  of 
Mr.  Lowe,  the  Convention  adjourned  to  meet  at  12 
o'clock  on  Mondav. 


TWENTY-SECOND  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Monday,  June  17,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  hj  Rev.  ^Iv.  Murphree  of  the  city. 

roll  call. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  consti- 
tuted a  quorum : 


CONSXITUTIONAL  CONVENTION. 


295 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Craig, 

ravis  (DeKalb), 

Dent, 

deGraffenreid, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foster, 

Foshee, 

Freeman, 

Gil  more, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega). 

Grant, 


Grayson, 

Haudley, 

Harrison, 

Heflin  (Chambers), 

Iletliii  (Kandolph),' 

Hinson, 

HoAvell, 

Howze, 

Inge, 

Jenkins, 

Jones  (Bibb), 

Jones  ( Hale ) , 

Jones  (Montgomery), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  ( Baldwin ) , 

Mai  one, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

INI  orri  sett  e, 

IMulkey, 

]\furphree, 

^'pSmith, 

Norman, 

Norwood, 

Gates, 

G'Neal  (Lauderdale), 

O'Rear, 

Palmer, 


296 


Journal  of  Alabama. 


Parker  (Cullman), 

Pettus, 

Phillips,. 

Pillans, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 


Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaughan, 

Walker, 

Watts, 

Weakley, 

Weatherlv, 

Willett, 

Williams  ( Barbour )  ^ 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  ( Washington ) 

Winn— 121. 


LEAVES   OF    ABSENCE. 

Was  granted  to  Messrs.  Searcy  for  to-day;  Fitts  for 
to-day,  to-morrow  and  Wednesday;  M.  M.  Smith  for  to- 
day; Hodges  for  to-day;  Sollie  for  to-day  and  to-mor- 
roAv;  Frank  N.  Julian  for  to-day  and  to-morrow;  Jack- 
son for  to-day  and  to-morrow;  Boone  for  to-day;  Greer 
Calhoun  for  to-day ;  Whiteside  for  to-day ;  Eyster  for  to- 
day, Tuesday  and  Wednesday;  Henderson  for  to-day; 
Greer  of  Perry  for  to-day ;  White  for  to-day ;  Waddell  for 
to-day;  Davis  of  Etowah  for  to-day;  Hood  for  to-day; 
Coleman,  of  Walker,  for  Saturday  and  to-day;  Cardon 
for  to-day;  Moody  for  to-day. 

REPORT  OF  THE  COMMITTEE  ON   THE   JOURNAL, 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted  the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  twenty-first 
day  of  the  Convention  and  that  the  same  is  correct. 

Respectfully  submitted. 

John  F.  PHoctor,  Chairman^. 


Constitutional  Convention.  29T 

Mr.  Beddow  asked  unanimous  consent  to  be  allowed  to 
introduce  a  resolution,  which  reads  as  follows: 

Resolution  153,  by  Mr.  Beddow: 

Whereas,  This  Convention  has  now  been  in  session, 
twenty-one  working  days,  and 

Whereas,  Not  a  single  article  of  the  proposed  new  Con- 
stitution has  yet  been  adopted;  and 

Whereas,  At  the  present  rate  of  progress  it  will  take 
some  months  to  revise  the  Constitution,  and 

Whereas,  This  body  will  thereby  subject  itself  to  the 
unjust  criticism  that  members  are  causing  delay  at  the 
expense  of  the  taxpayers  of  this  State; 

Therefore,  Be  it  Resolved,  That  it  is  the  sense  of  this 
Convention,  that  notwithstanding  the  length  of  time 
consumed  by  this  Convention  in  so  revising  the  said 
Constitution^  that  no  per  diem  be  allowed  any  member 
in  excess  of  fifty  days. 

Mr.  Beddow  moved  the  suspension  of  the  rules  in  order 
that  the  resolution  might  be  placed  upon  its  immediate 
passage.  The  motion  was  lost,  and  the  resolution  was 
referred  to  the  Committee  on  Rules. 


QUESTION   op   personal   PRIVILEGE. 

Mr.  Long,  of  Walker,  arose  to  a  question  of  personal 
privilege  growing  out  of  a  recent  editorial  in  The  Mont- 
gomery Advertiser. 

^Ir.  Long,  of  Walker,  ottered  the  following  resolution, 
which  was  read  at  length : 

Resolution  154,  by  Mr.  Long,  of  Walker: 

Whereas,  There  appears  in  The  Montgomery  Adver- 
tiser of  the  loth  inst.  an  editorial  under  the  caption  of 
"A  Discouraging  Vote,"  reflecting  seriously  upon  the 
honesty  of  a  two-thirds  majority  of  this  Convention ; 

Therefore,  Be  it  resolved.  That  the  said  editorial  is 
hereby  condemned  as  unwise  and  unwarranted. 

Mr.  Long,  of  Walker,  moved  the  suspension  of  the 
rules  in  order  that  the  resolution  might  be  placed  upon 
its  immediate  passage.  The  motion  was  lost  and  the 
resolution  was  referred  to  the  Committee  on  Rules. 


298  Journal  of  Alabama 

ordinances  on  first  reading. 

The  following  ordinances  were  introduced  by  unani- 
mous consent,  Kseverally  read  one  time  at  length,  and  re- 
ferred to  app^'opriate  committees,  as  follows : 

Ordinance  377,  b}'^  Mr.  O'Neal,  of  Lauderdale: 

To  amend  Section  21  of  Article  IV  of  the  Constitu- 
tion of  Alabama : 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  378,  by  Mr.  Oates: 

Prescribing  the  number  of  Grand  Jurors,  and  for  the 
suppression  of  crime. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  379,  by  Mr.  deGraffenried : 

To  amend  Section  7  of  Article  I  of  the  Constitution 
of  the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights. 

Ordinance  380,  by  Mr.  Kyle: 

To  amend  Section  14  of  the  Constitution  on  Banks 
and  Banking. 

The  ordinance  was  referred  to  the  Committee  on 
Banks  and  Banking. 

SUSPENSION  OF  THE  RULES. 

Mr.  Morrisette  moved  the  suspension  of  the  Rules, 
which  motion  prevailed,  and  then  moved  that  the  privi- 
leges of  the  floor  be  extended  to  the  ministers  of  the 
city  who  so  kindly  opened  the  exercises  of  the  Conven- 
tion with  prayer. 

Mr.  Pettus  moved  to  amend  the  motion  of  Mr.  IMor- 
TJsette  by  adding  the  name  of  Judge  J.  J.  Arnold,  a  dis- 
tinguished member  of  the  Legislature. 

The  amendment  was  accepted,  and  the  motion,  as 
-•amend'ed,  was  adopted. 


Constitutional  Convention.  299 

Mr.  Blackwell  introduced,  by  imaniraous  consent,  the 
following  petition,  which  Avas  read  at  length  and  re- 
ferred to  the  Committee  on  Taxation : 

Petition  No.  1 : 

State  of  Alakama, 

Morgan  County. 

Court  of  County  Commissioners, 

Decatur,  Ala.,  June  15,  1901. 

To  the  Hoi\()r(iJ)lc    Constitutional    Convention,    Mont- 
(joniery,  Ala. : 

The  undersigned  Commissioners'  Court  of  Morgan 
County,  Alabama,  respectfulh'  ask  and  request  your 
honorable  body  not  to  reduce  the  present  rate  of  one- 
half  of  1  ijer  cent,  allowed  for  special  taxes,  and  we  re- 
spectfully ask  that  the  Commissioners'  Court  be  allowed 
this  special  tax  for  the  building  and  repairing  the  court 
houses,  jails  and  public  bridges  and  public  roads  of  the 
several  counties  in  this  State. 

The  people  of  our  county  are  not  asking  any  reduction 
in  this  special  rate  of  taxation,  but  on  the  contrary,  are 
clamoring  for  the  privilege  of  paying  a  special  tax  for 
the  improvement  of  our  public  roads. 

Our  county  is  traversed  by  many  streams  which  re- 
quire bridges  to  accommodate  the  traveling  public.  One- 
fourth  of  one  per  cent,  will  not  permit  us  to  keep  these 
bridges  and  our  court  house  and  jail  in  proper  repair. 

We  therefore  ask  and  urge  that  you  allow  the  present 
rate  of  one-half  of  one  per  cent,  of  taxation  for  these 
special  purposes  to  remain  as  it  is,  with  the  words  "pub- 
lic roads''  added  thereto. 


Very  respectfully, 


Wm.  E.   Skeggs, 
A.  F.  Murray, 

S.    P.    LOVELADY. 

M.  W.  Ratliff. 
S.  Iv.  Garrison. 


300  Journal  of  Alabama 

report  of  committee  on  rules. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Kiiles,  submitted  the  following  report  of  the 
Committee  on  Rules : 

Resolution  150,  with  a  favorable  report : 
Resolved,  That  the  report  of  the  Committee  on  Tax- 
ation be  set  for  the  continuing  special  order  of  the  Con- 
vention to  be  taken  up  and  considered  by  sections  im- 
mediately after  the  conclusion  of  the  existing  special 
orders. 

Resolution  155,  with  favorable  report: 

Resolved,  That  rule  eleven  be  amended  so  as  to  read 
as  follows: 

When  any  delegate  is  about  to  speak  or  deliver  any 
matter  to  the  Convention,  he  shall  rise  from  his  seat  and 
respectfully  address  himself  to  the  President;  provided, 
that  while  the  report  of  any  committee  is  under  con- 
sideration, the  members  of  the  committee  may  exchange 
seats  with  other  members  of  the  Convention. 

Each  of  the  foregoing  resolutions  was  read  at  length. 

Ml-.  Smith  moved  that  the  rules  be  susj)ended  and  the 
resohitions  be  adopted,  and  the  motion  prevailed,  and 
the  resolutions  were  adopted. 

Mr.  Smith,  of  Mobile,  acting  chairman,  on  behalf  of 
the  Committee  on  Rules,  submitted  the  following  sub- 
stitute for  resolution  146,  which  was  read  at  length : 

The  substitute  reads  as  follows : 

Resolved,  That  after  the  passage  of  this  resolution 
this  Convention  shall  meet  regularly  each  day  at  10 
o'clock  in  the  morning,  and  shall  remain  in  session  from 
that  time  to  1  o'clock  p.  m.,  when  a  recess  shall  be  taken 
io  3  p.  m.,  and  the  Convention  shall  remain  in  session 
rintil  5  p.  m.  ,when  the  Convention  shall  stand  adjourned 
until  10  o'clock  a.  m.  of  the  succeeding  day. 

Mr.  Smith  of  ]Mobile  moved  that  the  resolution  and 
substitute  be  laid  upon  the  table  iintil  next  Thursday, 
and  from  day  to  day  thereafter,  until  called  up  for  action 
by  the  Convention,  and  the  motion  prevailed. 


Constitutional  Convention.  301 

Mr.  Dent  asked  unanimous  consent  to  introduce  a 
res  hiLioii.  Consent  Avas  given,  and  the  resolution  was 
read  at  length : 

Resolution  156,  b}'  Mr.  Dent : 
.   That  when  this  Convention  adjourn  it  adjourn  to  meet 
again  at  3  o'clock  p.  m.  to-day. 

Mr.  Dent  moved  that  the  rules  be  suspended  and  the 
resolution  be  placed  upon  its  immediate  passage.  The 
motion  was  lost,  and  the  resolution  was  referred  to  the 
Committee  on  Rules. 

Mr.  O'Xeil,  of  Lauderdale,  asked  unanimous  consent 
to  introduce  the  resolution,  which  was  read  at  length. 

Resolution  157,  by  Mr.  O'Neal,  of  Lauderdale: 

Resolved,  That  on  account  of  the  limited  capacity  of 
the  Convention  hall,  hereafter  the  privileges  of  the  floor 
shall  not  be  extended  to  any  person  except  by  unanimous 
vote  of  the  Convention. 

Mr.  Samford  mOved  that  the  rules  be  suspended  and 
the  resolution  be  adopted,  and  the  motion  of  Mr.  Sam- 
ford  prevailed,  and  the  resolution  was  adopted. 

Mr.  Graham,  of  Talladega,  was  given  unanimous  con- 
sent to  introduce  the  resolution  158,  which  was  read  at 
length. 

Resolution  158,  by  Mr.  Graham,  of  Talladega : 

Resolved,  That  the  thanks  of  this  Convention  are 
hereby  tendered  to  the  Western  Railway  of  Alabama  for 
courtesies  recently  extended  on  the  occasion  of  the  fun- 
eral of  Gov.  W.  J.  Samford,  to  members  of  this  Conven- 
tion through  Gen.  George  P.  Harrison;  also  to  Superin- 
tendent J.  C.  Clarke  of  the  Mobile  »&  Ohio  Railroad  for 
courtesies  recently  extended  to  a  special  committee  of 
this  Convention. 

Mr.  Graham,  of  Talladega,  moved  that  the  rules  be 
suspended  and  the  resolution  be  placed  upon  its  imme- 
diate passage. 

The  motion  prevailed,  and  the  resolution  was  adopted. 

Mr.  Willett  moved  to  adjourn,  but  withdraw  the  mo- 
tion in  order  that  Mr.  Jones,  of  Montgomery,  might 
state  a  question  of 


302  JouKNAL  OF  Alabama 

PERSONAL  riilVILEGE. 

Mr.  Jones,  of  Mouti'omery,  denied  the  authorship  of 
a  recent  editorial  m  The  Montgonier}'  Advertiser,  in. 
which  there  were  expressions  complimentaiy  to  him.  He 
stated  further  that  he  had  not  seen  or  heard  of  the  edi- 
torial in  question  until  he  found  the  same  in  print  upon, 
his  desk  in  the  hall  of  the  Convention. 

Mr.  Willett  renewed  his  motion  to  adjourn,  but  the 
Convention  refused  to  adjourn,  and  proceeded  to  the 
consideration  of  the 

UNFINISHED  BUSINESS. 

Which  was  the  ordinance  "to  create  and  define  the 
Executive  Department." 

The  question  being  upon  the  motion  of  Mr.  Lowe,  of 
Jetferson,  to  recimmit,  with  certain  recommendations, 
to  the  Committee  on  Executive  Department  Section  13 
of  the  ameudments  thereto. 

Mr.  deCratfenried  was  given  unanimous  consent  to 
introduce  the  following  amendment,  which  was  read  at 
length : 

Strike  from  the  section  all  that  precedes  the  words 
"if  any  bilF'  in  the  eighteenth  line  thereof,  and  in  lieu 
thereof  insin-t  the  following  :  "Every  bill  which  shall  have 
passed  both  Houses  of  the  General  Assembly  shall  be 
presented  to  the  Governor;  if  he  approve,  he  shall  sign 
it;  but  it  not,  he  shall  return  it  to  that  House  in  which 
it  shall  have  originated,  who  shall  enter  the  objections 
at  large  upon  the  Journal ;  and  the  House  to  which  the 
bill  shall  be  returned  shall  proceed  to  reconsider  it;  if 
after  such  reconsideration,  a  majority  of  tlie  while  num- 
ber elected  to  that  House  shall  vote  for  the  passage  of 
such  bill,  it  shall  be  sent,  with  the  objections,  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered;  if 
approved  by  a  majority  of  the  wliole  number  elected  to 
that  House,  it  shall  l)ecome  a  law,  but  in  such  cases  the 
votes  of  both  Houses  shall  be  determined  by  yeas  and 
nays,  and  the  names  of  the  members  voting  for  or 
against  the  bill,  shall  be  entered  upon  the  Journals  of 
each  House  respectively. 


Constitutional  Convention. 


303 


adjournment. 

Pending  the  further  consideration  of  the  motion  of 
Mr.  Lowe,  of  Jefferson,  the  hour  of  1  o'clock  p.  m.  ar- 
rived, and  under  the  rules  the  Convention  stood  ad- 
journed until  10  o'clock  to-morrow  mornino'. 


TWENTY-THIIID  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  June  18,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  ottered  by  Kev.  Mr.  Murphree  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constitute  a 
quorum : 


Messrs.  President, 

Almon,  , 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Coll^ert),. 


Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  ( Greene ),^ 

Cornw^ell, 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 


304 


Journal  of  Alabama 


Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

King, 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

Mc:Millan  (Wilcox), 

IMartin, 


Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Porter, 

Proctor, 

TJeese, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

San  ford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  CNlobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M.. 

Sorrell, 


Constitutional  Convention.  305 

Spears,  Weatherly, 

Spragins,  White, 

Stewart,  Whiteside, 

Stiiddard,  Willett, 

Tayloe,  Williams  (Barbour), 

Thompson,  Williams  (Marengo), 

Vaughan,  Williams  (Elmore), 

Waddell,  Wilson  (Clarke), 

Walker,  Wilson  (Washington). 

Watts,  Winn— 145. 
W^eakley, 

LEAVE   OF   ABSENCE 

Was  granted  to  Messrs.  SoUie,  Malone  and  Renfroe 
for  to-day. 

REPORT  OF  the  COMMITTEE  ON  THE   .JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  twenty- 
second  day  of  the  Convention  and  that  the  same  is  cor- 
rect. 

Respectfully  submitted, 

John  F.  Proctor^  Chairman. 

QUESTION   OF   PERSONAL   PRIVILEGE. 

Mr.  Long,  of  Walker,  arose  to  a  question  of  personal 
privilege,  and  stated  that  an  editorial  published  in  The 
Montgomery  Advertiser  of  June  17th,  under  the  head 
of  'Remarkable  Foresight''  did  him  and  the  two-thirds 
of  the  members  of  the  Convention  a  gross  injustice. 

ORDINANCES    ON    FIRST    READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
•committees  as  follows: 

20 


306  Journal  of  Alabama  ' 

Ordinance  381,  by  Mr.  Williams,  of  Marengo : 
To  establish  a  whipping  post. 

The  ordinance  was  referred  to  the  Committee  Ott 
Legislative  Department. 

Ordinance  382,  by  3Ir.  Pettns: 

To  prevent  and  prohibit  intermarriage  of  negroes  and 
whites. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  383,  by  Mr.  Browne : 

To  amend  Section  5  of  Article  XIII  of  the  Constitu- 
tion,    (llelates  to  schools.) 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  384,  by  Mr.  Cofer : 

An  ordinance  to  amend  Section  25  of  Article  II  of  the 
Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  385,  by  Mr.  Davis,  of  Etowah  : 

To  amend  Section  7  of  Article  II  of  the  Constituton. 

The  ordinance  was  referred  to  the  Committee  on- 
Municipal  Corporations. 

Ordinance  38G,  b}-  Mr.  Lomax: 

Relating  to  the  government  of  the  University,  and  the 
payment  of  interest  of  the  University  fund. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

Ordinance  387,  by  Mr.  Murphree : 

Ordinance  authorizing  the  reducing  of  the  expense  of 
administering  small  estates. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  388,  by  ^Ir.  Greer,  of  Calhoun : 

An  ordinance  to  fixe  the  date  of  the  election  of  city 

officers  in  the- State  of  Alal)ama. 

The  ordinance    was    referred   to    the    Committee    on- 

^lunicipal  Corporations. 


Constitutional  Convention,  307 

resolutions  on  first  reading. 

The  followiug  resolutions  were  iutrodiiced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Resolution  159,  by  Mr.  Graham,  of  Talladega:.  " 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
the  present  appropriation  of  |550,000,  and  the  special 
one  mill  tax,  which  approximates  |250,000,  for  public 
schools,  shall  not  be  reduced  or  repealed  by  this  Con- 
vention, either  directly  or  indirectl}^ 

The  resolution  was  referred  to  the  Committee  on 
Education. 

Resolution  IGO,  by  Mr.  Browne : 

Rc^solved,  That  the  sympathy  of  this  ('onvention  be 
and  the  same  is  hereby  extended  to  its  worthy  Secretary, 
Frank  N.  Julian,  in  his  sorrow  and  bereavement  in  the 
death  of  his  brother,  AVilliam  Julian. 

Mr.  Reese  moved  that  the  rules  be  suspended  and 
the  resolution,  No.  160,  be  placed  upon  its  immediate 
passage.  The  rules  were  suspended,  and  the  resolution 
was   adopted. 

Resolution  101,  b}^  Mr.  Burns : 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
what  should  not  be  done  directly,  should  not  be  done 
indirectly ;  and  that  after  the  rules  have  been  suspended 
for  any  special  purpose,  amendments  should  not  be  in 
order. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  1G2,  by  Mr.  Burns: 

Resolved,  That  whenever  a  delegate  precedes  his  mo- 
tion "to  table"  with  a  speech,  or  at  the  close  of  a  speech 
calls  for  the  previous  question,  he  shall  be  declared  out 
of  order. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  163,  by  Mr.  Burns : 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
each  and  every  official  of  each  and  every  district,  muni- 
cipality, county,  circuit,  division,  from  township  trus^ 


308  Journal  of  Alabama 

tees  to  chancellors,  shall  be  elected  by  the  qualified  elect- 
ors thereof,  and  that  all  State  officials,  including  Rail- 
road Commissioners  and  Convict  Inspectors. 

The  resolution  was  referred  to  the  Committee  on 
Executive  Department. 

Resolution  1(U,  l>y  Mr.  Carmichael,  of  Coffee: 

Be  it  resolved,  That  in  the  future  petitions,  memor- 
ials, etc.,  containing  more  than  100  words,  be  referred 
without  reading  to  the  proper  committees,  and  printed 
in  the  stenographic  report. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  165,  by  Mr.  Sloan : 

Whereas,  on  account  of  the  limited  time  of  three  hours 
each  day  for  the  sitting  of  this  Convention,  and 

Whereas,  it  is  impossible  to  accomplish  any  material 
work  on  the  regular  order  in  a  session  of  one  hour. 

Therefore,  be  it  resolved.  That  when  this  Convention 
adjourns  on  Saturday  it  meet  on  Mondays  at  10  o'clock. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  166,  by  Mr.  Harrison : 

Resolved,  That  all  speeches  on  amendments  and  ordi- 
nances reported  by  standing  committees,  be  limited  to 
five  minutes  each. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

PETITIONS. 

Petition  No.  2,  by  Mr.  Black  well  (by  request)  : 

Mr.  President  and  Members  of  the  Alabama  Constitu- 
tional Convention: 

Realizing  the  fact  that  no  member  of  the  negro  race 
is  represented  in  your  august  body  to  speak  one  word 
for  us,  we  must  appeal  to  you  in  this  manner.  Being 
Southern  born,  of  ex-slaves.  Southern  raised,  within  the 
city  where  you  are  now  in  session,  and  having  spent  my 
energies  among  my  people  in  this  State  for  thirty  years. 


Constitutional  Convention.  309 

I  represent  the  product  of  Alabama  negro  manhood.  I 
speak  the  sentiments  of  thousands  of  my  race  whose 
timidity  locks  their  mouths. 

We  have  made  many  errors  since  emancipation.  We 
were  weaker  than  now,  and  prone  to  mistakes,  But^ 
gentlemen,  could  you  have  looked  for  perfection  in  a  race 
of  ignorant  liberated  people?  No  matter  how  ignorant 
we  were  thirty  years  ago,  and  no  matter  how  intelligent 
we  become  one  hundred  years  from  now,  yet  the  fact 
remains  the  same — that  then,  now  and  henceforth  we 
realize  that  the  negro's  best  friend  is  the  Southern 
white  man.  You  have  proven  3'our  genuine  friendship 
to  us  all  along.  You  have  given  us  work  at  any  trade  at 
which  we  were  proficient.  You  have  given  us  good 
schools,  gone  into  your  own  pockets  to  educate  us.  You 
have  given  us  counsel  when  we  were  in  need  of  advice, 
for  all  of  which  we  are  grateful,  and  we  hope  we  have 
proven  the  same  to  you.  Do  not  expect  more  of  us  than 
of  any  other  race  at  the  same  stage  of  development.  We 
know  that  the  salvation  of  the  negro  is  in  3- our  hands. 
You  can  make  us  industrious,  contented,  loyal  and  use- 
ful citizens;  or  you  can  make  us  shiftless,  discontented 
and  good  for  nothing.  You  are  framing  a  Constitution 
for  future  government  of  generations  of  negroes  of  Ala- 
bama, as  well  as  of  other  races.  We  are  interested,  be- 
cause we  are  lawabiding,  and  must  live  up  to  your  new 
Constitution,  or  get  out.  Say  to  us,  forsooth,  that  you 
are  black,  that  your  hair  is  kinky,  or  features  Hamitic, 
or  say  that,  forsooth  some  negro  blood  is  in  your  veins, 
you  cannot  enjoy  the  franchise  in  Alabama,  and  you  at 
once  relegate  us  to  the  ranks  of  a  brute.  We  would  have 
not  one  incentive  to  go  forward.  You  Avould  cripple  an 
alread  weak  race. 

We  are  among  you,  and  satisfied.  It  was  not  of  our 
own  free  will  that  we  are  here.  Like  other  nations  of 
the  Far  East,  we  did  not  migrate  here  and  force  our- 
selves upon  you.  Had  we  done  so  it  mii>ht  be  fair  and 
conservative  that  you  say  to  us  "get  out,"  or  drive  us  ouV 
by  discriminative  methods  that  were  baselv  uniust.  But, 
gentlemen,  we  were  snatched  from  our  motherland, 
heathens.     By  the  providence  of  Grod  we  were  brought 


SIO  Journal  of  Alabama 

here,  and  for  three  hundred  years  toiled  for  you  a;s  your 
■slayes. 

American  slayery,  thoiij^h  \yroni»,  \yas  a  blessing-  to  us. 
In  its  sehool  of  three  hundred  years  \ye  learned  trades, 
language,  customs  and  the  religion  of  Jesus  Christ. 
There  is  a  just  Grod  who  guards  the  destiny  of  nations, 
and  in  His  own  time  slayery  was  a])olislied  and  we  were 
left  among  you,  ignorant  of  franchise  and  goyernment, 
with  no  education  or  character. 

Be  conseryatiye  to  us,  gentlemen.  Do  not  deal  a 
crushing  blow.  A  blow  from  you  at  this  critical  mo- 
ment— with  no  flag  except  the  glorious  Stars  and  Stripes 
for  which  we  haye  bled  and  died ;  no  friend  except  you, 
whose  fathers  and  mothers  we  haye  guarded  from  harm, 
and  you  yourself  whom  we  haye  cherished  and  cared 
for  while  the  Southern  man  fought  for  a  lost  cause — 
would  be  as  Brutus'  dagger  of  steel  w^arming  its  blade 
in  the  life  blond  of  Caesar.  The  tickle  of  our  hoe  has 
made  your  hands  laugh  fortli  in  haryest.  Our  axe  has 
cleared  your  forests.  We  haye  built  your  cities.  Our 
pick  has  sunk  down  into  the  bowels  of  the  earth  and 
thrown  up  iron  and  coal.  AAV  emerged  from  slayer^' 
and  went  at  once  to  work  at  whateyer  price  you  yalued 
our  labor.  We  do  not  cause  any  organic  disturbance  by 
strikes.  We  are  striying  to  fit  ourselyes  for  citizenship. 
We  petition  and  implore  you  to  not  disturb  our  content 
by  an  unjust  franchise.  If  you  place  an  educational 
qualification  that  touches  all  alike  we  are  satisfied.  In 
short,  we,  though  only  thirty-fiye  years  old,  are  Ayilling 
to  be  weighed  in  the  scale  of  manhood  and  measured 
with  a  tape  of  justice. 

Alabama,  ore  (»f  the  greatest  States  of  tlve  Union; 
one  upon  whom  the  eyes  of  the  world  are  turned  at  pres- 
ent, a  State  vrbose  alphabetical  arrangenunit  stands  first 
of  th(^  States  of  the  greatest  country  of  Ood's  creation 
(a  country  upon  whose  territory  the  sun  neyer  sets), 
cannot  aiford  to  disfranchise  seyeral  hundred  thousand 
of  its  citizens,  cannot  afford  to  remoye  the  juiblic  edu- 
cational fund  from  tbeuL  An  edticated  d(\g  is  worth  a 
hundred  good-for-nothing  curs.  We  do  not  demand  any- 
thing of  you.     We  cannot  demand  if  \ye  wcMild.     We 


Constitutional  Convention.  311 

:simply  entreat  you  as  honest  citizens  to  frame  a  Consti- 
tution tliat  will  not  disgrace  the  wisdom  of  Alabama; 
that  will  not  cause  us  to  de<;enerate ;  that  will  not  cause 
us  discontent;  that  will  not  cause  us  to  doubt  your 
friendship,  which  we  have  cherished  for  nearly  four 
hundred  years.  Frame  a  Constitution  that  will  be  a 
pride  of  the  t^tate — one  that  we  will  be  proud  of,  as 
well  as  you;  one  that  will  benefit  both  races.  Frame  a 
Constitution  that  will  place  you  at  the  head  of  the  col- 
umn of  sister  States  where  you  belong.  Do  not  drive  us 
into  depredation.  What  incentive  would  a  ten  thousand 
dollar  property  (lualification  be  to  us? 

Don't  drive  us  from  you ;  we  are  here,  and  want  to 
remain.  God  intended  us  to  be  here,  and  He  intends  us 
to  remain.  Had  it  not  been  so  we  would  have  perished 
long  ago.  Before  the  onward  tread  of  Anglo-Saxon  civi- 
lization races  have  vanished  more  rapidly  than  extinct- 
ion from  shot  a'nd  shell  or  bayonet.  The  New  Zealander, 
Pacific  Islander  and  American  Indian  have  all  gone  to 
their  graves ;  they  were  not  able  to  Avithstand  the  environ- 
ments of  the  Nineteenth  century  civilization.  No  race, 
save  the  American  negro,  has  been  able  to  gaze  into  tho 
l)lue  eyes  of  the  Anglo-Saxon  for  centuries  and  live. 
God  so  constructed  us  of  better  stamina.  We  have  lived, 
increased  and  prospered.  Remember,  gentlemen,  that 
might  is  not  at  all  times  right.  Judge  not  the  whole 
race  by  its  criminals.  All  races  have  them,  and  the  bet- 
ter element  of  us,  as  of  you,  abhor  crime  and  do  not  wish 
to  be  called  criminals  because  we  have  criminals  in  our 
race. 

The  Constitution  that  you  frame  shall  live  as  an  ever- 
lasting monument,  not  of  stone  or  brass,  nor  Egyptian, 
to  crumble  and  decay  under  the  chemical  changes  of  time 
— but  shall  stand  out  prominent  above  all  other  Ala- 
liama  documents  after  death  and  the  grave  have  claimed 
you.  It  shall  live  on  after  God  has  called  you  to  rest. 
ITnborn  generations  of  negroes  and  whites  look  up  to  it 
after  your  flesli  has  been  devoured  bv  the  earth  worm, 
your  bones  bleached  in  the  tomb,  and  your  soul  given 
ticcount  for,  your  eartlily  transit. 


312  Journal,  of  Alabama 

Whether  this  monument  will  be  one  of  honor  or  dis- 
grace to  the  name  of  our  fair  State,  to  its  citizens,  both 
black  and  white,  and  to  you,  will  depend  n]X)n  your  elec- 
tion. 

Respectfully, 

Willis  E.  Steers,  M.  D., 

Decatur,  Alabama. 

Mr.  Greer,  of  Calhoun,  moved  that  the  petition  be  not 
recorded  as  a  part  of  the  official  proceedings  of  the  Con- 
rention. 

Mr.  Howell  moved  to  lay  upon  the  table  the  motion 
of  Mr.  Greer,  of  Calhoun,  and  the  motion  of  Mr.  Howell 
prevailed. 

Mr.  Howell  moved  that  the  petition  be  referred  to  the 
Committee  on  Suffrage  and  Elections. 

The  motion  prevailed,  and  the  petitiop  was  referred 
to  the  Committee  on  Suffrage  and  Elections. 

Mr.  Case  offered  the  following  petition,  which  was 
read  at  length: 

Petition  3,  by  Mr.  Case : 

Collinsville,  Ala.,  June  13,  1901. 

To  the  Alahama  Constitutional  Conccntion,  Montgom- 
ery^ Ahi. : 

Whereas,  under  National  Interstate  laws  large  trusts 
have  and  are  being  formed  all  over  the  country,  with 
almost  unlimited  capital ;  and 

Whereas,  the  trust  companies  from  without  the  State 
of  Alabama  commonly  known  as  department  stores, 
without  contributing  one  cent  in  revenues  toward  the 
payment  of  the  expenses  of  maintaining  and  support- 
ing our  State  government,  either  in  privilege  or  ad 
valorem  taxes,  are  flooding  the  State  with  circulars, 
catalogues  and  agents,  plying  their  trade,  advertising 
their  goods  and  supplying  the  consumers  with  many 
articles,  same  being  actually  delivered  by  the  said  agents^ 


Constitutional  Convention.  313 

and  whereas  the  resident  -merchants  of  this  State  are 
required  to  pay  taxes  before  they  can  sell  their  goods, 
now,  therefore,  in  consideration  of  the  premises,  your 
petitioners  respectfull}'-  pray  that  the  delegates  to  the 
said  Constitutional  Convention  of  the  State  of  Alabama 
examine  into  the  merits  of  this  momentous  question  to 
the  end  that  some  clause  may  be  engrafted  in  our  State 
Constitution  by  which  these  non-resident  trusts  and  de- 
partment stores  may  be  reached,  and  required  to  pay 
their  fu'o  rata  share  of  our  State  taxes,  or  upon  their 
failure  or  refusal  to  do  so,  that  they  may  be  denied  the 
privilege  of  delivering  their  goods,  wares  and  merchan- 
dise in  the  State  of  Alabama. 

Halls  Dry  Goods  Co., 
Geo.  W.  Roberts, 
B.  A.  NowLiN, 
Byron  &  Co., 
M.  G.  A.  Nicholson, 
Nicholson  Drug  Co., 
H.  P.  McWharter, 
R.  A.  Burt, 

B.  Keinan, 

R.  E.  Roberts, 
Chas.  Roberts  &  Co., 
Geo.  W.  Keener, 
,  R.  S.  Williams  &  Co., 
H.  R.  Jordan  &  Son, 

C.  C.  Jordan, 

W.  A.  Wilburns  Co., 
J.  E.  Gibson, 
R.  H.  Smith. 

The  petition  was  referred  to  the  Committee  on  Tax^ 
ation. 

The  hour  of  11  o'clock  having  arrived,  the  Convention, 
under  the  rules,  suspended  the  roll  call  for  the  intro- 


514  JouENAL  OF  Alabama 

duetion   of  ordinances,   resolutions,   petitions  and  me- 
morials, and  proceeded  to  the  consideration  of 

UNFINISHED  BUSINESS. 

Which  was  the  report  of  the  Committee  on  Executive 
Department,  which  was  an  ordinance  "To  create  and 
define  the  Executive  Department." 

The  question  being  on  the  motion  of  Mr.  Lowe,  of  Jef- 
ferson, to  recomnyt  Section  13  and  tlie  amendments 
thereto,  to  the  Committee  on  Executive  Department. 

Mr.  Jones,  of  Montgomery,  moved  the  previous  ques- 
tion on  the  motion  of  Mr.  Lowe,  of  Jetferson.  The  prev- 
ious question  was  ordered,  and  the  Convention  refused 
to  recommit  Section  13  and  pending  amendments. 

The  question  recurred  upon  tlie  pending  amendment 
-offered  b}'  Mr.  deGraffenried  on  Saturday,  the  15th. 

The  amendment  read  as  follows : 

To  amend  Section  13  by  adding  after  the  words  "to 
reconsider  it"  in  the  fourth  line  of  the  following : 

If  the  Governor's  message  proposes  no  amendment 
which  would  remove  his  objection  to  the  bill,  the  House 
in  which  the  bill  originated  may  proceed  to  reconsider, 
and  if  a  majority  of  the  whole  number  elected  to  that 
House  vote  for  the  passage  of  the  bill,  the  bill  shall  be 
sent  to  the  other  House,  which  shall,  in  like  manner,  re- 
consider, and  if  a  majority  of  the  whole  number  elected 
to  that  House  vote  for  the  passage  of  the  bill,  the  same 
shall  become  a  law,  notwithstanding  the  Governor's 
veto. 

And  the  amendment  was  adopted. 

The  question  then  recurred  upon  the  amendment  of- 
fered by  Mr.  deGraffenried,  which  reads  as  follows: 

Amendment  No.  2 : 

Strike  from  the  Section  all  that  precedes  the  words 
"if  anv  bill"  in  the  eighteenth  line  thereof,  and  in  lieu 
thereof  insert  the  following: 

•EATry  bill  which  shall  have  passed  both  Houses  of  the 
General  Assemblv  shall  be  presented  to  the  Governor; 
if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return 


Constitutional  Convention.  315 

it  to  that  House  from  which  it  shall  have  origiuated, 
who  shall  enter  the  objection  at  large  upon  the  Journal ;' 
and  the  House  to  which  the  bill  shall  be  returned  shall 
proceed  to  reconsider  it;  if  after  such  consideration  a 
majority  of  the  whole  number  elected  to  that  House  shall 
vote  for  the  passage  of  such  bill,  it  shall  be  sent,  with 
the  objections,  to  the  other  House,  by  which  it  shall  like- 
wise be  considered ;  if  approved  by  a  majority  of  the 
whole  number  elected  to  that  House  it  shall  become  a 
Jaw,  but  in  such  cases  the  vot(\s  of  both  Houses  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  mem- 
bers voting  for  or  against  the  bill  shall  be  entered  upon 
the  Journal  of  each  House  respectively. 

Mr.  deGraffenried  then  ottered  the  following  amend- 
ment to  the  amendment  No.  2,  which  reads : 

Amend  caption  of  amendment  No.  2  by  striking  from 
the  same  all  after  the  words  ^'to  reconsider  it'"  in  the 
fourth  line  down  to  and  including  the  word  ''respect- 
ively" in  the  eighteenth  line,  and  inserting  in  lieu  there- 
of the  following: 

Every  bill  which  shall  have  passed  both  Houses  of  the 
General  Assend)ly  shall  be  presented  to  the,  Governor ; 
if  he  approve,  but,  and  the  amendment  to  the  amend- 
ment was  laid  upon  the  table. 

^Ir.  Murphree  offered  the  following  substitute  to  Sec- 
tion 13  and  pending  amendments,  which  was  read  at 
length  : 

Substitute  for  the  report  of  the  Committee  on  Exe- 
cutive Department  and  amendments  thereto,  as  fol- 
lows : 

That  Section  13  of  Article  X  of  the  Constitution  of 
1875  be  adopted  in  full,  with  the  addition  that  the  Gov- 
ernor may  approve  l)ills  within  ten  days  after  final  ad- 
journment, if  approved  and  deposited  with  the  Secretary 
of  State  within  that  time. 

Mr.  Wilson,  of  Washington,  moved  the  previous  ques- 
tion on  the  substitute.  The  previous  question  was 
ordered,  and  the  substitute  offered  bv  Mr.  JMurphree  was 
lost. 

]Mr.  Samford  moved  that  the  amendment  No.  2,  offer- 
ed by  3Ir.  deGraffenried,  be  laid  upon  the  table,  and  the 


316  Journal  of  Alabama 

motion  to  table  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

Mr.  Fitts  moved  the  previous  question  on  Section  13,- 
as  amended,  and  the  previous  question  was  ordered. 

Mr.  Smith,  Mac.  A.,  moved  a  reconsideration  of  the 
vote  by  which  the  previous  question  was  ordered,  and 
on  that  Mr.  Whiteside  called  for  the  yeas  and  nays.  The 
call  was  not  sustained. 

And  the  motion  of  Mr.  Smith,  Mac.  A.,  was  lost. 

The  main  question  was  then  put,  and  Section  13,  as- 
amended,  was  adopted. 

SECTION   FOURTEEN. 

Sec.  14.  The  Grovernor  shall  have  power  to  approve 
or  disapprove  any  item  or  items  of  any  bill  making  ap- 
propriations embracing  distinct  items,  and  the  part  or 
parts  of  the  bill  approved  shall  be  the  law,  and  the  item 
or  items  disapproved  shall  be  void,  unless  repassed  ac- 
cording to  the  rules  and  limitations  prescribed  for  the 
passage  of  other  bills  over  the  Executive  veto;  and  he 
shall  in  writing,  state  specifically  the  item  or  items  he 
disapproves,  setting  forth  the  same  out  in  ]iaec  verba, 
in  his  message;  but  in  such  case  the  enrolled  bill  shall, 
not  be  returned  with  the  Governor's  objection. 

Was  read  at  length. 

Mr.  Bi'ooks  offered  the  following  amendment,  which 
was  read  at  length : 

Amend  Section  14  of  an  ordinance  to  create  and  de- 
fine the  Executive  Department,  by  striking  out  the  same 
and  inserting  the  following: 

Sec.  14.  The  Governor  shall  have  power  to  approve 
or  disapprove  any  item  of  any  bill  embracing  distinct 
items  of  appropriation  and  the  portion  of  the  bill  ap- 
proved shall  be  the  law.  He  shall,  in  his  message,  speci- 
fically set  out  in  full,  as  the  same  appears  in  such  bill, 
the  item  disapproved,  which  shall  be  void  unless  re- 
passed, according  to  the  rules  prescribed  f(U*  the  passage 
of  other  bills  over  the  Executive  veto;  and  the  enrolled 
bill  shall  not  be  returned  with  the  Governor's  objection.. 


Constitutional  Convention.  317 

Mr.  Espy  moved  that  the  amendment  offered  by  Mr. 
Brooks  be  laid  upon  the  table. 

The  motion  of  Mr.  Esp}'  prevailed,  and  the  amendment 
of  Mr.  Brooks  was  laid  upon  the  table. 

Mr.  Long,  of  Butler,  offered  the  following  amend- 
ment, which  was  read  at  length  : 

Amend  Section  14  by  striking  out  the  words  "in 
haec  verba"  where  they  appear  in  line  six,  and  insert- 
ing the  words  "in  full." 

Mr.  O'Neal,  of  Lauderdale,  moved  that  the  amendment 
of  Mr.  Long,  of  Butler,  be  laid  upon  the  table. 

The  motion  of  Mr.  O'Neal,  of  Lauderdale,  was  lost, 
and  the  amendment  of  Mr.  Long,  of  Butler,  was  adopted. 

Mr.  Fitts  moved  that  Section  14,  as  amended,  be 
adopted.  The  previous  question  was  ordered,  and  Sec- 
tion 14,  as  amended,  was  adopted. 

SECTION  FIFTEEN. 

Sec.  15.  In  case  of  the  Governor's  removal  from  office, 
death,  or  resignation,  the  Lieutenant  Governor  shall  be- 
come Governor.  If  both  the  Governor  and  Lieutenant 
Governor  are  removed  from  office,  die,  or  resign,  prior 
to  the  next  general  election  thereafter,  for  members  of 
the  General  Assembly,  the  Governor  and  Lieutenant 
Governor  shall  be  elected  at  such  election  for  the  unex- 
pired term.  In  case  of  the  impeachment  of  the  Gover- 
nor, his  absence  from  the  State,  unsoundness  of  mind, 
or  other  disability,  the  power  and  authority  of  the  office 
shall  devolve,  in  the  order  herein  named,  upon  the  Lieu- 
tenant Governor,  President  pro  tem  of  the  Senate, 
Speaker  of  the  House  of  Representatives,  Attorney  Gen- 
eral, State  Auditor,  Secretary  of  State,  and  State  Treas- 
urer; if  any  of  these  officers  be  under  any  of  the  disabili- 
ties herein  specified,  the  office  of  Governor  shall  be  ad- 
ministered in  the  order  named  by  these  officers  free  from 
such  disability,  until  the  Governor  is  acquitted,  returns 
to  the  State,  or  is  restored  to  his  mind,  or  relieved  from 
other  disability.  If  the  Governor  shall  be  absent  from 
the  State  over  twenty  days,  the  Secretary  of  State  shall 
notify  the    Leutenant  Governor,  who  shall  enter  upon 


318  Journal  of  Alabama 

the  duties  of  GoYernor;  if  both  the  (xovernor  and  Lieii- 
teuaut  Governor  sliall  be  absent  from  the  State  over 
twenty  days  the  Secretary  of  State  sliall  notify  the 
President  pro  tern  of  the  Senate,  who  shall  enter  upon 
the  duties  of  the  Governor,  and  so  on,  in  case  of  such 
absence,  he  shall  notify  each  of  the  other  officers  named 
in  their  order,  who  shall  discharge  the  duties  of  Gover- 
nor, until  the  Governor  or  other  officeits  entitled  to  td- 
minister  the  office  in  succession  to  the  Governor,  returns. 
If  the  Governor-elect  fails  or  refuses  from  any  cause  to 
qualify,  the  Lieutenant  Governor-elect  shall  qualify, 
and  exercise  the  duties  of  the  Governor's  office  until  the 
Governor-elect  qualifies;  and  in  the  event  both  the  Gov- 
ernor-elect and  Lieutenant  Governor-elect,  from  any 
cause,  fail  to  qualify,  the  President  pro  tem  of  the  Sen- 
ate, the  Speaker  of  the  House  of  Kepresentatives,  the 
Attorney  General,  State  Auditor,  Secretary  of  State, 
and  State  Treasurer  shall  in  like  manner,  in  the  order 
named,  administer  the  government  until  the  Governor 
or  Lieutenant  Governor-elect  (pialifies. 

Was  read  at  length. 

The  Committee  on  Executive  Department,  through  its 
chairman,  Mr.  Jones,  of  Montgomery,  offered  the  fol- 
lowing amendment,  which  was  read  at  length : 

Amend  Section  15  of  the  third  line  by  striking  out  the 
word  "thereafter'  in  the  third  line,  and  substituting  in 
lieu  thereof  thereafter  the  words  "after  their  election.'^ 

And  the  amendment  was  adopted. 

Mr.  Williams,  of  Barbour,  ottered  the  following 
amendment,  which  was  read  at  length : 

Amend  Section  15  by  inserting  after  the  words  "un- 
expired term"  in  the  fifth  line,  the  following  sentence: 

And  in  the  ev(Mit  of  a  vacancy  in  the  office,  caused  by 
the  removal  from  office,  death  or  resignation  of  the  Gov- 
ernor, and  Lieutenant  Governor,  pending  such  vacancy 
and  until  their  successors  shall  be  elected  and  (pialified, 
the  office  of  Governor  shall  be  held  and  administered  by 
either  the  President  pro  tem  of  the  Senate,  Speaker  of 
the  House  of  Representatives,  Attorney  General,  Audi- 
tor, Secretarv  of  State  or  Treasury,  and!  in  the  order 
luM-ein  named. 

The  amendment  was  adopted. 


Constitutional  Convention.  319- 

Mr.  Pettiis  offered  the  following'  amendmeut,  which 
was  read  at  length  : 

Amend  Section  15  of  xVrticle  V  by  striking  out  the 
words  "the  President  pro  tern  of  the  Senate,"  in  lines 
22  and  23  of  said  section. 

Mr.  Jones,  of  Montgomery,  moved  that  the  amendment 
of  Mr.  Pettus  be  laid  upon  the  table,  and  the  motion  pre- 
vailed, and  the  amendment  was  laid  upon  the  table. 

Mr.  Fitts  moved  that  Section  15,  as  amended,  be 
adopted,  and  upon  that  motion  he  demanded  the  prev- 
ious quesition.  The  previous  (question  was  ordered,  and 
Section  15  of  the  ordinance,  as  amended,  was  adopted. 

SECTION  SIXTEEN. 

Sec.  10.  If  the  (xovernor  or  other  officer  administer- 
ing the  office  shall  become  of  unsound  mind,  it  shall  be 
the  duty  of  the  Supreme  Court  of  Alabama,  upon  ]'e({uest 
in  writing  of  au}^  two  of  the  officers  named  in  Section  15, 
not  next  in  succession  to  the  Governor,  to  ascertain  the 
mental  condition  of  the  Governor,  or  other  officer  exer- 
cising the  office — and  if  he  is  of  unsound  mind,  to  so 
certify  upon  its  minutes;  a  copy  of  which,  duly  certified, 
shall  be  filed  in  the  office  of  the  Secretary  of  State;  and 
in  that  event,  it  shall  be  the  duty  of  the  officer  next  in 
succession  to  perform  the  duties  of  Governor,  until  the 
Governor  or  other  officer  exercising  the  office  is  restored 
to  his  mind. 

Was  read  at  length. 

Mr.  Jones,  of  Montgomery,  chairman  acting  for  the 
Committee  on  Executive  Department,  offered  the  follow- 
ing amendment,  which  was  read  at  length: 

Amend  Section  16,  line  2,  by  adding  after  the  woi'ds 
'  Alabama"  the  words  "under  such  relgations  as  it  may 
{uescribe." 

Mr.  Macdonald  offered  the  following  amendment  to 
the  amendment  offered  by  the  committee,  which  was  read; 
at  length  : 

To  amend  Section  IG  of  Article  V  by  adding  the  fol- 
lowing words: 


320  Journal  of  Alabama 

The  request  in  writing  hereinabove  provided  for  shall 
be  verified  by  the  affidavit  of  those  making  such  request. 
And  the  Supreme  Court  shall  prescribe  rules  of  practice 
in  such  proceedings,  which  rules  shall  include  a  provis- 
ion for  the  service  of  notice  on  theGovernor  of  such  pro- 
ceeding, and  a  method  of  taking  testimony  therein." 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  substitute 
and  the  amendments,  and  the  hour  of  1  o'clock  p.  m. 
having  arrived,  the  Convention,  under  the  rules,  ad- 
journed until  to-morrow  morning  at  10  o'clock. 


TWENTY-FOURTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Tuesday,  June  19,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Murphree  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constitute  a 
quorum : 

Messrs.  President,  Boone, 

Almon,  Brooks, 

Altman,  Browne, 

Ashcraft,  Bulger, 

Banks,  Burnett, 

Barefleld,  Burns, 

Bartlett,  Byars, 

Beavers,  Cardor, 

Beddow,  Carmichael  (Colbert), 

Bethune,  Carmichael  (Coffee), 

Blackwell,  Carnathon, 


Constitutional  Convention. 


321 


Case, 

Chapman, 

Cobb, 

Oofer, 

Coleman  (Greene), 

Comwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffeni'ied, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Pitts, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

GraJiam  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers)., 

Heflin  (Randolph)., 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

2J, 


Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  ( Montgomery ) , 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

driller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

^lulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

0])p, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 


322 


Journal  of  Alabama 


Pearce, 

Pettiis, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Eeese, 

Eenfro, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes),. 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 


Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly^ 

White, 

Whiteside, 

Willett, 

Williams  ( Barbour) ^ 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington) 

Winn— 150. 


LEA^"E   OF   ABSENCE 


Was  granted  to  Mr.  Opp  for  last  Monday. 


REPORT  OF  .JOURNAL  CO:\IMITTEE. 


Tlie  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  twenty- 
third  day  of  the  Convention,  and  found  the  same  to  be 
correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman.. 


Constitutional  Convention.  323 

resolutions  on  first  reading. 

The  following  resolntious  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows: 

Resolution  167,  by  Mr.  NeSmitli : 

Whereas,  this  Convention,  at  the  conclusion  of  its 
labors,  should  issue  an  address  to  the  people  of  Ala- 
bama, outlining  briefly  the  changes  made,  and  showing 
the  superiority  of  the  new  Constitution  over  the  one 
under  which  we  are  now  living; 

And,  whereas,  should  a  committee  be  speedily  ap- 
pointed for  the  purpose,  such  address  would  be  better 
and  more  easil}^  prepared; 

Therefore,  be  it  resolved,  That  the  President  of  this 
Convention  be  empowered  to  appoint  a  committee  of 
twelve,  of  which  he  shall  be  the  chairman,  to  draft  such 
an  address. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  168,  by  Mr.  Gates: 

Resolved,  That  inasmuch  as  the  printed  acts  of  the 
last  session  of  the  General  Assembly  are  so  voluminous 
as  to  nuike  them  unwieldly  and  easily  destructable  that 
the  Secretary  of  State  be  directed  to  have  them  bound 
as  follows : 

The  CTcneral  Law^s  in  one  volume,  the  General  and 
Local  Laws  together  in  two  volumes,  and  the  State  Audi- 
tor is  hereby  authorized  to  give  his  warrant  on  the 
Treasurer  for  the  cost  of  the  additional  bindings,  at  the 
rate  provided  for  in  the  contract  for  the  public  printing. 

The  resolution  was  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 

Resolution  169,  by  Mr.  Williams,  of  Marengo :  • 

Whereas,  The  Convention  has  incurred  considerable 
expense  in  obtaining  a  stenographic  report  of  the  pro- 
ceedings of  the  Convention,  and  whereas,  the  wisdom  of 
the  reports  appears  more  apparent  every  day,  and  where- 
as, as  a  ready  reference  the  reports  are  a  failure  as  they 
now  are,  and  whereas,  an  index  would  add  greatly  to 
the  value  of  the  reports; 


324  Journal  of  Alabama 

l:si)w,  tlirefore,  be  it  resolved  bv  the  Convention,  That 
as  soon  as  the  Convention  shall  have  adjourned  sine  die 
that  the  Seeretarv  of  State  be  and  he  is  hereby  author- 
ized to  contract  with  some  reliable  party  who  shall 
make  a  complete  index  of  said  report  and  shall  place 
the  same  in  each  of  the  volumes  of  the  reports  hereto- 
fore ordered  kept  for  the  use  of  the  State,  and  shall  fur- 
ther cause  to  be  printed  in  some  paper  in  Alabama  the 
said  index,  so  that  those  people  of  Alabama  who  are 
preserving  the  reports  may  easily  obtain  a  copy  of  said 
index  for  their  use  and  preservation. 

The  resolution  was  referred  to  the  Committee  on 
Eules. 

Eesolution  170,  by  Mr.  Greer,  of  Perry: 

Eesolutiou  of  welcome  to  the  Alabama  Press  Associa- 
tion : 

Whereas,  the  press  of  Alabama  is  recognized  as  the 
most  potent  factor  in  disseminating  information  and 
in  molding  public  opinion  throughout  every  county,  city, 
town,  hamlet,  and  rural  district  of  the  State  of  Ala- 
bama ;  and 

Whereas,  The  press  of  Alabama,  as  a  majority,  has 
ever  been  found  on  the  side  of  the  people,  and  of  law 
and  order,  on  all  questions  affecting  the  public  weal, 
and  in  no  time  in  its  history  has  it  failed  to  secure  an 
endorsement  of  its  fight  for  right,  law  and  justice;  and 

Whereas,  This  Constitutional  Convention  owes,  in  a 
large  measure,  this  assembling  of  the  representatives  of 
the  people  to  the  efforts  of  the  press  of  Alabama,  whose 
voice  was  almost  as  a  unit  for  the  call  of  the  Conventicm ; 
and 

Whereas,  a  close  scrutiny  of  the  columns  of  the  State 
press  will  show  that  it  is  to-day  promulgating  every  act 
of  this  Convention,  discussing  and  dissecting  the  same, 
so  that  each  and  every  voter  may  be  enabled  to  vote  in- 
telligently on  the  question  of  endorsement  or  refusing 
to  endorse  the  action  of  this  Convention ;  and 

Whereas,  The  Alabama  Press  Association  will  meet 
in  annual  session  in  the  city  of  Montgomery  on  Thurs- 
day and  Friday  of  this  week, 


Constitutional  Convention.  325' 

Therefore,  be  it  resolved,  by  the  people  of  Alabama, 
in  Couveution  assembled,  That  the  editors,  their  wives, 
daughters,  sous  and  friends,  composing  this  association, 
be  extended  an  invitation  to  attend  upon  the  meetings 
of  this  Convention  during  their  stay  in  this  city. 

Be  it  further  resolved.  That  this  Convention  invite 
the  criticisms  of  the  press  of  Alabama  with  reference 
to  the  arduous  task  now  confronting  this  body,  in  formu- 
lating a  new  organic  law,  believing  as  we  do  that  these 
intelligent  criticisms  will  redound  not  only  to  the  rati- 
fication of  our  acts,  but  that  the  people  will  thereby  be 
apprised  of  the  efforts  now  being  made  by  their  repre- 
sentatives to  fulfill  their  duties  honestly,  fearlessly  and 
conscientiousl3\ 

Be  it  further  resolved.  That  this  Convention  extends 
best  wishes  to  those  members  -who  shall  take  the  happy 
outing  to  the  Pacific  coast,  and  that  their  trip  may  prove 
one  of  pleasure  and  of  profit,  and  that  they  may  return 
to  their  homes  feeling  that  they  have  been  rewarded  in 
garnering  information  that  will  aid  them  in  their  pro- 
gressive strides  towards  placing  their  State  at  the  head 
of  the  realm,  in  progress  and  education,  as  she  now 
stands  in  natural  resources,  and  acknowledged  possi- 
bilities. 

^Ir.  (heer,  of  Perry,  moved  that  the  rules  be  sus- 
pended aud  that  the  resolution  170  be  placed  upon  its 
immediate  passage.  The  motion  was  lost,  and  the  reso- 
lution was  referred  to  the  Committee  on  Schedule, 
Printing  and  Incidental  Expenses. 

ORDINANCES  ON   ElKST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropr-iate 
committees,  as  folloAvs: 

Ordinance  389,  by  Mr.  O'Neill,  of  Jefferson : 

To  relieve  agents  of  firms  or  corporations  in  this  State 
of  license  tax  not  charged  outside  the  State  to  agents, 
of  firms  or  corporations  doing  business  in  Alabama. 


326  Journal  of  Alabama 

The  ordiuaDce  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  390,  by  Mr.  Spears : 

An  ordinance  authorizin<>-  and  makini;  it  the  duty  of 
the  Commissioners'  Court  of  St.  Clair  county  to  erect  a 
suitable  court  house  and  jail  at  some  place  in  said  county 
on  the  south  side  of  Back  Bone  Mountain,  where  all  the 
courts  are  to  be  held  for  the  trial  of  all  causes  and  the 
transaction  of  all  leg'al  business  oi'iginating  in  and  per- 
taining to  the  people  residing  in  beats  9,  10,  11,  12,  13, 
14,  15,'  16,  17,  18,  19,  20,  and'21,  of  said  county. 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  391,  by  Mr.  Whiteside : 

An  ordinance  to  prevent  discrimination  in  privilege 
taxes. 

The  ordinance  was  referred  to  the  Committee  on 
liCgislative  Department. 

Mr.  Browne  asked  unanimous  consent  that  a  com- 
munication from  a  committee  of  the  Alabama  Educa- 
tional Association,  now  in  session  in  the  city  of  Mont- 
gomery, be  read  by  the  Secretary.  The  communication 
"was  read  at  length  as  folloA\"s : 

Montgomery,  June  19,  1901. 

Hon.  J.  B.  (irahani,  Clntirinau  (U>iiiiiiittce  on  Educa- 
tion; HoiL  Cecil  Broinic,  Vhairntun  Coiinuittce  on 
Ta.rafion  : 

My  Dear  Sirs:  At  a  regular  meeting  of  the  Alabama 
Educational  Association,  Tuesday,  June  18th,  the  fol- 
lowing resohition  was  adopted : 

Resolved,  That  the  hour  of  1:30  p.  ul  Wednesday  be 
the  hour  set  apart  for  the  discussion  of  ''Local  Tax- 
ation for  Sch<H)l  Purposes,"  and  that  a  committee  be 
appointed  to  invite  the  Constitutional  Convention  Com- 
mittees on  Edrcition  and  Taxation  to  meet  with  this  as- 
sociation at  that  hour. 


Constitutional  Convention.  327 

The  following  committee,  in  accordance  with  above 
resolution,  have  the  honor  to  invite  you  and  your  com- 
mittees to  be  present  at  the  above  named  hour,  and  we 
trust  you  will  be  with  us  and  participate  in  the  dis- 
cussion. 

Respectfully, 

J.  D.  Humphrey, 

J.  W.  Abercrombie, 

C.  C.  Thach, 

J.  Savage, 

J.  B.  Cunningham. 

The  Convention  then  proceeded  to  the  consideration 
of  the 

unfinished  business. 

The  report  of  the  Committee  on  Executive  Depart- 
ment, whicli  was  an  ordinance  '^to  create  and  define  the 
Executive  Department." 

The  question  being-  upon  the  amendment  of  Mr.Mac- 
donald  to  the  amendment  to  Section  16  offered  by  the 
Committee  on  Executive  Department,  whicli  reads  as 
follows : 

Amend  paragraph  16,  line  2,  by  adding  after  the  words 
^'Alabama"  the  words  "under  such  regulations  as  it  may 
prescribe." 

And  the  amendment  of  Mr.  Macdonald  reads  as  fol- 
lows : 

To  amend  Section  16  of  Article  V  by  adding  the  fol- 
lowing words : 

The  request  in  writing  hereinabove  provided  for  shall 
be  verified  by  the  aflfidavit  of  those  making  such  request. 
And  the  Supreme  Court  shall  prescribe  rules  of  practice 
in  such  proceedings,  which  rules  shall  include  a  provis- 
ion for  the  service  of  notice  on  the  Governor  of  such  pro- 
ceeding, and  a  method  of  taking  testimony  therein." 

Pending  the  consideration  of  the  amendment  offered 
by  Mr.  Macdonald,  Mr.  O'Neil,  of  Lauderdale,  moved 
that  the  vote  by  which  Section  15  was  passed  on  yester- 
dav  be  reconsidered,  and  the  motion  prevailed. 

Mr.  O'Neal  offered  the  following  amendment,  which 
was  read  at  leno-th  : 


328  Journal  of  Alabama 

Amend  Section  15,  line  6,  by  adding  after  the  wordi 
''State"  on  line  6,  ''for  more  than  twenty  days." 

The  amendment  was  adopted. 

The  question  then  recurred  upon  the  adoption  of  Sec- 
tion 15,  as  amended,  and  Section  15,  as  amended,  was- 
adopted. 

The  question  then  recurred  upon  the  amendment  of 
^Ir.  Macdonald  to  the  amendment  offered  by  the  Com- 
mittee on  Executive  Department  to  Section  16  of  the 
ordinance. 

The  amendment  of  ]Mr.  Macdonald  was  adopted. 

Mr.  O'Neal  then  offered  the  following  amendment  ta 
the  amendnu^nt  offered  by  the  committee  to  Section  16, 
Avhich  was  read  at  length : 

Amend  by  adding  after  the  word  (jrovernor  ''or  other 
officer  administering  the  office." 

And  the  amendment  of  Mr.  O'Neal,  of  Lauderdale, 
was  adopted. 

The  question  then  recurred  upon  the  adoption  of  the 
amendment  of  the  committee,  as  amended,  and  the 
amendment,  as  amended,  was  adopted. 

Mr.  Pillans  offered  the  following  amendment,  which 
^v&^  read  at  length : 

Resolved,  That  Section  16  of  Article  V  be  amended 
as  follows : 

By  adding  after  the  word  "shall"  in  the  first  line  of 
Section  16,  and  before  the  word  "become"  in  that  line, 
the  words  "appear  to  have,"  so  that  said  line  may  read 
"if  the  Governor  or  other  officer  administering  the  office 
shall  appear  to  have  become  of  uusoud  mind." 

And  the  amendment  was  adopted. 

Mr.  Watts  offered  the  following  amendment,  which 
was  read  at  length : 

Amend  Section  16,  Executive  Department.  Insert 
after  "minutes,"  line  5,  the  following: 

And  when  said  investigation  shall  be  ordered,  the 
officer  next  entitled  to  the  office  of  (Tovernor,  according 
to  the  provisions  of  Section  15,  shall  assume  the  duties 
of  said  office  and  discharge  the  same  until  said  investi- 
gation has  been  concluded,  and  decision  rendered  there- 
in. 


Constitutional  Convention.  329 

Mr.  deGraifenried  moved  to  table  the  amendment  of- 
fered by  Mr.  Watts,  and  the  motion  to  tabk^  prevailed. 

Mr.  Jones,  of  Montgomery,  chairman,  acting  for  the 
Committee  on  Executive  Department,  offered  the  follow- 
ing amendment,  Avhich  was  read  at  length : 

Amend  Section  16  by  striking  out  the  period  at  the 
end  tliereof,  and  inserting  in  lieu  thereof  a  semicolon; 
and  by  adding  the  following  words,  ''when  the  incumbent 
denies  that  the  Governor,  or  other  person  entitled  to  ad- 
minister the  office,  has  been  restored  to  his  mind,  the 
iSupi'eme  Court,  at  the  instance  of  any  officer  named  in 
Section  15,  shall  ascertain  the  truth  concerning  the 
same,  and,  if  the  officer  has  been  restored  to  his  mind, 
shall  so  certify  on  its  minutes  and  file  a  duly  certified 
copy  thereof  with  the  Secretary  of  State,  and  in  that 
event  his  office  shall  be  restored  to  him. 

And  the  amendment  was  adopted. 

Mr.  Ferguso-n  offered  the  following  amendment,  which 
was  read  at  length : 

Provided,  however,  that  if  any  court  of  competent 
jarisdiction  in  this  State,  upon  inquiry  into  the  same 
shall  ascertain  according  to  the  rules  of  law  in  such 
cases,  that  such  Governor,  or  any  of  said  officers  in  said 
line  of  succession  and  exercising  said  office,  is  of  un- 
sound mind,  the  mode  of  inquiry  first  above  set  out  shall 
be  deemed  unnecessary ;  and  the  certificate  of  the  judge 
or-  clerk  of  such  court  adjudging  such  fact  shall  be  filed 
in  the  office  of  the  Secretary  of  State;  and  in  that  event 
it  shall  be  the  duty  of  the  officer  next  in  succession  to 
perform  the  duties  of  Governor,  until  the  Governor  or 
such  other  officer  is  restored  to  his  mind. 

]Mr.  Samford  moved  to  table  the  amendment  offered  by 
Mr.  Ferguson,  and  the  motion  to  table  prevailed. 

Mr.  Samford  moved  the  adoption  of  Section  16,  as 
amended,  and  demanded  the  previous  question.  The 
previous  question  was  ordered,  and  Section  16,  as 
amended,  was  adopted. 


330  JOUKXAL  OF  Alarama 

SECTION  SEVENTEEN. 

Sec.  17.  The  Lieutenant  Governor,  the  President  pro 
tern  of  the  Senate,  and  the  Speaker  of  the  House  of  Rep- 
resentatives, shall  receive  during  the  time  they  respect- 
ively administer  the  government,  like  compensation  as 
that  fixed  for  the  Grovernor;  provided,  if  the  General 
Assemhly  shall  be  in  session  during  the  time  such  officer 
may  administer  the  office  of  Governor,  they  shall  re- 
ceive no  compensation  as  officers  or  members  of  the  Gen- 
eral Assembly. 

Was  read  at  length. 

Mr.  Jones,  of  Montgomery,  chairman,  acting  for  the 
Committee  on  Executive  Department,  offered  the  fol- 
lowing suhstitute  for  Section  17,  which  was  read  at 
length  : 

Strike  out  Section  17,  as  now  written,  and  insert  in 
lieu  thereof  the  following  words : 

Sec.  17.  The  Lieutenant  Governor,  President  pro 
tem  of  the  Senate,  Speaker  of  the  House,  Attorney  Gen- 
eral, State  Auditor,  Secretary  of  State,  and  State  Treas- 
urer, while  administering  the  office  of  Governor,  shall 
receive  like  compensation,  and  no  other  than  that  pre- 
scribed by  law  for  the  Governor. 

Mr.  Jones,  of  ^lontgomery,  moved  the  adoption  of  the 
substitute.  The  motion  prevailed,  and  the  substitute 
was  adopted. 

And  Section  17,  as  amended,  was  thereupon  adopted. 

SECTION   EIGHTEEN. 

Sec.  18.  No  person  shall  at  one  and  the  same  time 
hold  the  office  of  Governor  of  this  State,  and  any  office, 
civil  or  military,  either  under  this  State  or  the  United 
State,  or  any  other  State  government,  except  as  other- 
wise provided  in  this  Constitution. 

Was  read  at  length. 

Mr.  Jones,  of  Montgomery,  chairman,  acting  for  the 
Committee,  moved  the  adoption  of  Section  18.  The 
motion  prevailed,  and  Section  18  was  adopted. 


Constitutional  Convention.  331 

SECTION   nineteen. 

Sec.  19.  The  Governor  shall  be  commander-in-chief 
of  the  militia  and  volunteer  forces  of  this  State,  ex- 
cept when  they  shall  be  called  into  the  service  of  the 
United  States,  and  he  may  call  out  the  same  to  exe- 
cute the  laws,  suppress  insurrection,  and  repel  invasion ; 
but  need  not  command  in  person  unless  directed  to  do  so 
by  resolution  of  the  General  Assembly,  and  when  act- 
ing in  the  service  of  the  United  States,  he  shall  appoint 
his  staff  and  the  General  Assembly  shall  fix  his  rank. 

Mr,  Jones,  of  Montgomery,  chairman,  acting  for  the 
committee,  moved  the  adoption  of  Section  19.  The  mo- 
tion prevailed,  and  Section  19  was  adopted. 

SECTION  twenty. 

Sec.  20.  The  Governor  shall  not  appoint  any  mem- 
ber of  the  General  Assembly,  during  the  term  for  which 
he  shall  have  been  elected,  to  any  offlce. 

Was  read  at  length. 

Mr.  Jones,  of  Montgomery,  chairman,  acting  for  the 
committee,  offered  the  following  amendment,  which  was 
read  at  length : 

Amend  Section  20  by  striking  out  the  word  "he"  where 
it  occurs  therein,  and  insert  words  "such  member." 

And  the  amendment  was  adopted. 

Mr.  Sanders  offered  the  following  amendment,  which 
was  read  at  length : 

To  amend  Section  20  by  adding  after  the  word  "office" 
in  the  second  line,  the  following  words,  "created  during 
said  term." 

Mr.  Thompson  offered  the  following  substitute  for  the 
amendment  of  Mr.  vSanders,  and  the  entire  section,  which 
w^as  read  at  length  : 

Sec.  20.  No  member  of  the  General  Assembly  shall, 
during  the  term  for  which  he  shall  have  been  elected,  be 
appointed  to  any  offlce  of  profit  in  this  State  which  shall 
have  been  created,  or  the  emoluments  of  which  shall  have 
been  increased  during  the  term  for  which  such  member 
has  been  electd. 


332 


Journal  of  Alabama 


Mr,  Samford  moved  to  lay  upon  the  table  the  ameaid- 
ment  and  substitute,  and  upon  that  motion  the  yeas  and 
nays  were  demanded. 

The  call  was  sustained,  and  the  anlendment  and  sub- 
stitute were  laid  upon  the  table. 

Yeas,  76;  nays,  68, 


YEAS. 


Messrs.  Asheraft, 

Barefield, 

Beavers, 

Bethune, 

Blackwell, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb),. 

Dent, 

deOraffenried, 

Duke, 

Eley, 

Espy, 

Ferguson, 

Fletcher, 

Gilmore, 

Glover, 

Graham  (Talladega) 

Grant, 

Greer  (Calhoun), 

Greer  (Perry), 

Handley, 

Henderson, 

Hodges, 

Howell, 

Howze, 

Inge, 

Jackson, 


Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Leigh, 

Locklin, 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

Malone, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Morrisette, 

Mulkey, 

Norwood, 

Gates, 

O'Neal  ( Lauderdale ) , 

O'Neill  (Jefferson), 

Opp, 

Palmer, 

Phillips, 

Porter, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

Sam  ford, 

Sanford, 

Sentell, 


Constitutional  Convention. 


333 


Selheimer, 
•Smith,  Mac.  A., 
Smith,  Morgan  M., 
Spragins, 

Stewart, 

Tayloe, 


Messrs.  President, 

Almon, 

Altman, 

Bartlett, 

Beddow, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Davis  (Etowah), 

Foshee, 

Foster, 

Freeman, 

Grayson, 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Hood, 

Jenkins, 

Jones  (Bibb), 

Kyle, 

Ledbetter, 

Long  (JButler), 

Long  (Walker), 


Vaughan, 

Weakley, 

White, 

Williams  ( Marengo ) , 

>Alnn — 76. 


NAYS 

McMillan  (Wilcox), 

Martin, 

Moody, 

Murphree, 

NeSmith, 

O'Rear, 

Parker  (Cullman), 

Parker  ( Elmore ) , 

Pearce, 

Pettus, 

Pillans, 

Proctor, 

Reese. 

Renfro, 

Reynolds  ( Chilton ) , 

Rogers  (Lowndes), 

Sanders, 

Searcy, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Sorrell, 

Studdard, 

Thompson, 

Waddell, 

Walker, 

Watts, 

Weatherly, 

Whiteside, 

Willett, 

Williams  ( Barbour ) , 

Williams  (Elmore), 

Wilson  (Clarke). 

AVilson  (Washington) — 08. 


334 


Journal  of  Alabama 


Mr,  Samford  moved  the  adoption  of  Section  20,  as 
amended,  and  called  for  the  previous  question.  The 
previous  question  was  ordered. 

Mr.  Brooks  moved  that  Section  20  and  the  amend- 
ments be  laid  upon  the  table. 

The  yeas  and  nays  were  demanded,  and  the  call  was 
sustained,  and  the  motion  of  Mr.  Brooks  was  lost. 


YEAS. 


Messrs.  President. 

Almon, 

Bartlett, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Byars, 

Cardon, 

Carmichael  (Coffee), 

Case, 

Davis  (Etowah), 

Eley, 

Foshee, 

Porter, 

Grayson, 

Greer  (Calhoun), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Hood, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Kyle, 

Long  (Butler), 

Long  (Walker), 

:\rcMillan  (Wilcox), 

Martin, 


Miller  (Marengo), 

Moody, 

NeSmith, 

Gates, 

O'Rear, 

Parker  ( Cullman ) , 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Proctor, 

Reese. 

Renfroe, 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Sanders, 

Searcy, 

Sen  tell, 

Sloan, 

Smith  (Mobile), 

Sorrell, 

Thompson, 

Waddell, 

Walker, 

Watts, 

Whiteside, 

Willett, 

Williams  (Elmore), 

Wilson  (Clarke), 

Wils(.n  (AVashi.igton)— GL 


Constitutional  Convention. 


335 


NAYS. 


Messrs.  Altman, 

Ashcraft, 

Barefield, 

Beavers, 

Beddow, 

Betliune, 

Blackwell, 

Boone, 

Carnathon, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Dent, 

deGraffenried, 

Duke, 

Espy, 

Ferguson, 

Fletcher, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Talladega ) . 

Grant, 

Greer  (Perry), 

Handley, 

Henderson, 

Hodges, 

Howell, 

Howze, 

Inge, 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 


Knight, 

Ledbetter, 

j.eigh, 

Lockliu, 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin). 

Mai  one. 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Morrisette, 

Mulkey, 

^lurphree, 

Norman, 

Norwood, 

O'Neal  (Lauderdale),. 

O'Neill  (Jefferson), 

Opp, 

Palmer, 

Porter, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

Samford, 

Sanford, 

Selheimer, 

Smith,  Mac.  A  , 

Smith,  Morgan  M., 

Spragins, 

Stewart, 

Tayloe, 

Vaughan, 

Weaklev, 

White, " 

Williams  (Barbour), 

Williams  (Marengo) ^ 

Winn— 79. 


336  Journal  of  Alabama 

The  question  then  recurred  upon  the  motion  of  Mr. 
Samford  to  adopt  Section  20,  as  amended.  The  motion 
of  Mr.  Samford  prevailed,  and  Section  20,  as  amended, 
was  adopted. 

Mr.  Pettus  moved  to  reconsider  the  vote  by  which 
Section  20  was  adopted,  and  liave  notice  that  on  to-mor- 
ix>w  he  woukl  call  up  said  motion  for  a  reconsideration 
of  the  vote  by  which  section  20  and  the  amendments 
thereto  were  adopted. 

SECTION  TWENTY-ONE, 

Sec.  21.  No  person  shall  be  eligible  to  the  office  of 
Secretary  of  State,  State  Treasurer,  State  Auditor, 
Superintendent  of  Education,  Attorney  General,  or 
Commissioner  of  Agriculture  and  Industries,  unless  he 
shall  have  been  a  citizen  of  the  United  States  at  least 
seven  years,  and  shall  have  resided  in  this  State  at  least 
five  years  next  preceding  his  election,  and  shall  be  at 
least  twenty-five  years  old  when  elected. 

Was  read  at  length. 

Mr.  Gates  offered  the  following  amendment,  which 
Avas  vend  at  length : 

Amend  Section  21  by  striking  out  the  word  "State" 
where  it  occurs  before  the  words  Auditor  and  Treasurer. 

J^Ir.  Jones,  of  Montgomery,  moved  to  table  the  amend- 
ment otTered  by  Mr.  Gates.  The  motion  of  Mr.  Jones, 
of  Montgomery,  prevailed,  and  the  amendment  of  Mr. 
Gates  was  laid  upon  the  table. 

Mr.  Chapman  offered  the  following  amendment,  which 
was  read  at  length : 

Amend  Section  21  by  striking  out  the  word  ''twenty- 
five"  in  the  fifth  line,  and  inserting  therein  the  woi'd 
"thirty." 

Mr.  Jones,  of  Montgomery,  moved  to  table  the  amend- 
ment otfere<l  l)y  Mr.  Chapman. 

The  motion  prevailed,  and  the  amendment  was 
tabled. 

^fr.  Samford  moved  that  Section  21  be  adopted. 

The  motion  prevailed,  and  Section  21,  as  amended, 
was  adopted. 


Constitutional  Convention.  337 

section  twenty-two. 

Sec.  22.  There  shall  be  a  Great  Seal  of  State,  \yhich 
shall  be  used  officially  by  the  Governor,  and  the  Seal 
now  in  use  shall  continue  to  be  used,  until  another  shall 
have  been  adopted  by  the  General  Assembly.  Said  seal 
shall  be  called  The  Great  Seal  of  the  State  of  Alabama. 

Was  read  at  length. 

Mr.  Jones,  of  Montgomery,  chairman,  acting  for  the 
committee,  offered  the  following  substitute  for  Section 
22,  which  was  read  at  length : 

Sec.  22.  Commemorative  of  the  heroism  of  Emma 
Sanson,  the  Great  Seal  of  the  State,  which  shall  be  used 
officially  by  the  Governor,  shall  consist  of  the  figure  of 
an  officer  on  horseback,  fully  armed,  and  a  young  woman 
seated  behind  him,  with  her  left  hand  pointing  forward; 
and  the  legend  "I  will  show  you  the  way."  The  Seal 
shall  be  called  the  Great  Seal  of  the  State  of  Alabama. 

Messrs.  Sam  ford  and  Martin  addressed  the  Conven- 
tion at  length  in  favor  of  the  substitute. 

Mr.  Robinson  offered  the  following  amendment  to  the 
amendment  offered  by  the  committee,  which  was  read  at 
length : 

Substitute  for  the  amendment  to  Section  22,  reported 
by  the  Committee  on  Executive  Department,  "Com- 
memorative of  the  origin  of  the  name  of  the  State  of 
x4.1abama,  the  Great  Seal  of  the  State,  which  shall  be 
used  officially  by  the  Governor,  shall  consist  of  the 
figure  of  an  Indian  Chief  followed  by  a  small  band  of 
warriors,  who,  in  crossing  a  beautiful  meadow,  as  he 
approaches  the  bank  of  a  river,  thrusts  his  spear  into  the 
earth,  with  the  words  inscribed  on  the  scroll  above  his 
head,  "Here  we  rest."  The  said  Seal  shall  be  called  the 
Great  Seal  of  Alabama," 

Pending  the  further  consideration  of  the  substitutute 
and  amendment  for  Section  22  the  hour  of  1  o'clock  p. 
ni.  arrived,  but  before  adjournment  the  President  of 
the  Convention  read  the  following  communication  from 
the  President  of  the  Constitutional  Convention  of  the 
State  of  Virginia: 


338  .    Journal  of  Alabama 

State  Oapitol,  Eichmond,  Va.,  June  19,  1901. 

The  President  and  Delegates  of  the  Consttutional  Con- 
ventiou  of  the  State  of  Alabama: 

The  Commouwealtli  of  Virginia,  through  her  repre- 
sentatives in  Convention  assembled,  sends  cordial  greet- 
ings to  the  President  and  members  of  the  Constitutional 
Convention  of  Alabama,  now  sitting  at  Montgomery, 
Alabama  and  Virginia  have  long  been  bound  together 
by  the  -strongest  and  closest  ties  of  interest  and  affection. 
The  people  of  the  two  Commonwealths  are  animated  by 
the  same  hopes,  and  the  same  aspirations.  In  acknowl- 
edging the  courtesy  of  your  message,  we  beg  leave  to  ex- 
press the  earnest  hope  that  in  the  wise  and  just  determi- 
nation of  the  momentous  questions  now  under  considera- 
tion, we  may  not  only  establish  the  peace  and  prosperity 
of  our  respective  States,  but  contribute  to  the  general 
welfare  of  our  common  country,  and  the  good  of  man- 
kind, thus  justifying  the  confidence  of  our  constituents 
and  the  reasonable  hopes  of  our  countrymen. 

Very  respectf u lly, 

John  Goode, 

President  Constitutional  Convention. 

11 :48  a.  m. 

^Ir.  Keese  moved  that  the  communication  be  spread 
upon  the  Journal  of  the  Convention,  and  the  motion 
prevailed. 

AD.JOURNMENT. 


Under  the  rules,  the  Convention  adjourned  until  10' 
o'clock  on  to-morrow. 


Constitutional  Convention.  339 

TWENTY-FIFTH  DAY. 

Montgomery,  Ala.,  Thursday,  June  20,  1901. 

Convention  Hall. 

The  Convention  met  pursuant  to  adjournment. 
Pra3'er  was  offered  by  Rev.  Mr.  Murphy  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constitute  a 
quorum : 


Messrs.  President, 

Almon, 

Ashcraft, 

Banks, 

Barelield, 

Beavers, 

Beddow, 

Bethune, 

Blaekwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Byars, 

Cardon, 

Carmiehael  (Colhert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 


Craig, 

Davis  (DeKalb), 
Davis  (Etowah), 
Dent, 

deGraffenried, 
Duke, 
Eley, 
Espy, 
Ferguson, 
Fitts, 
Fletcher, 
Foshee, 
Foster, 
Freeman,, 
Gilmore, 
Glover, 

Graham  ( Montgomery ) , 
Graham  (Talladega), 
Grant, 
Grayson, 

Greer  (Calhoun), 
Greer  (Perry), 
Haley, 
Handley, 
Harrison, 
Heflin  (Chambers), 


340 


Journal  of  Alabama 


Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 
Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldmn), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSraith, 

Norman, 


Norwood, 

Oates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Renfro, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  ( Lowndes ) , 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard,  \ 

Tayloe, 

Thompson, 

Vaughan, 


Constitutional  Convention.  341 

Waddell,  Williams  (Barbour), 

Walker,  Williams  (Marengo), 

Watts,  Williams  (Elmore), 

Weakley,  Wilson  (Clarke), 

Weatherly,  Wilson  (Washington). 

White,     "  Winn— 147. 
Whiteside, 

report  of  journal  committee. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  twenty- 
fourth  day  of  the  Convention,  and  that  the  same  is  cor- 
rect. 

John  F.  Proctor^  Chairman. 

The  report  of  the  committee  was  concurred  in. 

RESOLUTIONS. 

The  following  resolution  was  offered : 

Eesolution  171,  by  Mr.  Sanders : 

Resolved,  That  this  Convention  extends  hearty  greet- 
ings to  the  Alabama  Press  Association,  now  in  session 
in  Montgomery,  and  herebj^  expresses  its  appreciation 
of  the  efforts  which  the  State  press  has  constantly  put 
forth  in  behalf  of  the  Constitutional  Convention  in  Ala- 
bama. We  realize  that  it  is  through  the  instrumentality 
of  the  press,  the  county  weekly  and  the  daily,  that  we 
should  be  able  to  reach  the  people,  and  that  th-e  future 
political  destiny  of  Alabama  is  largely  in  the  hands  of 
the  newspapers  of  the  State.  We  herel)y  express  the 
hope  that  the  labors  of  this  Convention  shall  be  so  char- 
acterized by  wisdom,  and  courage,  as  to  command  the 
unqualified  endorsement  and  support  of  the  press  of  Ala- 
bama. 

Mr.  Sanders  moved  that  the  rules  be  suspended,  and 
that  the  resolution  be  put  upon  its  immediate  passage. 

The  motion  prevailed. 


342  Journal  of  Alabama 

Mr.  Burns  offered  the  following  substitute  for  the 
resolution  171,  offered  by  Mr.  Sandere : 

Substitute  for  resolution  No.  171,  by  Mr.  Burns : 

Resolved,  That  this  Convention  recognize  and  appreci- 
ate the  ability,  loyalty,  and  influence  of  the  press  of  Ala- 
bama. 

That  those  champions  of  free  speech  and  religious 
liberty  who  may  be  in  this  city  are  extended  the  courte- 
sies of  the  floor. 

Mr.  Greer,  of  Perrry,  moved  to  table  the  resolution 
171,  and  the  substitute  offered  by  Mr.  Burns.     - 

The  motion  was  lost. 

Mr.  Sanders  moved  to  table  the  substitute  offered  by 
Mr.  Burns. 

The  motion  prevailed,  and  the  substitute  was  laid 
upon  the  table. 

Mr.  Burnett  offered  the  following  amendment  to  the 
resolution  171 : 

Amend  by  striking  out  the  following: 

We  hereby  express  the  hope  that  the  labors  of  this 
Convention  shall  be  so  characterized  by  wisdom  and 
courage  as  to  command  the  unqualified  endorsement  and 
support  of  the  press  of  Alabama. 

Mr.  Sanders  moved  to  table  the  amendment  offered  by 
Mr.  Burnett. 

The  motion  to  table  prevailed,  and  the  amendment 
was  laid  upon  the  table,  and  on  motion  the  resolution 
171  was  adopted. 

RECONSIDERATION. 

ISlr.  Pettus  moved  that  the  vote  by  which  Section  20 
of  the  ordinance  "to  create  and  define  the  Executive  De- 
partment" was  adopted  be  reconsidered,  notice  of  said 
motion  having  been  given  on  yesterday. 

The  motion  to  reconsider  prevailed.  Yeas.  70 ;  navs, 
63. 


Constitutional  Convention. 


343 


YEAS. 


Messrs.  President, 

Almon, 

Bartlett, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Cornwell, 

Davis  (Etowah), 

Eley, 

Foshee, 

Foster, 

Freeman, 

Graham  (Montgomery), 

Grayson, 

Greer  ( Calhoun ), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Hood, 

Jackson, 

Jenkins, 

Knight, 

Kyle, 

Ledbetter, 

Long  (Butler), 

Long  (Walker), 


McMillan  (Wilcox), 

Miller  (Marengo), 

Moody, 

Murphree, 

NeSmith, 

Gates, 

O'Neill  (Jefferson), 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pitts, 

Proctor, 

Reese, 

Renfro, 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Sanders, 

Searcy, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Sorrell, 

Studdard, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weatherly. 

Whiteside, 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  ( Washington )  — 70, 


344 


Journal  of  Alabama 


NAYS 


Messrs.  Banks, 

Macdonald, 

Barefleld, 

McMillan  (Baldwin)^ 

Beddow, 

Mai  one. 

Bethune, 

Martin, 

Blackwell, 

Maxwell, 

Chapman, 

Merrill, 

Cobb, 

:Miller  (Wilcox), 

Gofer, 

Morrisette, 

Coleman  (Greene), 

Mulkey, 

Craig, 

Norman, 

Davis  (DeKalb), 

Norwood, 

Dent, 

O'Neal  (Lauderdale),. 

deGraffenried, 

Opp, 

Duke, 

Phillips, 

Espy, 

Reynolds  (Henry), 

Fletcher, 

Robinson, 

Gilmore, 

Rogers  (Sumter), 

Glover, 

Sam  ford. 

Graham  (Talladega), 

Sanford, 

Handley, 

Selheimer, 

Henderson, 

Smith,  Mac.  A., 

Hodges, 

Smith,  Morgan  M., 

Howze,  . 

Spears,            - 

Inge, 

Spragins, 

Jones  (Bibb), 

Stewart, 

Jones  (Hale), 

Tayloe, 

Jones  (Montgomery), 

Weaklev, 

Jones  (Wilcox), 

White,  "^ 

Kirk, 

Williams  (Barbour), 

Leigh, 

Williams  (Marengo). 

Locklin, 

Winn     63. 

ANNOUNCEMENT  OF  PAIRS. 


The  following  pairs  were  announced  on  the  recon- 
sideration of  the  vote  by  which  Section  20  of  the  ordi- 
nance "To  create  and  define  the  Executive  Department"^ 
was  adopted : 

Messrs.  Boone  and  Cunningham.  Mr.  Boone  would 
vote  aye  and  Mr.  Cunningham  would  vote  nay. 


Constitutional  Convention. 


345. 


Messrs.  Carmichael,  of  Colbert,  and  Asheraft.  Mr. 
Carmichael,  of  Colbert,  would  vote  aye,  and  Mr.  Ash- 
craft  would  vote  nay. 

Messrs.  Willett  and  Pillans.  Mr.  Willett  would  vote 
aye,  and  Mr.  Pillans  would  vote  nay. 

section  t>venty. 

Mr.  Pettus  moved  to  table  Section  20  of  the  ordinance 
"To  create  and  define  the  Executive  Department." 
The  motion  to  table  prevailed.    Yeas,  70 ;  nays,  65. 


YEAS. 


Messrs.  President, 

Almon,  i 

Bartlett, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Cornwell, 

Davis  (Etowah), 

deGraffenried, 

Eley, 

Foshee, 

Foster, 

Freeman, 

Graham  ( Montgomery ) , 

Grayson, 

Greer  (Calhoun), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 


Hinson, 

Hood, 

Jackson, 

Jenkins, 

Knight, 

Kyle, 

Ledbetter, 

Long  (Butler), 

Long  (Walker), 

McMillan  (Wilcox), 

Martin, 

Miller  (Marengo), 

Moody, 

NeSmith, 

Gates, 

O'Neill  (Jefferson), 

O'Rear, 

Palmer, 

Parker  (Cullman)^ 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, ' 

Reese, 


346 


Journal  of  Alabama 


Ken  fro, 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Sanders, 

Searcy, 

Sentell, 

Sloan, 

Sorrell, 


Studdard, 

Thompson, 

Waddell, 

Watts, 

Weatherly, 

Whiteside, 

Wilson  (Clarke) 

Wilson  ( Washington )  — 70. 


NAYS. 


Messrs.  Banks, 

Barefield, 

Beddow, 

Bethune, 

Blackwell, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Craio" 

Davis  (DeKalb), 

Dent, 

Duke, 

Espy, 

Fletcher, 

Gilmore, 

Glover, 

Graham  (Talladega), 

Grant, 

Handley, 

Henderson, 

Hodges, 

Howell, 

Howze, 

Inge, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Tvirk, 


Leigh, 

Locklin, 

Macdonald, 

McMillan  (Baldwin), 

Malone, 

Maxwell, 

^lerrill. 

Miller  (Wilcox), 

Morrisette, 

Mulkey, 

^liirphree, 

Norman, 

Norwood, 

O'Neal  (Lauderdale), 

Opp, 

Phillips, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

Samford, 

Sanford, 

Selheimer, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Spears, 

Stewart, 

Tayloe, 

Vaughan, 

Walker, 


Constitutional  Convention.  347 

Weakley,  Williams  (Marengo), 

White,  Winn — 65. 

Williams  (Barbour), 

ANNOUNCEMENT  OF  PAIRS. 

The  following'  pair  was  announced  on  the  question 
iibove  set  out : 

Messrs.  ^AHliams,  of  Elmore,  and  Spragins.  Mr.  Wil- 
liams, of  Elmore,  would  vote  aye,  and  Mr.  Spragins 
would  vote  nay. 

notice  of  reconsideration. 

Mr.  deGraffenried  gave  notice  that  at  the  proper  time 
on  to-morrow  he  would  move  a  reconsideration  of  the 
vote  by  which  Section  20  of  the  ordinance  "To  create 
and  detine  the  Executive  Department"  was  laid  upon  the 
table. 

report  of  standing  committees. 

Mr.  Fletcher,  chairman  of  the  Committee  on  Banks 
and  Banking,  submitted  the  following  report,  which  was 
laid  upon  the  table  for  a  third  reading,  and  300  copies 
of  said  report  were'ordered  printed. 

REPORT  OF  COMMITTEE  ON  BANKS  AND  BANKING. 

Mr.  President: 

The  Committee  on  Banks  and  Banking  have  instructed 
me  to  make  the  following  report,  viz. : 

They  have  examined  all  the  ordinances  and  resolutions 
submitted  to  them,  and  without  passing  upon  them 
separately,  will  say  the}^  have  embraced  the  substance 
of  some  of  them  in  the  article  herewith  submitted. 

That  they  have  adopted  the  entire  subdivision  on 
Banks  and  Banking  as  it  appears  in  Article  XIV  of  the 
Constitution,  with  Section  8  added. 

A.  S.  Fletcher, 

Chairman  on  Banks  and  Bankinjr. 


348  Journal  of  Alabama 

AKTICLE  XIV. 

Sec.  1.     Subdivision  Banks  and  Banking. 

Tlie  General  Assembly  shall  not  have  the  power  to 
establish  or  incorporate  any  bank  or  banking  company 
or  mone}^  institution,  for  the  purpose  of  issuing  bills  of 
credit,  or  bills  payable  to  order  or  bearer,  except  under 
the  conditions  prescribed  in  this  Constitution. 

Sec.  2.  No  bank  shall  be  established  otherwise  than 
under  a  general  banking  law,  nor  otherwise  than  upon 
a  specie  basis. 

Sec.  3.  All  bills  or  notes  issued  as  money  shall  be  at 
all  times  redeemable  in  gold  or  silver,  and  no  law  shall 
be  passed  sanctioning,  directly  or  ndirectl}^,  the  sus- 
pension of  any  bank  or  banking  company  of  specie  pay- 
ment. 

Sec.  4.  Holders  of  bank  notes  and  depositors  who 
have  not  stijiulated  for  interest,  shall,  for  such  notes  and 
deposits,  be  entitled  in  case  of  insolvency,  to  the  prefer- 
ence of  payment  over  all  other  creditors. 

Sec.  5.  Every  bank  or  banking  company  shall  be  re- 
quired to  cease  all  banking  operations  within  twenty 
years  from  the  time  of  its  organization  ( unless  the  Gen- 
eral Assembly  shall  extend  the  time),  and  promptly 
thereafter  close  its  business;  but  shall  have  corporate 
capacity  to  sue,  and  shall  be  liable  to  suits  until  its  af- 
fairs and  liabilities  are  fullj  closed. 

Sec.  6.  No  banks  shall  receive,  directly  or  indirectly, 
a  greater  rate  of  interest  than  shall  be  allowed  by  law 
to  individuals  for  lending  money. 

Sec.  7.  The  State  shall  not  be  a  stockholder  in  any 
bank,  nor  the  credit  of  the  State  ever  be  given,  or  loaned, 
to  any  banking  company,  association  or  corporation. 

Sec.  8.  The  General  Assembly  shall,  by  appropriate 
laws,  provide  for  the  examination  by  some  public  officer, 
of  all  banks  and  banking  institutions  and  trust  com- 
panies engaged  in  banking  business  in  this  State. 

UNFINISHED  BI'SINESg. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  ordinance  "To^ 


Constitutional  Convention.  349 

create  and  define  the  Executive  Department,"  reported 
by  the  Committee  on  Executive  Department. 

The  question  was  upon  the  amendment  offered  by  Mr. 
Eobinson  to  the  substitute  reported  by  the  committee 
for  Section  22  of  said  ordinance,  as  follows : 

Sec,  22.  To  commemorate  the  origin  of  the  name  of 
the  State  of  Alabama,  the  Great  Seal  of  the  State  which 
shall  be  used  ofiicially  b}^  the  Governor,  shall  consist  of 
the  figure  of  an  Indian  Chief  followed  \w  a  small  band 
of  warriors,  who,  in  crossing  a  beautiful  meadow,  as 
he  approaches  the  bank  of  a  river,  thrusts  his  spear  into 
the  earth;  with  the  words  inscribed  on  a  scroll  above 
his  head :  ''Here  we  rest."  The  said  Seal  shall  be  called 
the  "Great  Seal  of  the  State  of  Alabama." 

Mr.  Boone  moved  to  table  the  substitute,  and  the 
amendment. 

The  motion  to  table  prevailed. 

Mr.  Spragins  offered  the  following  substitute  for  Sec- 
tion 22,  of  the  said  ordinance : 

To  substitute  for  Section  22  the  following : 

Typical  of  the  resources  of  the  State  of  Alabama,  the 
Great  Seal  of  the  State,  which  shall  be  used  officially 
by  the  Governor,  shall  be  the  old  seal  used  until  1875, 
with  addition  to  indicate  the  mineral  as  well  as  the 
agricultural  resources  of  the  State,  its  rugged  mountains, 
fertile  plains  and  beautiful  rivers,  and  that  the  Legis- 
lature shall  name  a  commission  to  design  said  seal  on 
these  lines,  and  when  approved  by  the  Legislature,  it 
shall  be  the  Great  Seal  of  the  State  of  Alabama. 

Mr.  O'Neal,  of  Lauderdale,  moved  that  the  substitute 
offered  by  Mr.  Spragins  be  tabled. 
"  The  motion  to  table  prevailed. 

Mr.  deGraffenried  moved  that  Section  22,  "There 
shall  be  a  Great  Seal  of  State,  which  shall  be  used  offi- 
cially by  the  Governor,  and  the  Seal  now  in  use  shall 
continue  to  be  used  until  another  shall  have  been 
adopted  by  the  General  Assembly.  Said  Seal  shall  be 
called  the  Great  Seal  of  the  State  of  Alabama,  as  re- 
ported by  the  committee,  be  adopted. 

The  motion  prevailed,  and  Section  22,  as  above  set 
out,  was  adopted. 


350  Journal  of  Alabama 

report  of  committee  on  executive  department. 

Mr.  Jones,  of  Montgomery,  chairman  of  the  Commit- 
tee on  Execntive  Department,  snbmitted  the  following- 
report : 

Mr.  President : 

The  Committee  on  Executive  Department  instructs- 
nie  to  report  the  following  substitute  for  Section  4  of 
the  ordinance  ''To  create  and  define  the  Executive  De- 
partment," and  the  pending  amendments,  to-wit : 

Strike  out  Section  4  as  it  now  stands,  and  insert  in 
lieu  thereof  the  following  words: 

Sec.  Jr.  The  returns  of  every  election  for  Grovernor,. 
Lieutenant  Grovernor,  Secretary  of  State,  State  Auditor, 
State  Treasurer,  Attorney  General,  Superintendent  of 
Education,  and  Commissioner  of  Agriculture  and  In- 
dustries, shall  be  sealed  up  and  transmitted  by  the  re- 
turning officers  to  the  seat  of  government,  directed  to 
the  Speaker  of  the  House  of  IJepresentatives,  who  shall, 
during  the  first  week  of  the  session  to  which  said  re- 
turns shall  be  made,  open  and  publish  them  in  the  pres- 
ence of  botl)  Houses  of  the  Ceneral  Assembly,  in  joint 
convention.  The  joint  convention  shall  supervise  and 
control  the  Speaker  in  the  discharge  of  this  duty,  and 
has  power :  First,  to  determine  whether  the  returns  are 
in  legal  form,  made  by  the  proper  officers,  and  truly 
give  the  results  as  ascertained  and  declared  by  the 
Board  of  Supervisors  in  the  several  counties.  Second, 
to  con-ect  such  errors  as  may  lie  found  therein.  Third, 
to  procure  proper  returns,  when,  for  any  cause,  re- 
turns from  any  county  have  failed  to  reach  the  Speaker. 
The  joint  convention  shall  have  no  power  to  question 
the  returns  as  to  any  other  matter,  or  in  any  other  re- 
spect. The  jierson  found  to  have  the  highest 'numl)er  of 
votes  for  either  of  said  offices  vshall  be  declared  duly 
elected;  but  if  two  or  more  persons  shall  have  an  equal 
and  the  highest  number  of  votes  for  the  same  office,  the 
General  Assembly,  by  joint  vote,  without  <lelay,  shall 


Constitutional  Convention.  351 

choose  one  of  said  persons  for  said  office.  Contested  elec- 
tions for  Governor,  Lieutenant  Governor,  Secretary  of 
State,  State  Auditor,  State  Treasurer,  Attorney  Gen- 
eral, Superintendent  of  Education,  and  Commissioner 
of  Agriculture  and  Industries,  shall  be  determined  by 
both  Houses  of  the  General  Assembly  in  such  manner 
as  may  be  prescribed  by  law. 

The  committee  recommends  the  adoption  of  the  sub- 
stitute. 

Thomas  G.  Jones^  Chairman. 

Mr.  President: 

The  Committee  on  Executive  Department  report  fav- 
orably upon  resolution  No.  151,  and  direct  me  to  report 
it  back  to  the  Convention,  with  the  recommendation 
that  it  be  adopted. 

Thomas  G.  Jones^  Chairman. 

The  resolution  AA'as  read  at  length  as  follows : 
Eesolution  151,  by  Mr.  O'Neal,  of  Lauderdale : 

Resolved  by  the  people  of  Alabama,  in  Convention  as- 
sembled. That  it  is  the  sense  of  this  Convention  that  the 
General  Assembly  of  Alabama  should,  at  its  first  meet- 
ing after  the  ratification  of  this  Constitution,  fix  the 
salary  of  the  Governor  of  Alabama  at  five  thousand  dol- 
lars per  annum;  provided,  the  same  can  be  done  with- 
out an  increase  of  taxation  in  this  State. 

]Mr.  Spragins  moved  to  table  the  resolution  151,  re- 
ported favorably  by  the  Committee. 

The  motion  to  table  was  lost.    Yeas,  19;  nays,  87. 

YEAS. 

Messrs.  Almon,  Cardon, 

Barefield,  Carnathon, 

Bartlett,  Case, 

Browne,  Chapman, 

Bulger,  Coleman  (Greene), 

Burns,  Cornwell, 

Byars,  Davis  (DeKalb), 


352 


Journal  of  Alabama 


Fletcher, 

Poshee, 

Freeman, 

Glover, 

Grayson, 

Greer  (Perry), 

Haley, 

Handley, 

Heflin  (Chambers), 

Hendsrson, 

Jenkins, 

Kirk, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Lawrence), 

Moody, 

Morrisette, 

Murphree, 


Messrs.  President, 

Ashcraft, 

Banks, 

Beavers, 

Beddow, 

Betlmne, 

Blackwell, 

Boone, 

Brooks, 

Burnett, 

Cobb, 

Cofer, 

Craig, 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Espy, 

Fitts, 

Foster, 


Ne  Smith, 

Parker  (Elmore), 

Pearce, 

Phillips, 

Porter, 

Proctor, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Sentell, 

Sloan, 

Spears, 

Spragins, 

Studdard, 

Thompson, 

Whiteside, 

Williams  (Barbour), 

Williams  (Elmore) — 19. 


NAYS 

Gilmore, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Harrison, 

Heflin  (Randolph), 

Hinson, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  ( Montgomery ) , 

Jones  (Wilcox), 

Knight, 

Kyle, 

Ledbetter, 

Leigli,  • 

Lock!  in, 

Lomax, 


Constitutional  Convention. 


353 


Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  ( Marengo ) , 

Miller  (Wilcox), 

Mulkey, 

Norman, 

Norwood, 

Gates, 

O'Neal  ( Lauderdale ) , 

Opp, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Pillans, 

Pitts, 

Keese, 

Renfro, 


Kobinson, 

Kogers  (Lowndes), 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

Sanford, 

Searcy, 

Sellieimer, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

White, 

Williams  (Marengo), 

Wilson  (Clarke), 

AVilson  (Washington), 

Winn — 87. 


Mr.  Coleman,  of  Greene,  offered  the  following  amend- 
ment to  the  resolution : 

By  Mr.  Coleman,  of  Greene: 

Moved  to  amend  the  resolution  by  striking  out  the 
words  at  the  end  of  the  resolution  "if  it  can  be  done 
without  an  increase  of  taxation"  and  the  substitution 
therefor  the  following  words :  "If  in  the  discretion  of 
the  Legislature  it  is  for  the  best  interest  of  the  State  of 
Alabama." 

^Ir.  Beddow  moved  to  table  the  amendment  offered 
by  ]Mr.  Coleman,  of  Greene. 

The  motion  to  table  was  lost.     Yeas,  70 ;  nays,  71. 


YEAS. 


Messrs.  President, 

Banks, 

IBeddow, 


2.3 


Bethune, 

Boone, 

Brooks, 


354 


Journal  of  Alabama 


Burnett, 

Cobb, 

Craig, 

Dent, 

deGraft'enreid, 

Duke, 

Eley, 

Espy, 

Ferguson, 

Pitts, 

Foster, 

Gilmore, 

Graham  ( Montgomery ) , 

Graham  ( Talladega ) , 

Grant, 

Heflin  (Chambers), 

Heflin  (Kandolph), 

Hinson, 

Hood, 

Howell, 

Howze, 

Inge,    • 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kyle, 

Ledbetter, 

Leigh. 

Ijocklin, 

Lomax, 

Lowe  (Jefferson), 


Macdonald, 

McMillan  ( Baldwin  >, 

McMillan  (Wilcox), 

Malone, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Mulkey, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Parker  (Cullman), 

Pitts, 

Proctor, 

Reese, 

Robinson, 

Rogers  (Lowndes), 

Samford, 

Sanders, 

Sanford, 

Sellieimer, 

Smith  (Mobile), 

Smitli,  Morgan  M., 

Tayloe, 

Waddell, 

Walker, 

Watts, 

White, 

Wilson  (Clarke), 

Wilson  (Washington) 


-70. 


NAYS. 


^lessii-s.  Almon, 

Ashcraft, 

Rarefield, 

Bartlett, 

Beavers, 

Blackwell, 


Browne, 

Bulger, 

Burns, 

Byars, 

Cardon, 

Carnathon,. 


Constitutional  Convention. 


3'55 


Case, 

Chapman, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Davis  (DeKalb), 

Davis  (Etowah), 

Fletcher, 

Foshee, 

Freeman, 

Glover, 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Henderson, 

Hodges, 

Jackson, 

Jenkins, 

Kirk, 

Knight, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Martin, 

Miller  (Marengo), 

Moody, 

Murphree, 

NeSmith, 


Opp, 

O'Kear, 

Palmer, 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Porter, 

Renfro, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Rogers  (Sumter), 

Searcy, 

Seutell, 

Sloan, 

Smith,  Mac.  A., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Thompson, 

Vaughan, 

AMiiteside, 

Williams  (Barbour), 

Williams  ( Marengo ) , 

Williams  (Elmore), 

WiQu--71. 


adjournment. 


Pending  the  further  consideration  of  the  amendment 
offered  by  Mr.  Coleman,  of  Greene,  the  hour  of  1  o'clock 
p.  m.  having  arrived,  the  Convention,  under  the  rules, 
adjourned  to  meet  at  10  o'clock  on  to-morrow. 


356  Journal  of  Alarama 

TWEXTY-SIXTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Friday,  June  21,  1091. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Eev.  Mr.  Murphy  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almon, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnelt, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 


Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gil  more. 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 


Constitutional  Convention. 


357 


Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

H  efli  11  ( Chambers ) , 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

HoAvell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  ( Montgomery) , 

Jones  (Wilcox), 

Kirk, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

INLaxwell, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Miilkev, 


Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

G'Neal  (Lauderdale), 

G'Neill  (Jefferson), 

Gpp, 

G'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce,, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Keese, 

Kenfro, 

lieynolds  ( Chilton )  ^ 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

San  ford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  ^[ac.  A. 

Smith,  Morgan  M. 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 


358  Journal  of  Alabama 

Tayloe,  Whiteside, 

Thompson,  Willett, 

Vaughan,  Williams  (Barbour), 

Waddell,  Williams  (Marengo), 

Walker,  Williams  (Elmore), 

Watts,  Wilson  (Clarke), 

Weakley,  Wilson  (Washington) — 146 
White, 

LEAVE   OF   ABSENCE 

Was  granted  to  Messrs.  Winn  for  to-day  and  to-mor- 
row; Eyster  for  yesterday;  Willett  for  yesterday;  Ait- 
man  for  yesterday,  to-day  and  to-morrow ;  Cimuingham 
for  yesterday;  Carmiehael,  of  Colbert,  for  yesterday  and 
to-day;  Bethune  for  to-morrow;  Coleman,  of  Walker, 
for  yesterday,  to-day  and  to-morrow;  Merrill  for  to-day; 
Jones,  of  Bibb,  for  to-morrow;  Waddell  for  to-morrow; 
Heflin,  of  Randolph,  for  to-morrow;  Burnett  for  to-mor- 
row; Long,  of  Butler,  for  to-morrow;  Stewart  for  Satur- 
day and  Monday;  Almon  for  to-morrow;  Davis,  of  Eto- 
wah, for  to-morrow;  Craig  for  Saturday  and  Monday; 
Williams,  of  Elmore,  for  to-moiTow;  Norwood  for  to- 
morrow; Foshee  for  to-morrow;  Inge  for  to-morrow. 

REPORT  OF   THE   COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  leave  to  report  that 
they  have  examined  the  Journal  for  the  twenty-fifth  day 
of  the  Convention,  and  found  the  same  to  be  correct. 

Eespectfully  submitted, 

John  F.  Proctor,  Ch a  inn  an. 

The  report  was  concurred  in. 

stenographic  report. 

Mr.  Ashcraft  called  the  attention  of  the  Convention 
to  certain  errors  in  the  stenographic  report  of  the  pro- 
ceedings of  yesterday. 


Constitutional  Convention.  359 

The  report  was  ordered  corrected. 

Messrs.  Cobb,  Coleman,  of  Greene,  and  Heflin,  of 
Chambers,  also  called  attention  to  certain  errors  in  the 
stenographic  report  of  the  proceedings  of  yesterday. 

The  report  was  ordered  corrected. 

COMMUNICATION. 

The  following  communication  was  read  to  the  Conven- 
tion: 

Montgomery,  Ala.,  June  21,  1901. 

To  Frank  y.  Julian,  Secretary  Constltuiional  Conven- 
tion, City : 

Sir :  Yours,  enclosing  resolution  No.  171,  of  the  Con- 
stitutional Convention,  was  duly  received.  The  resolu- 
tion was  read  to  the  Alabama  Press  Association,  and 
received  with  satisfaction.  I  was  instructed  to  extend 
thanks  for  the  handsome  recognition  of  this  Association 
by  a  Convention  which  will  rank  in  history  as  one  of 
the  most  important  that  ever  assembled  in  this  State. 

Nqvj  respectfully, 

J.  A.  ROUNTREE, 

Secretary  Alabama  Press  Association. 

REPORT   OF   STANDING   COMMITTEES. 

Mr.  Lomax,  chairman  of  the  Committee  on  Preamble 
and  Declaration  of  Rights,  submitted  the  follow  ing  re- 
port: 

REPORT  OF   THE   COMMITTEE   ON   PREAMBLE   AND   DECLARA- 
TION OF  RIGHTS. 

Mr.  President : 

The  Committee  on  Preamble  and  Declaration  of 
Rights  instructs  me  to  report  the  Preamble  and  Decla- 


360  Journal  of  Alabama 

ration  of  Rights  hereto  attached  for  adoption  by  this 
Convention.  The  committee  has  carefullY  examined  and 
considered  all  of  the  ordinances  referred  to  it,  and  has 
incorporated  the  principles  of  some  of  them  in  the  arti- 
cle herewith  reported.  A  large  number  of  them  have 
been  rejected  by  the  committee  because  it  was  believed 
that  the  great  and  essential  principles  of  liberty  em- 
bodied in  the  bill  of  liights,  being  as  they  are,  the  crys- 
talization  of  the  experience  of  centuries,  should  be  pre- 
served as  far  as  possible,  from  change  and  innovation. 
The  changes  which  have  been  made  in  the  present  article 
by  omission  of  certain  parts  thereof  have  been  made 
because  the  omitted  portions  were  not  properly  part 
and  parcel  of  a  solemn  statement  of  the  reserved  rights 
of  the  people  to  unequivocally  declare  which  is  the  aim 
and  purpose  of  the  Bill  of  Rights  of  the  Constitution  of 
our  State.  Some  of  the  ordinances  rejected  by  the  com- 
mittee failed  of  adoption  because  it  was  evident  that  the 
objects  sought  to  be  obtained  could  be  secured  by  legis- 
lative action,  and  that  hence  they  were  not  proper  mat- 
ters for  Constitutional  enactment.  The  few  sections  and 
parts  of  sections  added  by  your  committee  and  not  pro- 
posed by  any  ordinance  referred  to  it  were  adopted  be- 
cause in  the  judgment  of  the  committee  they  made 
more  clear  and  specific  and  gave  greater  emphasis  to 
those  rights  of  the  people  which  are  above  and  beyond 
the  general  powers  of  government. 

All  ordinances  referred  to  the  committee  are  here- 
with respectfully  returned. 

The  following  are  the  material  changes  reported : 

The  Preamble  has  been  shortened  merely  with  a  view 
of  conforming  to  the  practice  of  recent  Conventions,  all 
of  which  have  adopted  the  shorter  form  of  preamble. 

To  Section  5  of  the  Declaration  of  Rights  the  follow- 
ing words  have  been  added:  "No  law  shall  ever  be 
passed  to  curtail  or  restrain  the  liberty  of  speech  or  of 
the  press." 

To  Section  7  the  following  additicm  has  been  made:  A 
provision  fixing  in  the  Constitution  the  right  of  the  de- 
fendant to  testify  in  his  own  behalf  and,  also,  one  per- 


Constitutional  Convention.  361 

mitting'  a  motion  by  a  defendant  for  a  change  of  venue 
to  be  heard  and  determined  in  his  absence. 

In  (Section  9  the  named  misdemeanors  are  striclven 
out  and  the  words  "in  cases  of  misdemeanor"  are  in- 
serted. 

Tliere  is  added  in  Section  10  a  provision  that  in  cases 
fixed  by  law  the  trial  judge  may  discharge  a  jury  with- 
out the  consent  of  the  defendant. 

In  Secton  13  the  words  "for  libel"  are  inserted  in  the 
first  line  so  as  to  permit  the  truth  thereof  to  be  given 
in  evidence. 

Section  23  is  changed  by  prohibiting  the  General  As- 
sembly from  granting  any  exclusive  as  well  as  irrevo- 
cable, special  privileges  or  immunities,  and  providing 
that  all  franchises,  privileges  and  immunities  shall  be 
subject  to  revocation,  alteration  and  amendment. 

There  is  added  to  Section  27  a  provision  requiring 
the  General  Assembly  to  define  small  arms,  and  to  regu- 
late the  bearing  of  the  same. 

The  word  "right,"  as  applied  to  sutfrage,  is  stricken 
out,  and  the  word  ''privilege"  inserted. 

Section  35  is  stricken  out  as  having  no  place  in  a  Dec- 
laration of  Rights. 

Section  38  is  clianged  to  Section  37,  and  also  by  strik- 
ing out  the  prohibition  against  an  educational  or  prop- 
erty qualification  for  suffrage. 

Section  38  is  a  new  section,  prohibiting  the  exercise 
by  one  department  of  the  government  of  any  of  the 
functions  <»f  either  of  the  other  departments  thereof. 

Section  29  is  retained  as  in  the  present  Constitution, 
with  the  addition  of  a  Declaration  that  the  Rights  re- 
tained by  the  people  are  excepted  out  of  the  general 
powers  of  government,  and  shall  forever  remain  inviol- 
ate. 

/  Upon  some  of  the  sections  of  the  Declaration  of  Rights 
reported  herewith  the  members  of  the  committee  are  not 
unanimous,  and  the  dissenting  members  will  either  sub- 
mit minority  reports  or  reserve  liberty  of  action  when 
the  article  reported  is  taken  up  for  consideration  by  the 
Convention. 

Tennent  Lomax,  Chairman. 


862  •  Journal  of  Alabama 

AN  ORDINAI^CE 

Adopting  a  Preamble  and  Declaration  of  Rights  for 
the  Constitution  of  the  State  of  Alabama. 

Be  it  ordained  b}'  the  people  of  the  State  of  Alabama, 
in  Convention  assembled,  that  the  following  shall  be  the 
Preamble  and  Declaration  of  Rights  of  the  Constitution 
of  this  State : 

PREAMBLE. 

We,  the  people  of  the  State  of  Alabama,  in  Convention 
assembled,  in  order  to  establish  justice,  ensure  domestic 
tranquility  and  secure  the  blessings  of  liberty  to  our- 
selves and  our  posterity,  invoking  the  favor  and  guid- 
ance of  Almighty  Grod,  do  ordain  and  establish  the  fol- 
foling  Constitution  and  form  of  (Tovernment  for  the 
State  of  Alabama : 

ARTICLE  I. 

DECLARATION  OF  RIGHTS. 

That  the  great,  general  and  essential  principles  of 
liberty  and  free  government  may  be  recognized  and  es- 
tablished, we  declare: 

1.  That  all  men  are  equally  free  and  independent; 
that  they  are  endowed  by'their  Creator  with  eertain  in- 
alienable rights;  that  among  these  are  life,  liberty  and 
the  pursuit  of  happiness. 

2.  That  all  persons  resident  in  this  State,  born  in  the 
United  States,  are  naturalized,  or  who  shall  have  legally 
declared  their  intention  to  become  citizens  of  the  United 
States  are  hereby  declared  Citizens  of  the  State  of  Ala- 
l)ama,  possessing  equal  civil  and  political  rights. 

3.  That  all  political  i>ower  is  inherent  in  the  people, 
and  all  free  governments  are  founded  on  their  authority, 
and  instituted  for  their  benefit;  and  that  therefore,  they 
liave  at  all  times  an  inalienable  and.  indefeasible  right 
to  change  their  form  of  government  in  such  manner  as 
they  mav  deem  expedient. 


Constitutional  Convention.  368 

4.  That  no  religion  sliall  be  established  by  law;  that 
no  preference  shall  be  given  b}'  law  to  any  religious 
sect,  society,  denomination  or  mode  of  worship;  that  no 
one  shall  be  compelled  by  law  to  attend  any  place  of 
worship ;  nor  pay  any  tithes,  taxes  or  other  rate  for  the 
building  or  repairing  any  place  of  worship,  or  for  main- 
taining any  minister  or  ministry;  that  no  religious  test 
shall  be  required  as  a  qualification  to  any  office  of  pub- 
lic trust,  under  this  State;  'and  that  the  civil  rights, 
privileges  and  capacities  of  any  citizen  shall  not  be  in 
any  manner  affected  by  his  religious  principles. 

5.  No  law  shall  ever  be  passed  to  curtail  or  restrain 
the  liberty  of  speech  or  of  the  press ;  and  any  person  may 
speak,  write  and  publish  his  sentiments  on  all  subjects, 
being  responsible  for  the  abuse  of  that  liberty. 

6.  That  the  people  shall  be  secure  in  their  persons, 
houses,  papers  and  possessions  from  unreasonable  seiz- 
ure or  searches,  and  that  no  warrants  shall  issue  to 
search  any  place  or  to  seize  any  person  or  thing  without 
probable  cause,  supported  by  oath  or  affirmation. 

7.  That  in  all  criminal  prosecutions,  the  accused  has 
a  right  to  be  heard  by  himself  and  counsel  or  either ;  to 
demand  the  nature  and  cause  of  the  accusation ;  to  have 
a  copy  thereof;  to  be  cronfronted  by  the  witnesses 
against  him ;  to  have  compulsory  process  for  obtaining 
■witnesses  in  his  favor ;  to  testify  in  all  cases,  in  his  own 
behalf,  if  he  elects  so  to  do ;  and,  in  all  prosecutions  by 
indictment,  a  speedy,  public  trial,  by  an  impartial  jury 
of  the  county  or  district  in  which  the  offense  was  com- 
mitted ;  and  that  he  shall  not  be  compelled  to  give  evi- 
dence against  himself,  nor  be  deprived  of  life,  liberty 
or  property  but  by  due  process  of  law ;  but  the  General 
Assembly  ma}',  by  a  general  law,  provide  for  a  change 
of  venue  for  the  defendant  in  all  prosecutions  by  indict- 
inent,  and  that  such  change  of  venue  on  application  of 
the  defendant,  may  be  heard  and  determined  without  the 
pei"sonal  presence  of  the  defendant  so  applying  there- 
for. 

8.  That  no  person  shall  be  accused  or  arrested,  or 
detained  except  in  cases  ascertained  by  law,  and  accord- 
ing to  the  form  which  the  same  has  prescribed ;  and  no 


364  Journal  of  Alabama 

XJerson  shall  be  punished  but  by  virtue  of  a  law  estab- 
lished aud  promulgated  prior  to  the  olfense  and  legally 
applied. 

9.  That  no  person  shall,  for  any  indictable  offense, 
be  proceeded  against  criminally,  by  information,  except 
in  cases  arising  in  the  militia  and  volunteer  forces  when 
in  actual  service  or  by  leave  of  the  court,  for  misfeas- 
ance, misdemeanor,  extortion  and  oppression  in  office 
otherwise  than  is  provided  in  this  Constitution ;  provided 
that  in  cases  of  misdemeanor,  the  General  Assembly 
may,  by  law,  dispense  with  a  (Jrand  Jury,  and  author- 
ize such  prosecutions  and  proceedings  before  Justices 
of  the  Peace  or  such  other  inferior  courts  as  may  be  by 
law  established. 

10.  That  no  person  shall,  for  the  same  offense,  be 
twice  put  in  jeopardy  of  life  or  limb;  but  courts  may, 
for  reasons  fixed  by  law,  discharge  juries  from  the  con- 
sideration of  any  case,  and  no  person  shall  gain  any  ad- 
vantage by  reason  of  such  discharge  of  the  jury. 

11.  That  no  person  shall  l)e  barred  from  prosecuting 
or  defending  before  any  tribunal  in  this  State,  by  him- 
self or  counsel,  any  civil  cause  to  which  he  is  a  party. 

12.  That  tlie  right  of  trial  by  jury  shall  remain  in- 
violate. 

13.  That  in  all  prosecutions  for  libel  or  for  the  publi- 
cation of  papers  investigating  the  official  conduct  of. 
officers  of  men  in  public  capacity,  or  when  the  matter 
published  is  proper  for  public  information,  the  truth 
thereof  may  be  given  in  evidence;  and  that  in  all  indict- 
ments for  libel,  the  jury  shall  have  the  right  to  deter- 
mine the  law  and  the  facts  under  the  direction  of  the 
court. 

11.  That  all  courts  shall  be  open ;  and  that  every  per- 
son, for  any  injury  done  him,  in  his  lands,  goods,  person 
or  reputation,  shall  have  a  remedy  by  due  process  of  law ; 
and  right  and  justice  shall  be  administered  without 
sale,  denial  or  delay. 

15.  That  the  State  of  Alabama  shall  never  be  made 
a  defendant  in  any  court  of  law  or  equity. 

16.  That  excessive  fines  shall  not  be  imposed  nor 
cruel  or  unusual  punishments  inflicted. 


Constitutional  Convention.  365 

17.  That  all  persons  shall,  before  conviction,  be 
bailable  b}-  sufficient  sureties,  except  for  capital  offenses, 
when  the  proof  is  evident  or  the  presumption  j>reat ;  and 
that  excessive  bail  shall  not  in  any  case  be  required. 

18.  That  the  privilege  of  the  writ  of  Jtahcas  rorput^ 
shall  not  be  suspended  by  the  authorities  of  this  State. 

19.  That  the  treason  against  the  State  shall  consist 
only  in  levying  war  against  it,  or  aflhering  to  its  ene- 
mies, giving  them  aid  and  comfort;  and  that  no  i»erson 
shall  be  convicted  of  treason  except  on  the  testimon^y 
of  two  witnesses  to  the  same  overt  act,  or  his  confession 
in  open  court. 

20.  That  no  person  shall  be  attainted  of  treason  by 
the  General  Assembly;  and  that  no  conviction  shall  work 
corruption  of  blood  or  forfeiture  of  estate, 

21.  That  no  person  shall  be  imprisoned  for  debt. 

22.  That  no  power  of  suspending  laws  shall  be  exer- 
cised except  by  the  General  Assembl}'. 

23.  That  no  ex  post  facto  law,  or  any  law,  impairing 
the  obligation  of  contracts,  or  making  any  irrevocable 
or  exclusive  grants  of  special  privileges  or  immunities, 
shall  be  passed  by  the  General  Assembly;  and  every 
grant  of  a  franchise,  privilege  or  immunity,  shall  for- 
ever remain  subject  to  revocation,  alteration  or  amend- 
ment. 

21.  That  the  exercise  of  the  right  of  eminent  domain 
shall  never  be  aln-iged  nor  so  construed  as  to  prevent  the 
General  Assembly  from  taking  the  property  and  fran- 
chises of  incorporated  companies  and  subjecting  them 
to  public  use  the  same  as  individuals.  But  private  prop- 
erty shall  not  be  taken  or  applied  for  public  use,  unless 
just  compensation  be  first  made  therefor;  nor  shall  pri- 
vate property  be  taken  for  private  use  or  for  the  use  of 
corporations,  other  than  municipal,  without  the  consent 
of  the  owner;  provided,  however,  that  the  General  As- 
sembly may,  by  law,  secure  the  persons  or  corporations 
the  right  of  way  over  the  lands  of  other  persons  or  cor- 
porations, and  hy  general  laws  provide  for  and  regulate 
the  exercise  l)y  i^erson  and  corporation  of  the  rights 
herein  reserved;  but  just  compensation  shall,  in  all 
cases,  be  first  made  to  the  owner;  and,  provided  that  the 


366  Journal  of  Alabama 

rght  of  eminent  domain  shall  not  be  so  constinied  as  to 
allow  taxation  or  forced  subscription  for  the  benefit  of 
railroads  or  an^^  other  kind  of  corporation,  other  than 
municipal,  or  for  the  benefit  of  any  individual  or  as^ 
sociation. 

25.  That  all  navigable  waters  shall  remain  forever 
public  highways,  free  to  the  citizens  of  the  State,  and 
of  the  United  States,  without  tax,  impost  or  toll;  and 
that  no  tax,  toll,  impost  or  wharfage  shall  be  demanded 
or  received  for  the  owner  of  any  merchandise  or  com- 
modity for  the  use  of  the  shores,  or  any  wharf  erected 
on  the  shores,  or  in  or  over  the  waters  of  any  navigable 
stream,  unless  the  same  be  expressly  authorized  by  law. 

26.  That  the  citizens  have  a  right  in  a  peaceable  man- 
ner to  assemble  together  for  the  common  good,  and  to 
apply  to  those  invested  with  the  power  of  government 
for  redress  of  grievances  or  other  purposes,  by  petition, 
address  or  remonstrance. 

27.  That  every  citizen  has  a  right  to  bear  arms  in  de- 
fense of  himself  and  the  State;  and  it  shall  be  the  duty 
of  the  General  Assembly  to  define  by  law  small  arms, 
and  regulate  the  bearing  of  the  same. 

28.  That  no  standing  army  shall  be  kept  up  without 
the  consent  of  the  General  Assembly,  and  in  that  case, 
no  appropriation  for  its  support  shall  be  made  for  a 
longer  term  than  one  year;  and  the  military  shall,  in 
all  cases  and  at  all  times,  be  in  strict  subordination  to 
the  civil  power. 

29.  That  no  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  owner, 
nor  in  time  of  war  but  in  a  manner  to  be  prescribed  by 
law. 

30.  That  no  title  or  nobilty  or  hereditary  distinction, 
privilege  or  emolument,  shall  ever  be  granted  or  con- 
ferred in  this  State ;  and  that  no  office  shall  be  created, 
the  appointment  to  which  shall  be  for  a  longer  time  than 
during  good  behavior. 

31.  That  immigration  shall  be  encouraged;  emigra- 
tion shall  not  be  prohibited,  and  that  no  citizen  shall  be 
exiled. 


Constitutional  Convention.  367 

32.  That  temporan'  absence  from  tlie  State  shall  uot 
cause  a  forfeiture  of  residence  ouce  obtained. 

33.  That  no  form  of  slavery  shall  exist  in  this  State ; 
and  there  shall  not  be  any  involuntary  servitude,  other- 
wise than  for  the  punishment  of  crime,  of  which  the 
party  shall  have  been  duly  convicted. 

34.  The  privilege  of  suffrage  shall  be  protected  by 
laws  regulating  elections,  and  prohibiting,  under  ade- 
quate penalties,  all  undue  influences  from  power,  brib- 
ery, tumult  or  other  improi^er  conduct. 

35.  Foreigners  who  are,  or  who  may  hereafter  become 
bona  fide  residents  of  this  State,  shall  enjoy  the  same 
rights  in  respect  to  the  possession,  enjoyment  and  inheri- 
tance of  propert}^,  as  native  born  citizens. 

36.  That  the  sole  object  and  only  legitimate  end  of 
government  is  to  protect  the  citizens  in  the  enjoyment 
of  life,  liberty  and  property,  and  when  the  government 
assumes  other  functions,  it  is  usurpation  and  oppres- 
sion. 

37.  That  no  restrain  upon  the  privilege  of  suffrage 
on  account  of  race,  color  or  previous  condition  of  servi- 
tude, shall  be  made  by  law. 

38.  In  the  government  of  this  State,  except  in  the 
instances  in  this  Constitution  hereinafter  expressly  di- 
rected or  permitted,  the  Legislative  Department  shall 
never  exercise  the  Executive  or  Judicial  powers,  or 
either  of  them ;  the  Executive  shall  never  exercise  the 
Legislative  and  Judicial  powers,  or  either  of  them;  the 
Judicial  shall  never  exercise  the  Legislative  and  Exe- 
cutive powers,  or  either  of  them ;  to  the  end  that  it  may 
be  a  government  of  laws  and  not  of  men. 

39.  That  this  enumeration  of  certain  rights  shall  not 
impair  or  deny  others  retained  by  the  people;  and,  to 
guard  against  any  encroachments  on  the  rights  herein 
retained,  we  declare  that  everything  in  this  Declaration 
of  Kights  is  excepted  out  of  the  general  powers  of  gov- 
ernment, and  shall  forever  remain  inviolate. 

minority  report. 

The  undersigned  members  of  the  Committee  on  Pre- 
amble and  Declaration  of  Rights,  do  not  conciir  in  the- 


368  Journal  of  Alabama 

foregoing  report  of  the  committee  so  far  as  it  relates 
to  Section  12,  Article  I,  for  the  following  reasons: 

In  every  relation  of  life  in  Alabama,  where  the  re- 
sult is  dependent  upon  the  opinions  and  decisions  of  a 
number  of  persons,  the  principle  of  majority  rule  gov- 
erns, Avith  the  single  exception  of  a  verdict  of  a  jury. 
Why  should  a  unanimous  verdict  on  a  question  of  fact 
be  required  and  enforced  from  a  jury?  A  majority  of 
one  vote  in  this  Convention  either  puts  a  proposition 
in  the  organic  law  or  rejects  it.  A  majority  of  one  vote 
in  each  House  of  the  General  Assembly  creates,  repeals 
or  modifies  a  positive  law,  regardless  of  the  magnitude 
of  the  interests  involved;  a  majority  of  the  Senate  of 
United  States  ratifies  or  refuses  to  consent  to  a  treaty 
with  a  foreign  power.  A  nmjority  of  a  single  vote  in  a 
half  a  million  in  a  pivotal  State  may  elect  a  President 
of  the  United  States,  change  the  policy  of  the  govern- 
ment, and  bring  prosperity  or  ruin  to  seventy  millions 
of  people.  And  yet  the  majority  of  the  cimmittee  deny 
that  it  would  be  sensible  to  appl}^  this  principle  to  a 
verdict  of  a  jury  in  a  civil  suit  at  law.  When  a  judg- 
ment is  entered  on  a  unanimous  verdict,  if  an  appeal  is 
taken  to  the  Supreme  Court  of  the  State,  it  can  be  then 
finally  adjudicated  by  a  bare  majority  of  the  Justices. 
So  in  the  Supreme  Court  of  the  United  States,  five  of 
the  Justices  against  four  held  the  income  tax  unconsti- 
tutional ;  and-  in  the  same  court  five  of  the  Justices  held 
that  Porto  Rico  was  not  under  the  Constitution,  and 
four  that  it  was.  Again  in  all  ministerial  and  execu- 
tive bodies  the  majority  rules,  and  the  will  of  the  mi- 
nority must  give  way  to  that  of  the  majority  when  law- 
fully expressed.  For  these  reasons  we  think  that  the 
provision  authorizing  three-fourths  of  a  jury  to  render 
a  verdict  iii  a  civil  case  should  become  a  part  of  our 
Constitution,  as  it  is  of  several  other  important  States 
of  the  Union. 

We  therefore  recommend  as  a  substitute  for  Section 
12,  Article  1,  as  reported  by  the  committee,  the  follow- 
ins: 


Constitutional  Convention.  369 

Article  I,  Section  12.     Tlie  riglit  of  trial  by  jury,  as 
heretofore  enjoyed,  shall  remain  inviolate;  but  in  civil 
actions  three-fourths  of  the  jury  may  render  a  verdict. 
Respectfully  subnj,itted, 

Samuel  Blackwell, 
E.  P.  Wilson, 
T.  J.  Corn  WELL, 

The  undersio;ned  member  of  the  Committee  on  Pre- 
amble and  Declaration  of  IJights  concurs  in  the  majority 
of  said  report,  save  as  to  portions  of  Section  7,  and  he 
offers  as  an  amendment  to  portions  of  Section  7  the  fol- 
lowing : 

And  in  all  prosecutions  by  indictment  the  place  in  the 
county  or  district  in  which  the  crime  was  committed, 
shall  be  stated  with  reasonable  certainty  as  to  enable 
the  defendant  to  know  the  particular  place  where  the 
criminal  act  is  alleged  to  have  been  committed. 

Respectfully  submitted, 

J.  H.  Barefield. 

RESOLUTIONS. 

The  following  resolutions  were  offered,  severally  read 
one  time  at  length,  and  referred  to  appropriate  com- 
mittees, as  follows : 

Resolution  172,  by  Mr.  Kirk : 

Whereas,  The  power  to  regulate  the  right  of  Suffrage 
should  be  left  exclusively  to  the  several  States  in  the 
Union;  and. 

Whereas,  The  people  of  Alabama  find  it  necessary  to 
the  preservation  of  good  government  and  honest  elec- 
tions to  restrict  the  right  of  suffrage  where  granted  to 
alien  and  inferior  races;  and  desiring  to  avoid  any 
seeming  conflict  between  the  organic  law  of  the  State  of 
Alabama  and  the  Federal  Constitution ;  now,  therefore 

Be  it  resolved.  That  the  President  of  this  Convention 
■appoint  a  committee  of  five,  of  which  he  shall  be  the 
•chtiirman,  to  prepare  suitalde  memorials  to  the  Con- 
.gress  of  the  United  States  looking  to  an  amendment  of 

2.4 


370  Journal  of  Alabama 

tliti  Federal  Constitution  whereby  the  Fifteenth  Amend- 
ment of  said  Constitution  may  be  stricken  therefrom. 

The  resolution  was  referred  to  the  Committee  on. 
Relies. 

Resolution  173,  by  Mr.  Harrison: 

Resolyed,  That  the  Committee  on  Rules  be  and  are 
hereby  instructed  to  fix  the  time  in  which  all  ordinances 
reported  by  committees  shall  be  considered  by  this  Con- 
yention,  and  at  the  expiration  of  the  time  so  fixed  the 
preyious  question  shall  be  considered  as  ordered,  and 
the  Conyention  shall  proceed  to  vote  upon  the  ordinance 
reported. 

Resolyed  further,  That  half  of  the  time  fixed  by  the 
Committee  on  Rules  for  the  Consideration  of  any  ordi- 
nance shall  be  allowed  to  the  committee  reporting  the 
same,  and  the  other  half  to  those  proposing-  amend- 
ments and  opposing  the  ordinance. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  174,  by  Mr.  Cobb : 

Resolyed,  That  Rule  17  of  this  Conyention  be  amended 
by  striking  out  the  word  '"thirty"  in  the  ninth  line  and. 
inserting  the  word  ''ten"  so  as  to  limit  tlie  right  to  close 
the  debate  after  the  call  for  the  preyious  question  has 
been  sustained  to  ten  minutes. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  175  by  ^Ir.  Cobb: 

Resolyed,  That  requests  for  leaye  of  absence  shall  be- 
made  to  the  Speaker,  who  is  empowered  to  grant  th.e 
same  without  taking  up  the  time  of  the  Conyention. 

The  resolution  Ayas  referred  to  the  Committee  on 
Rules. 

Resolution  17(5,  by  ^Ir.  Vaughn: 

Resolyed,  That  the  report  of  the  Committee  ou  Pre- 
amble and  Declaration  of  Right  shall  be  taken  u])  and 
disposed  of  immediately  after  the  report  of  the  Com- 
mittee on  Taxation  is  disposed  of.    ' 

]Mr.  Vaughan  moyed  that  the  rules  be  suspended  and- 
that  the  resolution  be  adopted. 


Constitutional  Convention.  371 

Tlie  motion  to  suspend  the  rules  prevailed,  and  the 
resolution  was  adopted. 

ordinances  on  first  reading. 

The  following  ordinances  were  introduced  by  unani- 
mous consent,  severally  read  one  time  at  length,  and  re- 
ferred to  appropriate  committees,  as  follows : 

Ordinance  392,  by  Mr.  Reese : 

An  ordinance  to  be  entitled  Section  — ,  of  Article  IV. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  393,  by  Mr.  Beddow : 

To  create  a  State  Board  of  Arbitration. 

The  ordinance  was  referred  to  the  Committee  on 
Executive  Department. 

Ordinance  394,  by  Mr.  O'Neal,  of  Lauderdale : 

To  amend  the  first  proviso  of  Section  24  of  Article  1 
of  che  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  IJights. 

recommittal  of  ordinances. 

Mr.  Parker,  of  Cullman,  chairman  of  the  Committee 
on  State  and  County  Boundaries,  returned  to  the  Con- 
vention ordinance  No.  390,  ''Authorizing  and  making  it 
the  duty  of  the  Commissioners'  Court  of  St.  Clair  County 
to  erect  a  suitable  court  house  and  jail  at  some  place  irt 
said  county  on  the  south  side  of  Backbone  Mountain,, 
where  all  the  courts  are  to  be  held  for  the  trial  of  all 
cases,  and  the  transaction  of  all  legal  business  originat- 
ing and  pertaining  to  the  people  residing  in  beats  9,  10, 
11,  12,  13,  14,  15,  16,  17,  19,  20  and  21  of  said  county,'^ 
and  requested  that  the  same  be  referred  to  the  Com- 
mittee on  Amending  the  Constitution  and  Miscellaneous 
Provisions. 

The  ordinance  was  referred  to  the  Committee  on 
Amending  the  Constitution  and  Miscellaneous  Provis- 
ions. 


372  Journal  of  Alabama 

unfinished  business. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinislied  T)nsiness  of  yesterday,  which  Ayas  the  report 
of  the  Committee  on  Executiye  Department. 

The  question  was  upon  the  amendment  offered  by  Mr. 
Coleman,  of  Greene,  to  amend  the  resolution  by  strik- 
ing- out  the  followino-  ^yords  at  the  end  of  the  resolution : 
^'If  it  can  be  done  without  an  increase  of  taxation,''  and 
substituting  therefor  the  following  words:  "If  in  the 
discretion  of  the  Legislature  it  is  for  the  best  interest 
of  the  State  of  Alabama,"  to  the  resolution  151,  reported 
fayorabh^  by  the  committee. 

Mr.  Coleman,  of  Greene,  asked  unanimous  consent  to 
be  allowed  to  correct  said  amendment,  as  follows :  To 
amend  the  resolution  by  striking  out  the  following 
words:  '^Provided  the  same  can  be  done  without  an  in- 
crease of  taxation  in  this  State,"  and  substitute  therefor 
the  words :  "If  in  the  discretion  of  the  General  Assembly 
it  is  for  the  best  interest  of  the  State  of  Alabama." 

Unanimous  consent  was  giyen,  and  the  amendment 
was  corrected  accordingly. 

The  question  was  upon  the  adoption  of  the  amend- 
ment. 

The  amendment  was  lost:  Yeas,  56;  nays,  80. 

YEAS. 

Messrs.  Ashcraft,  Cornwell, 

Barefield,  Dayis  (DeKalb), 

Bartlett,  Davis  (Etowah), 

Beavers,  Fletcher, 

Blackwell,  Foshee, 

Browne,  Freeman, 

Bulger,  Glover, 

Byars,  Grayson, 

Cardon,  Greer  (Perry), 

Carnathon,  Handley, 

Case,  Harrison, 

Chapman,  Henderson, 

Coleman  (Greene),  Hodges, 


Constitutional  Convention. 


373 


Jackson, 

Jenkins, 

Kirk, 

Long  (Butler), 

Long  (Walker), 

Miller  (Marengo), 

Moody, 

Mnlkey, 

Murphree, 

NeSmitli, 

Opp, 

O'Rear, 

Palmer, 

Parker  (Elmore), 

Pearce, 


Pettus, 

Phillips, 

Porter, 

Keynolds  (Chilton),. 

Reynolds  (Henry), 

Rogers  (Sumter), 

Sentell, 

Sloan, 

Smith,  Mac.  A., 

Sorrell, 

Spragins, 

Stewart, 

Studdard, 

Vaughan, 

Williams  (Barbour) — 56. 


Messrs.  President, 

Aim  on,  , 

Banks, 

Beddow, 

Bethune, 

Boone, 

Brooks, 

Burnett, 

Burns, 

Carmichael  (Coffee), 

Cobb, 

Cofer, 

Craig, 

Curningham, 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Espy, 

Fitts, 

Foster, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 


nays 

Greer  (Calhoun), 

Heflin  (Chambers), 

Hinson, 

Hood, 

Howell, 

Howze, 

Inge, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lock]  in, 

Lomax, 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Mticdonald, 

McMillan  (Baldwin),, 

:\rcMillan  (Wilcox), 

Ma  lone. 


374  Journal  of  Alabama 

Martin,  Sanford, 

Maxwell,  Selheimer, 

Miller  (Wilcox),  Smith  (Mobile), 

Morrisette,  Smith,  Morgan  M., 

Norman,  Ta3^1oe, 

Norwood,  Thompson, 

Oates,  Waddell, 

O'Neal  (Lauderdale),  Walker, 

O'Neill  (Jefferson),  Watts, 

Parker  (Cullman),  Weakley, 

Pitts,  ^Vhite, 

Proctor,  Whiteside, 

Eeese,  Willett, 

Robinson,  Williams  (Marengo), 

Rogers  (Lowndes),  Wilson  (Clarke), 

Samford,  AAllson  (Washington) — 80. 

Sanders, 

The  resolution  151 : 

Resolved  by  the  people  of  Alal)ama,  in  Convention  as- 
sembled, That  it  is  the  sense  of  this  Convention  that 
the  General  Assembly  of  Alabanm  should,  at  its  first 
meeting  after  ;he  ratification  of  the  Constitution,  fix 
the  salary  of  the  Crovernor  of  Alabama  at  five  thousand 
dollars  per  annum;  provided  the  same  can  be  done 
without  an  increase  of  taxation  in  the  State,  was 
adopted. 

The  Convention  proceeded  to  the  consideration  of  Sec- 
tion 4  of  the  ordinance,  ''To  create  and  define  the  Exe- 
■cutive  Department,"  which  was  reported  by  the  Com- 
mittee on  Executive  Department  on  yesterday  as  fol- 
lows : 

Strike  out  Section  4  as  it  now  stands,  and  insert  in 
lieu  thereof  the  following  Avords : 

Sec.  4.  The  returns  of  every  election  for  Governor, 
Lieutenant  Cxovernor,  Secretary  of  State,  State  Auditor, 
State  Treasurer,  Attorney  General,  Superintendent  of 
Education,  and  Commissioner  of  Agriculture  and  Indus- 
tries, shall  be  sealed  up  and  transmitted  bv  the  return- 
ins:  officers  to  the  seat  of  government,  directed  to  the 


Constitutional  Convention.  375 

Speaker  of  the  House  of  Representatives  who  shall, 
during  the  first  week  of  the  session  to  which  said  re- 
turns shall  be  made,  open  and  publish  them  in  the  pres- 
ence of  both  Houses  of  the  General  Assembly,  in  joint 
<?onvention.  The  joint  convention  shall  supervise  and 
control  the  Speaker  in  the  discharge  of  this  duty,  and 
has  power:  First,  to  determine  whether  the  returns 
are  in  legal  form,  made  by  the  proper  officers,  and  truly 
give  the  results  as  ascertained  and  declared  by  the 
Board  of  Supervisors  in  the  several  counties.  Second, 
to  correct  such  errors  as  may  be  found  therein.  Third, 
to  procure  proper  returns  when  for  any  cause,  returns 
from  any  county  have  failed  to  reach  the  Speaker.  The 
joint  convention  shall  have  no  power  to  question  the 
returns  as  to  any  other  matter,  or  in  any  other  respect. 
The  person  found  to  have  the  highest  number  of  votes 
for  either  of  said  offices  shall  be  declared  duly  elected ; 
*but  if  two  or  more  persons  shall  have  an  equal  and  the 
highest  number  of  votes  for  the  same  office,  the  General 
Assembly  by  joint  vote,  without  delay,  shall  choose  one 
of  said  persons  for  said  office.  Contested  elections  for 
Governor,  Lieutenant  Governor,  Secretary  of  State, 
State  Auditor,  State  Treasurer,  Attorney  General,  Su- 
perintendent of  Education,  and  Commissioner  of  Agri- 
culture and  Industries,  shall  be  determined  by  both 
Houses  of  the  General  Assembly  in  such  manner  as  may 
be  prescribed  by  law. 

Mr.  Jones,  of  Montgomerj^  asked  unanimous  consent 
to  be  allowed  to  submit  an  additional  report. 

Leave  was  granted,  and  Mr.  Jones  submitted  the  fol- 
lowing report : 

Mr.  President : 

The  Committee  on  Executive  Department  direct  me 
to  return  herewith  ordinance  No.  372,  with  the  recom- 
mendation that  it  do  not  pass. 

Thomas  G.  Jones,  Chair  man. 

Mr.  Rogers,  of  Sumter,  called  for  a  reading  of  the 
ordinance  372,  and  the  ordinance  was  read  at  length  as 
follows : 

Ordinance  372,  by  Mr.  Rogers,  of  Sumter: 


376    ,  JouuNAL  OF  Alabama 

The  returns  for  every  election  for  Governor,  Lieuten- 
ant Governor,  Secretary  of  State,  Auditor,  Treasurer, 
Attorney  General,  Superintendent  of  Education,  and 
Commissioner  of  Agriculture  and  Industries,  shall  be 
sealed  up  and  transmitted  by  the  returning  officers  to 
the  seat  of  government,  and  directed  to  the  Speaker  of 
the  House  of  Representatives,  who  shall,  during  the 
f^.rst  weelv  of  the  session,  to  which  such  returns  shall  be- 
made,  open  and  publish  them  in  the  presence  of  both 
Houses  of  the  General  AssembW  in  joint  convention; 
but  the  Speaker's  duty  and  the  duty  of  the  joint  con- 
vention shall  be  purely  ministerial. 

The  result  of  the  election  shall  be  ascertained  and  de- 
clared by  the  Speaker  from  the  face  of  the  returns  with- 
out delay. 

The  person  having  the  highest  number  of  votes  for 
any  one  of  said  offices  shall  be  declared  duly  elected,  but 
if  two  or  more  persons  shall  have  an  equal  and  the 
highest  number  of  votes  for  the  same  office,  the  General 
Assembly,  by  joint  vote,  without  delay,  shall  choose  one 
of  said  persons  for  said  office. 

Contested  elections  for  Governor,  Lieutenant  Gover- 
nor, Secretary  of  State,  Auditor,  Treasurer,  Attorne,T 
General,  Superintendent  of  Education,  and  Commis- 
sioner of  Agriculture  and  Industries  shall  l)e  determined 
by  both  Houses  of  the  General  Assembly  in  such  man- 
ner as  may  be  prescribed  by  law. 

Mr.  Rogers,  of  Sumter,  moved  that  the  ordinance  372, 
above  set  out,  be  substituted  for  Section  4  of  the  ordi^ 
nance  "To  create  and  define  the  Executive  Department,'^ 
reported  by  the  committee. 

AD.JOURNMENT. 

Pending  the  further  consideration  of  the  report  of  the 
Committee  on  Executive  Department  the  hour  of  1 
o'clock  p.  m.  arrived,  and  under  the  rules  the  Convention 
adjourned  until  to-morrow  morning  at  10  o'clock. 


Constitutional  Convention. 


87r 


TWENTY-SEVENTH  DAY. 

Convention  Hall. 

Moiitgoinerv,  Ala.,  June  22,  1901. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  ^Ir.  ^lurphey  of  the  city. 


ROLL  CALL. 


On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a- 
quorum : 


Messrs.  President, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Burns, 

Byars, 

Cardon, 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Cornwell, 

Cunningham, 

Davis  (beKalb), 

Dent, 

deCraffenried, 

Duke, 

Eley, 

Eyster, 


Espy, 

Ferguson, 

Pitts, 

Foshee, 

Foster, 

Freeman, 

Gil  more, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Haley, 

Greer  (Perry), 

Handley, 

Harrison, 

Heflin  (Chambers), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Jackson, 

Jenkins, 

Jones  (Hale), 

Jones  (Montgomery),. 

Jones  (Wilcox), 


S78 


Journal  of  Alabama 


Kirk, 

Knioht, 

Kyle, 

I>edbetter, 

Leigh, 

Lroclvlin, 

Lomax, 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Oates, 

O'Neal  ( Lauderdale) , 

O'Neill  (Jefferson), 

Opp, 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 


Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (I^wndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Sorrel  1, 

Spears, 

Spragins, 

Studdard, 

Tavloe, 

Walker, 

Walker, 

Watts, 

Weakley, 

Weatherlv, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington) — 121 


LEAVE  OF  ABSENCE 

Was  granted  to  Messrs.  Coleman,  of  Greene,  for  to- 
day and  Monday;  Eley  for  Monday,  Tuesday  and 
Wednesday;  Fletcher  for  to-day  and  Monday;  Renfroe 


Constitutional  Convention.  379 

for  to-day  and  Monday;  Bulger  for  to-day;  Parker,  of 
Cullman,  for  to-day;  Howze  for  to-da^  ;  Long,  of  Wal- 
ker, for  to-day ;  O'Kear  for  to-day  and  Monday ;  Weatli- 
erly  for  yesterday;  Carmicliael,  of  Colbert,  for  to-day; 
Vauglian  for  to-day;  Keese  for  to-day;  Spragins  for  to- 
da}^ ;  Kirkland  for  yesterday,  to-day  and  Monday ;  Sollie 
for  last  Wednesday,  Thursday  and  Friday ;  Proctor  for 
to-day  and  Monday ;  Ledbetter  for  June  24  and  25 ;  Opp 
for  this  afternoon. 

JIEPOET   OF   COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  twenty- 
sixth  day  of  the  Convention,  and  that  the  same  is  cor- 
rect. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

The  report  of  the  committee  was  concurred  in. 

Resolution  146 : 

Mr.  Smith,  of  iNIobile,  acting  chairnmn  of  the  Com- 
mittee on  Rules,  called  up  resolution  140,  reported  fav- 
orably by  the  Committee  on  Rules,  by  way  of  a  substi- 
tute : 

Substitute  for  resolution  146 :  Resolved,  That  after 
the  passage  of  this  resolution  this  Convention  shall  meet 
regularl}^  each  day  at  10  o'clock  in  the  morning,  and 
shall  remain  in  session  from  that  time  to  1  o'clock  p.  m., 
when  a  recess  shall  be  taken  to  3  p.  m.,  and  the  Conven- 
tion shall  remain  in  session  until  5  p.  m.,  when  the  Con- 
vention shall  stand  adjourned  until  10  o'clock  a.  m.  of 
the  succeeding  day,  and  moved  that  the  same  be  adopted. 

The  motion  prevailed,  and  the  resolution  146  was 
adopted. 

recommittal  of  ordinance. 

JsIt.  Harrison,   cbairmon  of  the  Committee  on   Cor- 


380  Journal  of  Alabama 

porations,  returned  to  the  Convention  ordinance  352. 

Ordinance  352 : 

For  the  protection  of  local  building  and  loan  asso- 
ciations from  excessive  taxation,  and  requested  that  the 
ordinance  352  be  referred  to  the  Committee  on  Tax- 
ation. 

The  ordinance  was  referred  to  the  Committee  on  Tax- 
ation, 

RESOLUTIONS. 

The  followijig  resolutions  were  offered,  severally  read 
one  time  at  length,  and  referred  to  appropriate  com- 
mittees, as  follows: 

Resolution  177,  by  Mr.  Burns: 

Whereas,  But  twenty-five  more  working  days  are  al- 
lotted by  the  enabling  act;  which,  counting  six  hours 
per  day  (being  more  than  double  the  number  of  hours 
already  utilized)  would  give  to  each  member  less  than 
one  hour. 

Be  it  resolved,  That  the  time  occupied  on  this  floor  by 
each  delegate  be  recorded,  and  that  no  delegate,  who  is 
not  chairman  of  some  committee  or  to  whim  the  time 
of  some  other  delegate  has  not  been  yielded,  shall  con- 
sume more  than  his  pro  rata  share,  except  by  leave  of 
the  Convention. 

The  resolution  was  referred  to  the  Committee  on. 
Rules. 

Resolution  178,  by  Mr.  Reynolds,  of  Chilton : 

Whereas,  Thi>i  Convention  was  called  chiefly  for  tlie 
puriK)se  of  regulating  the  suffrage ;  and 

Whereas,  This  Convention  has  previously  pledged 
itself  to  be  bound  by  the  enabling  act  of  the  General  As- 
sembly, and 

Whereas,  One-half  the  time  limit  of  said  enabling  act 
has  already  expired,  and  it  would  lie  unwise  to  rush 
through  a  suft'rage  plan; 

Be  it  resolved  by  the  Convention  assembled,  That  the 
Suffrage  Committee  be  and  ivs  hereby  instructed  to  make- 
a  report  not  later  than  Monday  next. 


OONSTITUTIOXAL  CONVENTION.  381 

The  resolution  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Kesolution  179,  by  Mr.  Grrayson : 

Ivesolved,  That  the  daily  sessions  of  this  Convention 
shall  begin  at  10  a.  m.  and  adjourn  at  2  p.  m. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  ISO,  by  Mr.  Graham,  of  Talladega : 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
the  substance  of  the  resolution  hereto  attached  be  in- 
corporated in  the  article  heretofore  reported  on  the 
subject  of  taxation. 

Resolution  adopted  by  the  State  Association  of  County 
Superintendents  of  Education,  and  approved  by  the 
Alabama  Educational  Association  June  20th,  1901. 

Whereas,  There  is  a  crying  need  for  better  school 
houses  in  the  rural  districts  of  Alabanm,  we,  the  County 
Superintendents  of  Education,  in  association  assembled 
in  Montgomery,  hereby  petition  the  Committee  on  Tax- 
ation and  Education  in  the  Constitutional  Convention 
now  assembled,  to  recommend  that  public  school  houses 
be  declared  public  buildings  in  making  provision  in  the 
Constitution  for  a  special  county  tax  for  the  erection  of 
court  houses,  bridges  and  other  public  buildings  of  the 
county,  and  that  such  aid  may  be  given  by  the  county^to 
the  building  of  public  school  houses  in  the  county  as 
the  Commissioners'  Courts  or  Boards  of  Revenue  in  the 
several  counties  may  deem  practicable. 

W.  S.  Neal.  Acting  President. 

L.  V.  RossER,  Secretary. 

The  resolution  was  referred  to  the  Committee  on 
Taxation. 

Resolution  181,  by  Mr.  Parker,  of  Elmore : 
Resolved,  That  a  committee  be  appointed  by  the  Presi- 
dent of  this  Convention,  to  consist  of  the  President,  the 
three  other  delegates  from  the  State  at  large,  and  one 
from  each  Congressional  district,  to  prepare  a  memorial 
to  the  Congress  of  the  United  States  on  the  repeal  of  the 
Fifteenth  Amendment  of  the  Federal  Constitution,  said 


382  Journal  of  Alabama 

committee  to  report  ad  lihitcin  during  the  session  of  this- 
Couvention. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Ivesolution  182,  b}'  Mr.  O'Neal,  of  Lauderdale: 

Uevsolved,  That  the  report  of  the  Committee  on  Local 
Legislation  be  made  the  special  order  for  consideration 
immediately  after  the  conclusion  of  the  consideration 
of  the  report  of  the  Committee  on  Preamble  and  Decla- 
ration of  Rights  to  the  Constitution;  that  the  Commit- 
tee on  Legislative  Department  submits  supplement  re- 
port on  same  subject  to  be  ccmsidered  at  same  time. 

Mr.  O'Neal  moved  that  the  rules  be  suspended  and 
that  the  resolution  be  adopted. 

The  motion  prevailed,  and  the  rules  were  suspended 
and  the  resolution  adopted. 

Resolution  183,  by  Mr.  Carnathon  : 

Resolved  by  the  people  of  Alabama,  in  Convention  as- 
sembled, That  hereafter  no  member  shall  speak  longer 
than  ten  minutes,  and  more  than  twice  on  the  sume  sub- 
ject. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  181,  by  Mr.  Cunningham : 

Resolved,  That  after  Tuesday  next  no  per  diem  will 
be  allowed  to  delegates  to  this  Convention  who  are  ab- 
sent, except  those  granted  leave  of  absence  on  account  of 
sickness. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

REPORT   OF   STANDING    COMMITTEES. 

]Mr.  O'Neal,  chairman  of  the  Committee  on  Local  Leg- 
islation, submitted  the  following  report : 

REPORT  OF  THE  C0:MMITTEE  ON  LOCAL  LEGISLATION. 

Mr.  President : 

The  Committee  on  Local  Legislation  instructs  me  to- 
report  herewith  an  ordinance  to  be  made  an  article  on 
tliat  subject. 


Constitutional  Convention.  383: 

The  evil  of  local  legislation  has  long  been  recognized 
not  only  ip  Alabama,  but  in  many  other  States  of  the 
Union.  A  number  of  recent  State  Constitutions  have 
endeavored  to  check  this  tendency  on  the  part  of  the 
Legislati^'e  Department  by  absolute  prohibition  of  local 
or  special  laws  in  certain  enumerated  cases.  This  meth- 
od of  enumerating  the  subjects  as  to  which  the.  Legis- 
lature is  prohibited  from  passing  local,  special  or  private 
laws,  seems  to  be  the  only  feasible  plan  of  accomi^lish- 
ing  the  result,  and  has  received  the  approval  of  the  fol- 
lowing States :  California,  Colorado,  Florida,  Georgia, 
Idaho,  Illinois,  Indiana,*  Iowa,  Kentucky,  Louisiana, 
Maryland,  Mississippi,  Missouri,  Montana,  Nevada,  New 
Jersey,  New  York,  South  Carolina,  North  Dakota,  Ore- 
gon, Pennsylvania,  South  Dakota,  Texas,  Washington, 
West  Virginia,  Wisconsin  and  Wj-oming.  The  reason 
why  the  other  States  have  not  sought  to  check  this  evil 
by  similar  constitutional  limitations  on  the  power  of 
the  Legislature,  is  no  doubt  due  to  the  fact  that  they 
have  not  framed  new  Constitutions  since  the  danger 
from  this  class  of  legislaticm  has  become  so  patent,  and 
its  rapid  and  ever  increasing  growth  so  alarming.  The 
Constitutional  Convention  of  1875  endeavored  by  what 
were  then  regarded  as  stringent  provisions  to  prevent 
the  growth  of  such  legislation  in  Alabama,  but  that 
their  efforts  failed  is  made  evident  by  the  ever  increas- 
ing flood  of  local  and  special  laws  which  fill  volumes 
containing  the  acts  of  the  General  Assembly.  In  re- 
cent years  the  number  of  local  laws  enacted  have  out- 
numbered the  general  laws  in  the  proportion  of  about 
twenty  to  one.  The  books  containing  the  general  laws 
of  the  last  two  sessions  of  the  General  Assembly  are  less 
than  the  size  of  the  old  blue  back  Webster  spelling  book, 
while  the  volumes  containing  the  local  laws  of  those 
sessions  are  nearly  ten  times  the  size. 

These  local,  special  or  private  bills  which  we  have 
sought  to  prohibit  and  regulate,  destroy  the  harmonv  of 
+he  law,  consume  the  time  of  the  Legislature,  and  in 
some  States  have  been  the  fertile  source  of  jobberv.  In 
the  enumeration  of  subjects  concerning  which  it  is  pro- 


384  Journal  of  Alabama 

posed  the  G-eneral  Assembly  shall  not  legislate  by  spe- 
cial, private  or  local  law,  we  have  endeavored 
to  include  those  matters  which  seem  to  have 
consumed  most  of  the  time  of  the  Legislature  and 
occupied  most  of  the  space  in  the  published 
acts.  The  requirements  that  the  notice  of  inten- 
tion to  -introduce  a  special,  private  or  local  law,  shall  be 
affirmatively  shown  by  the  Journal  of  each  House,  and 
that  the  courts  and  not  the  General  Assembly  shall  be 
the  judges  of  whether  the  subject  of  any  local  law  is  pro- 
vided for  by  any  general  law  and  whether  the  relief 
sought  can  be  granted  by  any  court,  will,  in  the  opinion 
of  the  committee,  ver^-  materially  aid  in  preventing  local 
legislation. 

We  have  also  provided  for  the  repeal  of  local  laws  now 
in  existence  upon  the  same  notice  being  given  and  shown 
as  is  required  in  the  passage  of  new  ones. 

One  of  the  most  common  methods  of  evading  provis- 
ions against  sjjeeial,  private  and  local  legislation  con- 
sists in  passing  acts  which,  because  they  purport  to 
amend  general  acts,  are  themselves  deemed  general.  An- 
other method  consists  in  evading  such  laws  by  the  par- 
tial repeal  of  general  laws,  by  except^'ng  certain  coun- 
ties, municipalities  or  corporations  from  their  opera- 
tion. 

We  have  provided  that  the  Legislature  shall  not  in- 
directly enact  such  laws. 

We  have  sought  to  prevent  the  assumption  by  the 
State  Legislature  of  the  direct  control  of  local  affairs. 
The  General  Assembly  is  authorized  to  confer  upon 
local  courts  powers  of  local' legislation  and  adminis- 
tration, thereby  not  only  saving  the  time  and  expense 
required  in  the  passage  of  local  acts,  but  also  relegat- 
ing these  matters  to  the  local  authori.ties  and  forum, 
which  can  best  appreciate  and  understand  local  neces- 
sities and  demands. 

One  of  the  most  alarming  evils  which  is  the  out- 
growth of  local  legislation  and  which  has  increased 
enormously  in  the  last  few  years  is  the  unlimited 
power  of  counties  and  municipalities  to  borrow  money. 


Constitutional  Convention..  385 

The  last  two  Legislatures  alone  authorized  an  issue 
of  many  million  dollars  worth  of  bonds  in  this  State. 
This  we  have  endeavored  to  check  or  to  safeguard  by 
proper  restrictions. 

The  committee  has  not  deemed  it  necessary  to  report 
specially  upon  the  several  ordinances  and  resolutions 
referred  to  it.  All  have  been  maturely  considered, 
and  the  principles  of  most  have  been  incorporated  in 
this  ordinance.  These  ordinances  are  herewith  respect- 
fully returned. 

Emmett  O'Neal^  Chairman. 

An  ordinance  concerning  Local  Legislation. 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
ition  assembled,  that  the  following  article  on  Local  Leg- 
islation be  inserted  in  fthe  Constitution : 

ARTICLE  


LOCAL  legislation. 

Section  1. — The  General  Assembly  shall  not  pass  a 
special,  private  or  local  law  in  any  of  the  following 
-cases : 

First — Granting  a  divorce. 
'   Second — Relieving  any  minor  of  the  disabilities     of 
non-age. 

Third — Changing  the  name  of  any  corporation,  asso- 
ciation or  individual. 

Fourth — Providing  for  the  adoption  or  legitimiz- 
ing of  any  child. 

Fifth — Incorporating  a  town,  city  or  village. 

Sixth — Granting  a  charter  to  any  corporation,  asso- 
ciation or  individual. 

Seventh — Establishing  rules  of  descent  or  distribu- 
tion. 

Eighth — Regulating  the  time  within  which  a  civil  or 
criminal  action  may  be  begun. 

Ninth — Exempting  any  person,  corporation,  county, 
township,  municipality  or  association  from  the  opera- 
tion of  any  general  law. 

25 


386  Journal  of  Alabama 

Tenth — Providiug  for  the  sale  of  the  property  of  any 
individual  or  estate. 

Eleventh — Changing  or  locating  a  county  seat. 

Twelfth — Providing  for  a  change  of  venue  11  any 
case. 

Thirteenth — Kegulating  the  rate  of  interest. 

Fourteenth — ^Granting  any  exclusive  or  special  privi- 
lege, immunity  or  franchise  whatever. 

Fifteenth — Fixing  the  punishment  of  crime  or  misde- 
meanors. 

Sixteenth — Providing  for  or  regulating  either  the  as- 
sessment or  collection  of  taxes. 

Seventeenth — Giving  effect  to  invalid  will,  deed  or 
other  instrument. 

Eighteenth — Legalizing  the  invalid  act  of  any  officer. 

Nineteenth — Authorizing  any  township,  city,  town  or 
village  to  issue  bonds  or  other  securities. 

Twentieth — Amending,  confirming  or  extending  the 
cliarter  of  any  corporation  or  remitting  the  forfeitu-re- 
thereof. 

Tvrenty-first — Creating,  extending  or  impairing  any 
lien. 

Twenty-second — Chartering  or  licensing  any  ferry, 
road  or  bridge. 

Twenty-third — Regulating  the  jurisdiction  and  fe^s 
of  Justices  of  the  Peace,  or  the  fees  of  Constable. 

Twenty-fourth — Establishing  separate  school  dis- 
tricts. 

Twenty-fifth — Establishing   separate   stock   districts. 

Twenty-sixth — ^Creating,  increasing  or  decreasing 
fees,  percentage  or  allowance  of  public  officers.  No 
special,  private  or  local  law,  except  a  law  fixing  the 
time  of  holding  courts,  shall  be  enacted  in  any  case, 
which  is  provided  for  by  a  general  law,  or  when  the  re- 
lief sought  can  be  given  by  anv  court  of  this  State,  and 
the  courts  and  not  the  General  Assembly  shall  judge  as 
to  ^iiether  the  matter  of  said  law  is  provided  for  by  a 
general  law,  and  as  to  whether  the  relief  sought  can  be 
given  by  any  court ;  nor  shall  the  General  Assemldy  in- 


Constitutional  Convention.  387 

directlv  enact  an}-  such  special,  private  or  local  law  by 
the  partial  repeal  of  a  general  law. 

The  General  Assembly  shall  pass  general  laws  for  the 
cases  enumerated  in  this  Section. 

Sec.  2. — No  special,  private  or  local  law  shall  be 
passed  on  any  subject  not  enumerated  in  Section  1  of 
this  article,  except  in  reference  to  fixing  the  time  of  hold- 
ing courts,  unless  notice  of  the  intention  to  apply  there- 
for shall  have  been  published,  without  cost  to  the  State, 
in  the  county  or  counties  where  the  matter  or  thing  to 
be  affected  may  be  situated,  which  notice  shall  state  the 
substance  of  the  proposed  law,  and  be  published  at  least 
once  a  week  for  four  consecutive  weeks  in  some  news- 
paper, or  if  there  is  no  newspaper  published  in  the 
county,  by  posting  the  said  notice  for  four  consecutive 
weeks  at  five  different  public  places  in  the  county  or 
counties,  prior  to  the  introduction  of  the  bill;  and  the 
evidence  that  said  notice  has  been  given  shall  be  ex- 
hibited to  each  House  of  the  General  xVssemblv,  and  the 
fact  of  said  notice  spread  upon  the  Journal.  The  courts 
shall  pronounce  void  every  local  law  which  the  Journals 
do  not  affirmatively  show  was  passed  in  accordance 
with  the  provisions  of  this  section. 

Sec.  3. — The  General  Assembly  may  repeal  any  spe- 
cial, private  or  local  law  upon  notice  being  given  and 
shown,  as  provided  in  the  last  preceding  section. 

Sec.  4. — The  operation  of  no  general  law  shall  be  sus- 
pended for  the  benefit  of  any  individual,  corporation,, 
association,  town,  city,  county  or  township,  nor  shall 
any  individual,  corporation,  association,  town,  city,, 
county  or  township  be  exempted  from  the  operation  of 
any  general  law. 

Sec.  5. — The  General  Assembly  may  by  general  law 
confer  upon  Courts  of  County  Commissioners,  Boards 
of  Revenue  or  other  courts,  such  power  of  local  legisla- 
tion and  administration  touching  all  matters  and  things 
not  provided  for  by  general  law,  and  not  inconsitent 
with  the  provisions  of  this  Constitution,  as  the  General 
assembly  may  from  time  to  time  deem  expedient. 

Sec.  6. — A  general  law,  within  the  meaning  of  this 


388  Journal  of  Alabama 

article,  is  a  law  which  applies  to  the  whole  State;  a  local 
law  is  a  law  which  applies  to  anv  political  subdivision 
or  subdivisions  of  the  State  less  than  the  whole — a  spe- 
cial or  private  law,  within  the  meaning  of  this  article, 
is  a  law  which  applies  to  an  individual,  association  or 
corporation. 

The  report  of  the  committee  was  read  at  length  and 
placed  on  the  calendar,  and  300  copies  of  the  same  was 
ordered  printed. 

SPECL\L  ORDER. 

The  report  of  the  Committee  on  Local  Legislation  was 
made  a  special  order  for  consideration  immediately  after 
the  disposition  of  the  report  of  the  Committee  on  Pre- 
amble and  Declaration  of  Rights. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Executive  Department  relative  to  Section  4 
of  the  ordinance  "To  create  and  define  the  Executive 
Department,"  reported  by  said  committee. 

The  question  was  upon  the  motion  of  Mr.  Rogers,  of 
Sumter,  to  substitute  ordinance  372 : 

The  returns  of  every  election  for  Governor, 
Lieutenant  Governor,  Secretary  of  State,  State  Auditor, 
State  Treasurer,  Attorney  General,  Superintendent  of 
Education,  and  Commissioner  of  Agriculture  and  Indus- 
tries, shall  be  sealed  up  and  transmitted  by  the  return- 
ing officers  to  the  seat  of  government,  directed  to  the 
Speaker  of  the  House  of  Representatives  who  shall, 
during  the  first  week  of  the  session  to  which  said  re- 
turns shall  be  made,  open  and  publish  them  in  the  pres- 
ence of  both  Houses  of  the  General  Assembly,  in  joint 
convention ;  but  the  Speaker's  duty  and  the  duty  of  the 
joint  convention  shall  be  purely  ministerial. 

The  result  of  the  election  shall  be  ascertained  and  de- 


Constitutional  Convention. 


389 


dared  by  the  Speaker  from  the  face  of  the  returns  with- 
out dehiy. 

The  person  having  the  highest  number  of  votes  for 
any  one  of  said  offices  shall  be  declared  duly  elected, 
but  if  two  or  more  persons  shall  have  an  equal  and  the 
highest  number  of  votes  for  the  same  office,  the  General 
Assembly,  by  joint  vote,  without  delay,  shall  choose  one 
of  said  persons  for  said  office. 

Contested  elections  for  Grovernor,  Lieutenant  Gover- 
nor, Secretary  of  State,  Auditor,  Treasurer,  Attorney 
General,  Superintendent  of  Education,  and  Commis- 
sioner of  Agriculture  and  Industries  shall  be  determined 
by  both  Houses  of  the  General  Assembly  in  such  man- 
ner as  may  be  prescribed  by  law. 

Which  was  under  an  adverse  report  from  the  com- 
mittee, for  the  Section  4  reported  by  the  Committee  on 
Executive  Department. 

The  substitute  was  adopted.     Yeas,  64;  nays,  44. 


Messrs.  Ashcraft, 

Banks, 

Barefield, 

Blackwell, 

Boone, 

Brooks, 

Burns, 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cornwell, 

Cunningham, 

Davis  (DeKalb), 

Eley, 

Espy, 

Grayson, 

Greer  (Perry), 

Haley, 

Heflin  (Chambers), 

Henderson,       , 


YEAS. 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Murphree, 

NeSmith, 

Norman, 

Gates, 

O'Neill  (Jefferson),, 

Opp, 

Parker  (Elmore), 

Pearce, 

Pillans, 

Pitts, 

Reynolds  (Henry), 

Robinson, 

Rogers  ( Lowndes  )y 

Rogers  ( Sumter )v 

Searcv, 

SentelL 


390 


Journal  of  Alarama 


Hood, 

Jenkins, 

Jones  (Hale), 

Jones  (Wilcox), 

Kirk, 

Ledbetter, 

Leigh, 

Locklin, 

Lowe  (Lawrence), 

McMillan  (Wilcox), 

Martin, 


Smith,  Mac.  A., 

Sollie, 

Sorrell, 

Thompson, 

AValker, 

Weatherly. 

Whiteside, 

Willett, 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington) — 64. 


JsAYS. 


Messrs.  Bartlett, 

Beddow, 

Cardon, 

Cofer, 

Dent, 

Eyster, 

Ferguson, 

Fitts, 

Foster, 

Freeman, 

Oilmore, 

Graham  (Talladega). 

Handley, 

Harrison, 

Hinson, 

Hodges, 

Howell, 

Jackson. 

Jones  (Montgomery) 

Knight, 

Lomax, 

Macdonald, 


Byars, 

McMillan  (Baldwin), 

Malone, 

Mnlkey, 

O'Neal  (Lauderdale), 

Pettus, 

Phillips, 

Porter, 

Reynolds  (Chilton), 

Samford, 

Sanders, 

Sanford, 

Belheimer, 

Sloan, 

Smith,  Morgan  INF., 

Spears, 

Tayloe, 

Watts, 

Weakley, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo) — 44. 


ANNOUNCEMENT  OF  PAIRS. 

The  following  pairs  on  the  above  question  were  an- 
nounced :  • 


Constitutional  Convention.  391 

Messrs.  Coleman,  of  Greene,  and  Duke ;  Messrs.  Long, 
of  Walker,  and  Kyle.  Mr.  Coleman,  of  Greene,  would 
Yote  aye,  and  Mr.  Duke  nay.  Mr.  Long,  of  Walker, 
would  vote  aye,  and  Mr.  Kyle  nay. 

section  four. 

Section  4  of  the  ordinance  "To  create  and  define  the 
Executive  De2>artment,"  as  amended,  was  adopted. 

unfinished  business. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  ordinance  "To 
create  and  define  the  Executive  Department."  The 
■question  was  upon  the  adoption  of  Section  23. 

Sec.  23.  The  Secretary  of  State  shall  be  the  custo- 
dian of  the  Seal  of  State,  and  shall  authenticate  there- 
with all  official  acts  of  the  Governor;  his  approval  of 
laws,  resolutions,  appointments  to  office,  and  adminis- 
trative orders  excepted.  He  shall  keep  a  register  of  the 
official  acts  of  the  Governor,  and  when  necessary  shall 
attest  them,  and  lay  copies  of  same,  together  with  copies 
of  all  papers  relative  thereto,  before  either  House  of  the 
Genei'al  Assemljly  wiien  required  to  do  so,  and  shall 
prform  such  otlier  duties  as  may  be  prescribed  by  law. 

Was  read  at  length. 

Mr.  Eyster  offered  tlie  following  amendment  to  Sec- 
tion 23,  which  was  read  at  length : 

Add  the  word  "Great"  ahead  of  the  word  "Seal,"  in 
the  first  line. 

The  amendment  was,  on  motion  of  Mr.  Samford,  laid 
upon  the  table. 

Mr.  Samford  moved  to  adopt  Section  23,  as  above  set 
out,  and  the  motion  prevailed. 

section  twenty-four. 

Sec.  24.  All  grants  and  commissions  shall  be  issued 
in  the  name  and  hv  the  autlioritv  of  the  State  of  Ala- 


392  *  Journal  ob^  Alabama 

"bama,  sealed  with  the  Great  Seal  and  signed  by  the- 

Governor  and  countersigned  by  the  Secretary  of  State. 

Was  read  at  length,  and  on  motion  of  Mr.  Jones,  of 

Montgomery,  Section  24,  as  above  set  out,  was  adopted. 

SECTION  TWENTY-FIVE. 

Sec.  25.  Should  the  oflQce  of  Secretary  of  State,  State 
Auditor,  State  Treasurer,  Attorney  General,  Superin- 
tendent of  Education,  or  Commissioner  of  Agriculture 
and  Industries  become  vacant,  for  any  cause,  the  Gover- 
nor shall  fill  such  vacancy  until  the  disability  is  removed 
or  a  successor  elected  and  qualified.  In  any  case  of 
said  officers  shall  become  of  unsound  mind,  such  un- 
soundness shall  be  ascertained  by  the  Supreme  Court 
upon  the  suggestion  of  the  Governor. 

Was  read  at  length,  and  on  motion  of  Mr.  Jones,  of 
Montgomery,  Section  25,  as  above  set  out,  was  adopted. 

SECTION   TWENTY-SIX. 

Sec.  26.  The  Governor,  Lieutenant  Governor  and  At- 
tornej'  General  are  constituted  a  Board  of  Conciliation 
for  the  adjustment  of  differences  between  employer  and 
employee  engaged  in  mining,  manufacturing,  transpor- 
tation, or  other  lawful  industries,  to  which  Board  may 
be  added  in  each  case  coming  l)efore  it,  two  citizens  of 
this  or  of  some  other  State  of  the  Union,  to  be  appointed 
by  the  Governor.  The  Board  may  propose  arbitration 
before  it  of  an^-  such  dispute,  whenever  it  deems  proper ; 
and  in  its  discretion  may  hear  such  disputes  when  re- 
quested by  either  or  both  parties  thereto.  In  all  cases^ 
coming  before  it,  the  Board  shall  pass  on  the  merits  and 
recommend  in  writing  what  ought  to  he  done  to  adjust 
the  dispute  or  difference.  Its  judgment  or  award  shall 
be  advisory  merely,  unless  both  parties  agree  in  writing 
in  advance  to  perform  the  award,  when  it  may  be  en- 
forced by  appropriate  proceedings  in  the  courts,  under 
such  rules  and  regulations  as  may  be  prescribed  by  law. 
The  Board  shall  have  power  to  compel  the  production  of 


Constitutional  Convention.  393; 

papers  and  the  attendance  of  witnesses  in  matters  ger- 
mane to  tlie  dispute  or  difference,  under  sucli  rules  and 
regulations  as  may  be  provided  by  law. 

Was  read  at  length. 

Mr.  Beddow  offered  the  following  substitute  for  Sec- 
tion 26 : 

Amend  by  striking  out  Section  26  and  insert  the  fol- 
lowing in  lieu  thereof: 

Sec.  26.  A  Board  of  Arbitration  is  hereby  created, 
of  which  the  Commissioner  of  Agriculture  and  Indus- 
tries shall  be  ex  officio  secretary,  and  said  Board  shall 
be  composed  of  five  members,  two  of  whom  shall  be  ap- 
pointed by  the  employer,  two  by  the  employees,  and  one 
by  the  four  members  hereinbefore  provided  for.  When 
any  dispute  shall  arise  between  employer  and  employee 
in  this  State  each  party  to  such  dispute  shall  notify  the 
secretary  of  the  Board  of  Arbitration  of  their  intention 
to  submit  each  dispute  to  arbitration  and  each  party 
to  such  dispute  shall  certify  to  said  secretary 
the  names  of  the  two  persons  selected  by  such 
party  to  act  as  arbitrators.  The  secretary  of 
the  Arbitration  Board  shall  forthwith  call  and  com- 
mission the  arbitrators  so  named  to  meet  at  the  Capitol, 
who  shall  proceed  to  organize  by  electing  a  disinterested 
person  to  act  as  such  fifth  member  of  said  Board.  The 
Board  so  organized  shall  take  cognizance  of  such  dis- 
putes only  as  are  voluntarily  submitted  to  it  for  adjudi- 
cation ;  but  the  Secretary  shall  have  power  to  enforce  in 
the  court  all  of  its  awards.  The  Legislature  shall,  at 
its  first  session  after  the  adoption  of  this  Constitution, 
enact  laws  for  the  enforcement  of  the  awards  of  the 
Board  herein  created,  and  provides  compensation  for 
the  members  thereof. 

RECESS. 

Pending  the  further  consideration  of  the  report  of 
the  committee,  the  hour  of  1  o'clock  p.  m.  arrived,  and 
under  the  rules  the  Convention  recessed  until  3  o'clock: 
this  afternoon. 


394 


Journal  of  Alarama 


AFTERNOON  SESSION. 


The  Convention  met  pursuant  to  adjournment. 


ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Ashcraft, 

Banks, 

Barefleld, 

Bartlett, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burns, 

Byars, 

Cardon, 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

C'lnningham, 

Davis  (DeKalb), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Fergusc  n, 

Fitts, 

Foster, 

F'^eeman, 


Graham  (Montgomery) 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Perry), 

Haley, 

Handley, 

Heflin  (Chambers), 

Henderson, 

Hodges, 

Hood, 

Howell, 

Jackson, 

Jenkins, 

Jones  (Hale), 

Jones  (Montgomery), 

Jnnes  (Wilcox), 

Kirk, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

>rnrtin. 

Maxw.-ll. 


Constitutional  Convention.  395 


Merrill, 

Sam  ford, 

Miller  (Wilcox), 

Sanders, 

Moody, 

Sanford, 

Morrisette, 

Searcy, 

Mulkey, 

Selheimer, 

Murpliree, 

Smith  (Mobile), 

NeSmitli, 

Smith,  Mac.  A., 

Norman, 

Smith,  Morgan  M., 

Norwood, 

SoUie, 

Gates, 

Thompson, 

O'Neal  (Lauderdale), 

Walker, 

Pearce, 

Watts, 

Pettus, 

Weatherly, 

Pillans, 

White, 

Pitts, 

Whiteside, 

Porter, 

Willett, 

Robinson, 

Williams  ( Barbour ) , 

Rogers  (Lowndes), 

Wilson  (Clarke), 

Rogers  (Sumter), 

Wilson  (Washington) — 101 

LEAVE  OF   ABSENCE. 

Was  granted  to  Messrs.  Banks  for  the  13tli  June  and 
lo-day;  O'Neal,  of  Lauderdale,  for  Monday;  Cornwell 
for  this  afternoon. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
anfinished  business,  which  was  the  substitute  offered 
by  ]\rr.  Beddow  for  Section  26  of  the  ordinance  "To 
create  and  define  the  Executive  Department." 

Mr.  deGraffenried  moved  to  table  the  substitute  of- 
fered by  Mr.  Beddow. 

The  motion  prevailed,  and  the  substitute  w^as  laid 
upon  the  table. 

Mr.  Jones,  of  Montgomery,  moved  that  Section  26, 

The  Governor,  Lieutenant  Governor  and  Attorney 
General  are  constituted  a  Board  of  Conciliation,  for  the 
adjustment  of  differences  between  employer  and  em- 
«mployee  engaged  in  mining,  manufacturing,  transpor,- 


396  Journal  of  Alarama 

tation  or  other  lawful  industries,  to  which  Board  may 
be  added  in  each  case  coming  before  it,  two  citizens  of 
this  or  some  other  State  of  the  Union,  to  be  appointed  by 
the  Governor.  The  Board  may  propose  arbitration  before 
it  of  any  snch  dispute,  whenever  it  deems  proper;  and 
in  its  discretion  may  hear  such  disputes  when  requested 
by  either  or  both  parties  thereto.  In  all  eases  coming 
before  it,  the  Board  shall  pass  on  the  merits  and  recom- 
mend in  writing-  'what  ought  to  be  done  to  adjust  the 
dispute  or  difference.  Its  judgment  or  award  shall  be 
advisory  merely,  unless  both  parties  agree  in  writing  in 
advance  to  perform  the  award,  when  it  may  be  enforced 
by  appropriate  proceedings  in  the  courts,  under  such 
rules  and  regulations  as  may  be  prosecribed  by  law.  The 
Board  shall  have  power  to  compel  the  production  of 
papers  and  the  attendance  of  witnesses  in  matters  ger- 
mane to  the  dispute  or  difference,  under  such  rules  and 
regulations  as  ma}^  be  provided  by  law,  be  laid  upon 
the  table. 

The  motion  prevailed,  and  Section  26  was  laid  upon 
the  table. 

SECTION  TWENTY-SEVEN. 

Sec.  27.  The  Governor,  Auditor  and  Treasurer,  or 
the  Governor  and  either  the  Auditor  or  Treasurer,  when 
there  are  funds  in  the  Treasury  not  immediately  needed, 
may  loan  out  the  same  on  call,  for  such  time  and  at  such 
rate  of  interest  as  they  may  deem  advisable,  taking  as 
collateral,  bonds  of  the  United  States,  or  of  this  State, 
to  the  full  value  of  the  amount  loaned,  and  the  interest 
agreed  to  be  paid  therefor;  such  loans  shall  not  be- 
made  until  after  one  week's  public  notice,  through  some 
paper  published  at  the  Capital,  and  a  record  of  such 
loans  shall  be  kept  in  the  office  of  the  Auditor,  and  re- 
ported by  the  Governor  to  the  General  Assembly  at  its 
next  meeting,  was  read  at  length. 

The  following  minority  report  was  submitted  by  Mr. 
Vaughan,  from  the  Committee  on  Executive  Depart- 
ment: 


Constitutional  Convention.  397 

And  he  further  recommends  that  Section  27  (which 
relates  to  the  loaning  of  money  in  the  State  Treasury), 
as  rejDorted  by  said  committee,  be  stricken  out  and  do 
not  pass, 

Mr,  Handley  offered  the  follo^ying*  substitute  for  Sec- 
tion 27  and  the  minority  report:  , 

That  if  at  any  time  there  is  a  surplus  in  the  State 
Treasury  above  the  needs  of  the  State  government 
economically  administered,  it  shall  be  the  duty  of  the 
Governor  to  report  that  fact  to  the  General  Assembly, 
and  in  that  event  it  shall  be  the  duty  of  the  General 
Assembly  to  reduce  the  rate  of  taxation  allowed  by  the 
Constitution,  in  such  proportion  that  such  surplus  bears 
to  the  ordinary  expenses  of  the  State  government  hon- 
estly administered. 

Mr.  Jones,  of  Montgomery,  moved  to  table  the  Sec- 
tion 27,  and  the  iDending  substitute. 

The  motion  prevailed,  and  Section  27  and  the  substi- 
tute was  laid  upon  the  table, 

section  twenty-eight. 

Sec.  28.  The  State  Treasurer,  State  Auditor,  Attor- 
ney General  and  the  Commissioner  of  Agriculture  and 
Industries  shall  perform  such  duties  as  may  be  pre- 
scribed by  law.  The  State  Treasurer  and  State  Auditor 
«hall  every  year  at  a  time  the  General  Assembly  may 
fix,  make  a  full  and  complete  report  to  the  Governor, 
showing  the  receipts  and  disbursements  of  revenues  of 
•every  charaeter,  and  all  claims  audited  and  paid  out  by 
items,  and  all  taxes  and  revenues  collected  and  paid 
into  the  Treasury,  and  from  what  sources,  and  they  shall 
make  reports  oftener  upon  any  matters  pertaining  to 
their  office  if  required  by  the  Governor  or  General  As- 
sembly, was  read  at  length. 

Mr.  Murphree  offered  the  following  amendment,  which 
was  read  at  length : 

Amend  Section  28  to  insert  after  the  word  Auditor, 
in  first  line,  the  words  "Secretary  of  State." 

The  amendment  was  adopted. 


398  Journal  of  Alabama 

:Mr.  Jones,  of  Montgomery,  moved  that  Section  28^ 
as  amended,  be  adopted. 

The  motion  prevailed,  and  Section  28  was  adopted. 

SECTION    TWENTY-NINE. 

'  Sec.  29.  The  State  Auditor,  State  Treasurer,  Attor- 
ney General,  Secretary  of  State  and  Commissioner  of 
Agriculture  and  Industries  shall  not  receive  to  their 
use,  any  fees,  costs,  perquisites  of  office,  or  other  com- 
pensation than  their  salaries  as  prescribed  by  law,  and 
all  fees  that  may  be  payable  for  any  services  performed, 
through  such  officers  shall  be  at  once  paid  into  the  State 
Treasury,  was  read  at  length,  and  on  motion  of  Mr. 
Jones,  of  Montgomery,  the  Section  29  was  adopted. 

SECTION   THIRTY. 

Sec.  30.  A  Sherill  shall  be  elected  in  each  county  bj 
the  qualified  electors  thereof,  who  shall  hold  his  office 
for  a  term  of  four  years,  unless  sooner  removed,  and 
shall  be  ineligible  to  such  office  as  his  own  successor. 
Whenever  any  prisoner  is  taken  from  the  jail  or  from  the 
custody  of  the  Sheriff  or  his  deputies,  and  put  to  death, 
or  suffers  grievous  bodily  harm,  owing  to  the  neglect, 
connivance,  cowardice  or  other  grave  fault  of  the  Sher- 
iff, such  Sheriff"  may  be  impeached  under  Section  2  of 
Article  VII  of  the  Constitution;  and  the  Governor, 
when  satisfied,  after  hearing  the  Sheriff,  that  he  should 
be  impeached,  may  suspend  him  from  office  for  such 
time  as  he  may  think  proper,  until  the  impeachment 
proceedings  are  finally  disposed  of,  was  read  at  length. 

Mr.  Wilson,  of  Washington,  offered  the  following 
amendment  to  Section  30,  which  was  read  at  length : 

Amend  Section  30  by  striking  from  lines  two  and 
three  the  following  words,  ''and  shall  be  ineligible  to 
such  office  as  his  own  successor.-' 

The  amendment  was  lost. 

Mr.  Samford  offered  the  following  amendment  to  Sec- 
tion 30,  which  w^as  read  at  length : 


Constitutional  Convention.  399 

Amend  Section  30  hj  striking  out  tliat  part  of  the 
Section  after  tlie  period  on  line  three. 

The  amendment  was,  on  motion  of  Mr.  O'Neal,  of 
Lauderdale,  laid  upon  the  table. 

Mr.  Sollie  moved  to  recommit  Section  30  to  the  Com- 
mittee on  Executive  Department. 

^Ir.  Boone  offered  the  following  amendment  to  Sec- 
tion 30,  which  was  read  at  length : 

Amend  Section  30  of  Article  V  in  line  seven,  after 
the  word  impeached,  to  read  "may  suspend  him  from 
office  until  the  impeachment  proceedings  are  decided." 

The  amendment  was  adopted. 

Mr,  Murphree  offered  the  following  amendment  to 
Section  30,  which  was  read  at  length : 

Amend  Section  30  by  inserting  in  second  line  after 
word  ''and  he  and  his  deputies  shall  be  ineligible  to  such 
office  for  four  years  after  the  term  of  the  Shed  IT  .'x- 
pires." 

Mr.  deUraifeni'ied  moved  to  table  the  amendment  of- 
fered by  Mr.  Murphree. 

Tlie  motion  prevailed,  and  the  amendment  was  laid 
on  the  table. 

Mr.  Blackwell  offered  the  following  amendment  to 
Section  30,  which  was  read  at  length : 

To  amend  the  report  of  the  Committee  on  Executive 
Department  as  follows :  Add  after  the  line  in  Section  30 
of  Article  V :  That  if  the  Sheriff  should  be  impeached 
he  shall  not  be  eligible  to  hold  any  other  office  in  this 
State  during  the  time  for  which  he  had  been  elected  to 
serve  as  Sheriff. 

Mv.  Barefield  moved  to  table  the  amendment  offered 
by  Mr.  Blackwell. 

The  motion  to  table  was  lost. 

The  amendment  offered  by  Mr.  Blackwell  was 
adopted, 

Mr.  Burns  offered  the  following  amendment  to  Sec- 
tion 30,  which  was  read  at  length : 

Amend  Section  30  by  striking  all  after  the  word  suc- 
cessor in  the  third  line. 

]\[r.  deGraffenried  moved  to  table  the  amendment  of- 
fered bv  Mr,  Burns. 


400 


Journal  of  Alabama 


The  motion  prevailed,  and  the  amendment  was  laid 
on  the  table. 

Mr.  deGraffenried  offered  the  following  amendment 
to  Section  30,  Avhich  was  read  at  length : 

Amend  Section  30  by  striking  therefrom  the  words 
^'such  office  as  his  own  successor"  in  the  third  line  and 
insert  therein  in  lieu  thereof  the  following:  "To  election 
or  appointment  to  an^'  office  under  this  State  for  one 
jear  after  the  expiration  of  his  term." 

The  amendment  was  adopted :  Yeas,  44 ;  nays,  39. 


YEAS. 


Messrs.  President, 

Ashcraft, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Case, 

Cofer,    . 

Cunningham, 

deGraffenried, 

Espy, 

Foster, 

Freeman, 

Graham  (Talladega), 

Handley, 

Hodges, 

Hood, 

Howell, 

Jones  (Wilcox), 

Kirk, 

Kyle, 


McMillan  (Baldwin) 
McMillan  (Wilcox), 
Malone, 
Maxwell, 
Mulkey, 
XeSmith, 
Norman, 

O'Neal  (Lauderdale), 
Pillans, 
Pitts, 
Searcy, 
Sloan, 
Tayloe, 
Thompson, 
Weakley, 
Weatherly, 
White, 
Whiteside, 
Willett, 

Williams  (Barbour), 
Wilson  (Washington) — 44. 


NAYS. 


Messrs.  Barefield, 

Bartlett, 

Beavers, 


Burns, 
Byars, 
Cardon, 


Constitutional  Convention.  401 

'Carnatlion,  O'Neill  (Jefferson), 

■Chapman,  Pearce, 

Davis  (DeKalb),  Pettiis, 

Ej^ster,  Phillips, 

Ferguson,  Porter, 

Fitts,  Kobinson, 

Graham  (Montgomery),        Rogers  (Sumter), 

Grayson,  Samford, 

Henderson,  iSanders, 

Jenkins,  Santord, 

Jones  (Montgomery),  Smith,  Morgan  M., 

Knight,  Sollie, 

Leigh,  Spears, 

Locklin,  Walker, 

Martin,  Williams  (Marengo), 

Murphree,  AVilsou  ( Clarke )  — 39. 

Gates, 

Mr.  Wilson,  of  Clarke,  raised  the  point  of  order  that 
no  quorum  had  voted  upon  the  adoption  of  the  amend- 
ment.   The  point  was  not  sustained. 

ANNOUNCEMENT  OF  PAIRS. 

The  following  pairs  were  announced  on  the  question 
of  the  adoption  of  the  amendment  and  the  adoption  of 
Section  30 : 

Messrs.  W^atts  and  Jones,  of  Hale.  Mr.  Watts  would 
vote  aye,  and  Mr.  Jones,  of  Hale,  would  vote  nay. 

RECONSIDERATION. 

Mr.  Wilson,  of  Washington,  gave  notice  that  on  to- 
morrow (Monda^O  lie  would  move  to  reconsider  the 
vote  by  which  Section  30  was  adopted. 

RECONSIDERATION. 

Mr.  Wilson,  of  Wasliington,  gave  notice  that  on  to- 
morrow (Monday)  he  would  move  to  reconsider  the  vote 
liy  which  the  amendment  offered  by  Mr.  deGraffenried 
ivas  adopted. 


402  Journal  of  Alail\ma 

Mr.  cleGraffenried  moved  that  Section  30,  as  amended,, 
be  adoiDted. 

The  motion  prevailed,  and  Section  30  was  adopted. 

Mr.  Browne  offered  the  following  amendment  to  the 
ordinance  under  consideration : 

Amend  the  article  reported  by  the  Committee  on  Exe- 
cutive Department  by  inserting  the  following  section 
after  Section  25 : 

Sec.  26.  The  Governor,  Attorney  General,  Secretary 
of  State,  Auditor  and  Treasurer  shall  constitute  a  Board 
of  Equalization.  The  duty  of  such  Board  shall  be  to 
adjust  and  equalize  the  valuation  of  real  and  personal 
property  for  taxation  among  the  several  counties  of 
the  State,  and  to  perfoiin  such  other  duties,  pertain- 
ing to  the  equalization  of  taxable  values  of  property 
among  the  counties  as  may  be  prescribed  by  law. 

Mr.  Samford  moved  to  table  the  amendment  offered, 
by  Mr.  Browne: 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

ADJOURNMENT. 

On  motion  of  Mr.  Blackwell  the  Convention  adjourned 
until  Monday  morning  at  10  o'clock.  ■ 


TWENTY-EIGHTH  DAY. 
Convention  Hall. 
Montgomery,  Ala.,  Monday,  June  24,  1901.. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  ^Ir.  Howell,  of  the  Con- 
vention. 

roll.  call. 

On  a  call  of  the  roll  of  the  Convention  the  following- 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Constitutional  Convention. 


403 


Messrs.  President, 

Almon, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Bvars, 

Cardon, 

Carmichael  (Con3ert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cornwell, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 


Grant, 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

J  ones  ( Mon  tgomery ) ,,. 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

i.eigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Lowe  (Lawrence),. 

Macdonald, 

McMillan  (Baldwin ) , 

McMillan  (Wilcox), 

Malone, 

Martin, 

Miller  (Marengo), 

Miller  (Wilcox),. 

Moody, 

Morrisette, 

Mulkey, 

Murphree,. 

NeSmith, 

Norman, 


404 


Journal  of  Alabama 


Norwood, 

Gates, 

O'Neill  (Jefferson), 

Opp, 

O'Eear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pitts, 

Porter, 

Proctor, 

Keese, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 


Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Sollie, 

Spears, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  ( Marengo ) , 

Wilson  (Clarke). 

Wilson  (Washinaton) 


-125 


LEAVE   OF   ABSENCE 


AVas  granted  to  Messrs.  Cunningham  for  to-day ;  Jones 
of  Montgomery,  for  to-morrow;  Loniax  for  to-day  and 
to-morrow;  Glover  for  last  Saturday;  Williams,  of  El- 
more, indefinitely;  Studdard  for  to-day  and  to-morrow; 
Greer,  of  Perry,  for  to-day;  Smith,  M.  M.,  for  to-day 
and  to-morrow;  Sentell  this  evening  and  to-morrow. 


REPORT  OF   THE  COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  twenty- 
seventh  day  of  the  Convention,  and  that  the  same  is  cor- 
rect. 

Respectfully  submitted, 

John  P.  Proctor,  Chairman. 


Constitutional  Convention.  405 

resolutions. 

The  following  resolution  was  offered.  The  rules  were 
suspended  and  the  resolution  was  adopted : 

Resolution  No.  185,  by  Mr.  Jones,  of  Montgomery: 

Resolved,  That  in  engrossing  the  ordinance  on  Exe- 
cutive Department,  the  Secretary  be  instructed  to 
change  the  number  of  the  sections  in  the  ordinance  to 
confirm  to  the  action  of  the  Convention. 

Adopted, 

The  following  resolution  was  offered,  read  one  time 
at  length,  and  referred  to  the  Committee  on  Rules : 

Resolution  No.  180,  by  Mr.  Foster: 

Resolved,  That  beginning  with  to-day,  the  afternoon 
sessions  of  this  Convention  shall  be  from  4  o'clock  p. 
m.  to  6  o'cick  p.  m. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows: 

Ordinance  No.  396,  by  Mr.  John  W.  A.  Sanford: 

An  ordinance  to  prohibit  the  General  Assembly  from 
authorizing  lotteries,  gift  enterprises  or  pool  selling  on 
sports  or  games  of  any  kind  or  description. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  No.  397,  by  Mr.  O'Neill,  of  -Jefferson : 

An  ordinance  allowing  electors  to  express  their  pref- 
erence for  United  States  Senators. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

REPORTS   OF   STANDING   COMMITTEES. 

Mr.  Oates,  chairman  of  the  Committee  on  Legislative 
Department,  sulunitted  the  following  supplementary  re- 
port to  the  report  of  the  Committee  on  Local  Legisla- 
tion : 

A  rexiort  from  the  Committee  on  Legislative  Depart- 
ment. 


406  Journal  of  Alabama 

Mr.  President: 

Whereas,  Local  Legislative  provisions  have  heretofore 
belonged  to  the  Legislative  Department  of  the  Consti- 
tution; and 

Whereas,  One  of  the  standing  committees  of  this  Con- 
vention was  given  jurisdiction  of  Local  Legislation, 
which  led  to  some  confusion  in  the  introduction  and 
reference  of  ordinances  upon  that  subject  to  each  of  said 
committees,  and  causes  the  Committee  on  Legislative 
Department  to  fully  consider  and  draft  a  section,  with 
numerous  subdivisions,  to  report  to  the  Convention  for 
adoption;  and 

Whereas,  The  Committe  on  Local  Legislation  has 
made  its  report  not  embracing  a  number  of  matters 
wdiicli  this  committee  maturely  considered  and  desires 
shall  be  adopted; 

Now,  in  pursuance  to  an  understanding  and  agree- 
ment with  the  chairman  of  that  committee,  your  Com- 
mittee on  the  Legislative  Department  instruct  me  to 
report  and  recommend  for  adoption  the  following  addi- 
tional restrictions  upon  the  power  of  the  Legislature 
to  enact,  local,  special  or  private  laws  to  come  in  after 
the  words  "public  officers"  in  subdivision  26  of  Section 
1  of  the  article  already  reported  by  said  committee,  to- 
wit: 

Twenty-seventh — Exemption  of  property  from  tax- 
ation or  from  lev}'  or  sale. 

Twenty-eiglith — Exempting  any  person  from  jury, 
road  or  other  civil  duty. 

Twenty-nintli — Laying  out,  opening,  altering,  or 
working  roads  or  highways. 

Thirtieth — Pi-oviding  for  the  management  or  support 
of  any  connuon  or  private  school,  incorporating  the 
same  or  granting  sucli  school  any  privileges. 

Thirty-first — Granting  any  land  owned  by  or  under 
control  of  the  State,  to  any  person  or  corporation. 

Thirty-second — Ilemitting  fines,  penalties  or  forfeit- 
ures. 

Thirty-third — Providing  for  the  conduct  of  elections, 
or  designating  places  of  voting,  or  changing  the  boun- 


Constitutional  Convention.  407 

daries  of  wards,  precincts,  districts,  except  on  tlie  or- 
ganization of  new  counties. 

Tliirty-foiirtli — Restoring  tlie  right  to  vote  to  persons 
convicted  of  infamous  crimes  or  involving  moral  turpi- 
tude. 

Thirty-fifth — Refunding  money  legally  paid  into  the 
State  Treasury. 

Your  committee  do  not  concur  in  Section  5  of  said 
Article  as  reported  by  the  Committee  on  Local  Legis- 
lation, and  recommends  as  a  substitute  therefor  Section 
25  of  Article  IV  of  the  present  Constitution. 

Respectfully  submitted, 

Wm.  C.  Oates^  Clmiriiian. 

MUNICIPAL   corporations. 

Mr.  Weakle}^,  chairman  of  the  Committee  on  Muni- 
cipal Corporations,  submitted  the  following  report : 
report  of  the  committee  on  municipal  corporations. 
Mr.  President : 

The  Committee  on  Municipal  Corporations  instruct 
me  to  make  the  following  report : 

After  mature  consideration  of  all  the  ordinances  sub- 
mitted to  them,  they  herewith  report  the  attached  arti- 
cle,  which  they  recommend  shall   be  adopted   by  this 

Convention  as  Article  of  the  new   Constitution, 

under  the  caption  of  "Municipal  Corporations." 

All  ordinance  referred  to  this  committee  are  herewith 
returned. 

Respectfully  submitted, 

John  B.  Weakley^  Chair  man. 
ARTICLE  — 

municipal  corporations. 

Section  1.  All  municipal  corporations  shall  have  the 
riglit  to  sue  and  shall  be  subject  to  l>e  sued  in  all  courts 
m  like  manner  as  natural  persons. 


408  Journal  op  Alarama. 

Sec.  2.  Municipal  corporations  vshall  be  investecB 
witli  the  privilege  of  taking  private  property  for  public 
use,  but  shall  make  just  compensation  for  property 
taken,  injured  or  destroyed  by  the  construction  or  en- 
largements of  its  works,  highways,  or  improvements,^ 
which  compensation  shall  be  paid  before  such  taking, 
injury  or  destruction.  The  General  Assembly  is  hereby 
prohibited  from  depriving  any  person  of  an  appeal  from 
any  preliminary  assessment  of  damages  against  any 
such  municipal  corporation  made  by  viewers  or  other- 
wise; and  the  amount  of  such  damages  in  all  cases  of 
appeal  shall  on  demand  of  either  part}'  be  determined 
b}^  a  jury  according  to  law. 

Sec.  3.  The  General  Assembl^^  shall  have  power  to 
establish,  alter,  enlarge  or  diminish  the  boundaries  of 
any  city,  town  or  village  in  this  State,  but  notice  of  such 
intended  change  shall  be  given  by  publication  in  some 
newspaper  published  in  the  village,  town  or  city  to  be 
affected,  for  thirt}^  days  prior  to  the  meeting  of  the 
General  Assembly;  if  no  newspaper  is  published  in  said 
city,  town  or  village  then  said  notice  shall  be  given  by 
posting  copy  thereof  at  three  public  places  in  said 
city,  town  or  village,  and  said  notice  shall  be  spread 
upon  the  Journal  of  the  House  in  which  the  bill  pro- 
posing such  change  is  introduced. 

Sec.  4:.  No  city,  town  or  village  shall  be  authorized 
or  permitted  to  grant  any  franchise  or  privilege  or  make 
any  contract  in  reference  thereto  for  a  term  exceeding- 
twenty  years,  nor  shall  any  city,  town  or  village  grant 
any  right  of  way  over  or  right  to  use  any  street 
or  public  way  or  part  thereof  except  to  the  person 
or  corporation  offering  the  highest  sum  therefor  or  the 
highest  percentage  of  gross  annual  receii>ts,  to  be  de- 
rived from  the  business  so  using  the  right  of  way  or 
street  or  public  place.  No  such  privilege  shall  be 
granted  until  the  applicant  therefor  shall  have  given 
notice  by  publication  for  thirty  days  in  some  newspaper 
published  in  the  city,  town  or  village,  of  his  intention 
to  ask  for  such  franchise,  and  the  date  upon  which  such 
application  shall  be  made  and  the  person,  firm,  asso- 
ciation or  corporation  to  whom  such  franchise  is  granted 


Constitutional  Convention.  409- 

shall  be  liable  for  any  damage  inflicted  iipoii  the  prop- 
erty of  abutting  proprietors. 

Sec.  5.  No  street  railway,  gas,  water,  steam  or  hot 
water  heating,  telephone,  telegraph,  electric  light  or 
power  company  within  a  cit}^,  town  or  village,  shall  be 
permitted  or  authorized  to  construct  its  tracks  or  mains 
or  erect  its  poles,  posts  or  other  apparatus  or  string  its 
wires  upon  the  same,  along,  over,  under  or  across  the 
streets,  avenues,  alleys  or  public  grounds  of  such  citj^, 
town  or  village,  without  the  consent  of  the  proper  muni- 
cipal authorities  of  such  city,  town  or  village  being  first 
had  and  obtained. 

Sec.  G.  The  General  Assembly  shall  not  enact  any 
law  which  will  permit  a  person,  firm,  corporation  or  as- 
sociation of  an}^  character  to  pay  a  privilege  license  or 
other  tax  to  the  State  of  Alabama,  and  relieve  him  or 
it  from  the  payment  of  all  other  privilege  and  license 
taxes  in  the  State. 

Sec.  7.  No  county,  city,  town,  village,  district  or 
other  political  subdivision  of  a  count}'  sliall  have  author- 
ity or  be  authorized  b}'  the  General  Assembly,  after  the 
ratification  of  this  Constitution,  to  issue  bonds,  unless 
such  issue  of  bonds  shall  have  first  been  approved  by  a 
majorty  vote  by  ballot  of  the  qualified  voters  of  such 
county,  city,  town,  village,  district,  or  other  political 
subdivision  of  a  count}',  voting  upon  such  proposition. 
In  determining  the  result  of  any  election  held  for  this 
purpose,  no  vote  shall  be  counted  as  an  affirmative  vote 
which  does  not  show  on  its  face  tliat  such  vote  was  cast 
in  approval  of  such  issue  of  bonds.  This  section  shall 
not  apply  to  the  renewal,  refunding  or  reissue  of  bonds 
lawfully  issued,  nOr  prevent  the  issuance  of  bonds  in 
cases  where  the  same  have  been  authorized  by  laws  en- 
acted prior  to  the  ratification  of  this  Constitution,  nor 
shall  this  section  apply  to  obligations  incurred  or  bonds 
to  be  issued  to  procure  means  to  pay  for  street  and  side- 
walk improvement,  or  sanitary  or  storm  water  sewers, 
the  cost  of  which  is  to  be  assessed  against  the  property 
abutting  said  improvements  or  drained  by  such  SLinitary 
or  storm  water  sewers. 


410  Journal  of  Alabama 

Sec.  8.  That  no  city,  town  or  village  shall  here- 
after become  indebted  for  any  purpose  or  in  any  man- 
ner to  an  amount  which,  including  existing  indebted- 
ness, shall  exceed  7  percentum  of  the  assessed  valuation 
of  the  real  and  iJersonal  property  within  said  city,  town 
or  village,  subject  to  taxation,  as  shown  by  the  last  pre- 
-ceding  assessment  for  State  and  county  purposes ;  pro- 
vided, however,  that  in  determining  the  limitation  of 
the  power  of  such  city,  town  or  village  to  incur  indebted- 
ness there  shall  not  be  included  the  following  class  of 
indebtedness,  to-Avit: 

(«)  Notes,  certificates  of  indebtedness  or  revenue 
bonds  issued  in  anticipation  of  the  collection  of  taxes, 
unless  the  same  be  not  paid  within  two  years  from  the 
^ate  of  such  issue,  and  all  such  notes,  certificates  of  in- 
debtedness and  revenue  bonds  shall  be  provided  fur,  and 
made  j^ayable  from  the  taxes  levied  for  the  year  in  which 
they  are  issued,  and  shall  never  exceed  the  amount  of 
such  taxes. 

(5)  Bonds  issued  for  the  purpose  of  purchasing  or 
otherwise  providing  for  a  supply  of  water  or  for  the 
■construction  or  installation  of  sanitary  sewers,  or  for 
the  extension  of  either  of  the  same. 

(c)  Obligations  incurred  and  bonds  issued  to  procure 
means  to  pay  for  street  or  sidewalk  improvements  or 
storm  water  sewers,  the  cost  of  which  is  to  be  assessed 
against  the  property  abutting  or  drained  by  such  sewers. 

(d)  Debts  created  for  the  preservation  of  the  public 
health. 

(e)  Debts  existing  on  the  6th  day  of  December,  1875, 
or  any  obligation  issued  to  renew  or  refund  the  same. 

Sec.  9.  No  city,  town  or  village  whose  present  in- 
debtedness exceeds  the  limitations  herein  imposed  shall 
be  allowed  to  become  indebted  in  any  further  amount 
until  such  indebtedness  shall  be  reduced  within  such 
limit;  provided  however,  that  nothing  herein  contained 
«hall  prevent  any  municipality  from  issuing  bonds  in 
renewal  or  for  the  refunding  of  obligations  already  ex- 
isting. 

Sec.  10.  The  General  Assembly  shall  provide  by  gen- 
'eral  laws  for  the  organization  and  classification  of  cities, 


Constitutional  Convention.  411 

itowns  and  villages ;  the  number  of  such  classes  shall  not 
.exceed  four,  and  the  powers  of  each  class  shall  be  de- 
fined bj  general  laws  so  that  all  municipal  corpora- 
tions of  the  same  class  shall  possess  the  same  powers 
and  be  subject  to  the  same  restrictions. 

The  General  Assembl}^  shall  assign  the  cities,  towns 
and  villages  of  the  State  to  the  class  to  which  they  re- 
spectively belong,  and  change  assignments  made  as 
populations  of  such  cities,  towns  and  villages  increase 
or  decrease,  and  in  the  absence  of  other  satisfactory 
information  as  to  their  population,  the  General  As- 
sembly shall  be  governed  by  the  last  preceding  Federal 
census;  provided,  however,  that  any  cit}',  tOAvn  or  vil- 
lage in  Alabama  may  in  the  year  1905,  and  every  ten 
years  thereafter,  cause  a  census  of  all  its  inhabitants 
to  be  taken,  and  the  General  Assembly  may  change  the 
classification  of  such  city,  town  or  village  according  to 
the  result  of  such  census. 

Any  city  having  a  population  of  more  than  twenty 
thousand  inhabitants  may  frame  a  charter  for  its  own 
government,  not  in  conflict  with  this  Constitution, 
whenever  the  Mayor,  authorized  by  a  majority  vote  of 
the  legislative  body  of  such  city,  shall  have  made  appli- 
cation to  the  Judge  of  the  Circuit  Court  for  the  appoint- 
ment of  the  Board,  to  be  composed  of  nine  qualified 
electors,  who  shall  luive  been  for  at  least  five  years  resi- 
dents of  such  city.  If  the  Judge  of  the  Circuit  Court 
is  a  non-resident  of  the  county  in  which  said  city  is  lo- 
cated, then  such  application  may  be  made  to  the  Judge 
of  any  State  court  of  record  of  general  common  law 
jurisdiction,  residing  in  such  county,  and  the  said  appli- 
cation and  the  appointments  made  thereon  shall  l)e  en- 
tered of  record  by  the  clerk  of  such  court. 

Said  Board  shall  within  ninety  days  after  such  ap- 
pointment return  to  the  chief  magistrate  of  such  city 
the  draft  of  such  charter  signed  by  a  majority  of  said 
Board  within  thirty  d-dja  thereafter,  such  proposed 
charter  shall  be  submitted  to  the  qualified  voters  of  such 
city  at  a  special  election  to  be  called  by  the  Mayor,  and 
if  a  majority  of  such  qualified  voters  voting  thereat 
«liall  ratify-  the  same,  it  shall,  at  the  end  of  thirty  days 


412  Journal  of  Alabama 

thereafter  become  the  charter  of  such  citv,  and  super- 
sede any  existing  charter  or  amendments  thereto^  and 
all  special  acts  of  the  General  Assembly  relating  to  the 
corporate  organization  or  government  of  such  city  other 
than  laws  securing  and  enforcing  the  payment  of  the 
debts  of  such  city. 

A  duplicate  certificate  shall  be  made  setting  forth  the 
charter  proposed,  and  its  ratification,  which  shall  be 
signed  by  the  chief  magistrate  of  such  city,  and  be 
authenticated  by  its  corporate  seal ;  one  of  such  certifi- 
cates shall  be  deposited  in  the  office  of  the  Secretary  of 
State,  and  the  other  shall  be  deposited  among  the  ar- 
chives of  such  city,  and  all  courts  shall  take  judicial 
notice  of  such  charter.  Such  charter  so  adopted  may  be 
amended  at  intervals  of  not  less  than  four  years  by  pro- 
posals therefor,  submitted  b}'  the  legislative  authority 
of  the  city  to  the  qualified  voters  thereof  at  a  general 
or  special  election,  held  at  least  thirty  days  after  the 
publication  of  such  proposals  in  two  newspapers  of  said 
city,  and  ratified  by  a  majority  of  the  qualified  voters 
voting  thereat.  In  any  such  charter  or  amendments 
thereto  an}^  alternative  article  or  proposition  may  be 
presented  for  the  choice  of  the  voters,  and  may  be  voted 
on  separately  without  prejudice  to  the  others. 

Sec.  11.  No  city,  town,  village  or  other  municipal 
corporation  other  than  provided  for  in  this  article  shall 
levy  or  collect  a  higher  rate  of  taxation  in  one  year  on  the 
property  situated  therein  than  one-half  of  one  percentum 
of  the  value  of  such  property  as  assessed  for  State  tax- 
ation during  the  preceding  year;  provided,  that  for  the 
purpose  of  paying  debts  existing  on  the  sixth  day  of 
December,  1875,  and  the  interest  thereon,  a  tax  of  one 
percentum  may  be  levied  and  collected,  to  be  applied 
exclusively  to  the  payment  of  such  indebtedness,  and 
provided  further  that  this  section  shall  not  apply  to  the 
city  of  Mobile,  which  city  may  from  and  after  the  rati- 
fication of  this  Constitution,  levy  a  tax  not  to  exceed 
the  rate  of  three-fourths  of  one  percentum,  to  pay  the 
expenses  of  the  city  government,  and  may  also  levy  a 
tax  not  to  exceed  three-fourths  of  one  per  centum  to 
pay  the  debt  existing  on  the  sixth   day  of  December, 


Constitutional  Convention,  413 

1875,  Avith  the  interest  thereon,  or  unj  renewal  of  su€h 
debt;  and  provided  furtlier,  tliat  this  section  sliall  not 
apply  to  the  cities  of  Birmingham  and  Huntsville, 
■which  cities  may  levy  and  collect  a  tax  not  to  exceed 
one-half  of  one  per  centnm  in  addition  to  the  tax  of  one- 
half  of  one  percentnm  as  hereinabove  allowed  to  be 
levied  and  collected,  such  special  tax  to  be  applied  ex- 
clusively^ to  the  payment  of  interest  on  the  l)onds  of 
said  cities  of  Birmingham  and  Huntsville,  as  hereto- 
fore issued  in  pursuance  of  law,  and  for  a  sinking  fund 
to  pay  off  said  bonds  at  the  maturity  thereof. 

And  provided  further,  that  this  section  shall  not  ap- 
ply to  the  cities  of  Troy,  Attala,  Gadsden,  Bessemer, 
Woodlawn  and  Florence,  which  cities  may  from  and 
after  the  ratification  of  this  Constitution,  levy  and  col 
lect  an  additional  tax  not  exceeding  one-half  of  one 
percentum  per  annum,  but  this  additional  tax  shall  not 
be  levied  unless  authorized  by  a  nmjority  vote  of  the 
qualified  electors  voting  at  a  special  election  held  for  the 
purpose  of  ascertaining  whether  or  not  said  tax  shall 
be  levied. 

MINORITY  report. 

The  undersigned,  a  member  of  the  Committee  on 
Municipal  Corporations,  does  not  concur  with  the  ma- 
jority of  the  committee  in  the  report  submitted,  and 
therefore  moves  to  strike  out  the  tenth  section  of  the 
report,  and  respectively  offers  the  following  substitute 
in  lieu  thereof: 

The  General  Assembly  shall  have  authority  to  incor- 
porate cities,  towns  and  villages  by  a  general  law  which 
shall  grant  to  all  municipalities  the  same  powers,  rights 
and  privileges,  and  shall  not  discriminate  between 
municipalities  in  the  powers,  rights  and  privileges 
granted,  on  account  of  population,  situation,  condition, 
the  pursuits  of  the  people,  or  for  any  reason  whatever. 
The  General  Assembly  shall  grant  to  no  municipality 
or  community  the  right  to  establish  or  amend  its  own 
charter,  but  all  municipal  charters  shall  be  granted  or 
amended  by  special  law  or  formed  under  a  general  law 


414  Journal  of  Alabama 

equally  applicable  to  all  commnnities;  provided,  that 
no  charter  or  amendmeut  thereof  shall  be  valid,  until 
it  shall  be  accepted  or  ratified  by  a  majority  of  the  quali- 
fied electors  residing  within  the  limits  of  such  muni- 
cipality, and  voting  at  an  election  held  for  that  purpose.. 

J.  W.  A.  Sanford. 

Mr.  Weakley,  chairman  of  the  Committee  on  Muni- 
cipal Corporations,  asked  unanimous  consent  that  reso- 
lution No.  23,  ''That  the  rate  of  taxation  relative  to  the- 
State,  counties  and  municipalities,  as  fixed  by  the  pres- 
ent Constitution,  shall  remain  unchanged,"  he  recom- 
mended to  the  Committee  on  Municipal  Corporations. 

Also  an  ordinance  No.  183,  and  186,  ''To  regulate- 
the  organization  and  classification  of  cities  and  toAvns," 

Ordinance  186,  ''To  provide  for  the  organization, 
classification  and  government  of  villages,  towns  and' 
cities  in  Alabama." 

The  resolution  No.  23  and  ordinances  Nos.  183  and 
186,  were  recommitted  to  the  Committee  on  Municipal 
Corporations. 

reconsideration, 

Mr.  Wilson,  of  Washington,  moved  to  reconsider  the* 
vote  by  which  Section  30  of  the  ordinance  "To  create- 
and  define  the  Executive  Department"  was  adopted. 

The  motion  prevailed :  Yes,  69 ;  nays,  24. 

yeas. 

Messrs.  President,  Carmichael  (Coffee), 

Ashcraft,  Carnathon, 

Barefield,  Chapman, 

Beavers,  Davis  (DeKalb), 

Boone,  Davis  (Etowah), 

Burnetty  Fitts, 

Burns,  Foshee, 

Byars,  Foster, 

Cardon,  Freeman, 


Constitutional  Convention. 


415 


Gilmore, 

Glover, 

Graham  (Montgomery), 

Grant, 

Grayson, 

Haley, 

Hendei-Fon, 

Hinson, 

Howell, 

Jenkins, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Leigh, 

Lomax, 

Long  (Butler), 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin); 

McMillan  (Wilcox), 

Martin, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 


Miu'phree, 

Norman, 

Norwood, 

Parker  (Elmore), 

Pearce, 

Pettus, 

Reese, 

Kobinson, 

Kogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Sea  rev, 

Sentell, 

Smith,  Mac.  A. 

Sollie, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Weatherly, 

Williams  ( Marengo ) , 

Wilson  (Clarke), 

Wilson  (Washington) — 69. 


nays. 


Messrs.  Beddow, 

Case, 

deGraffenried, 

Howze, 
Jones  (Bibb), 
Kirk, 
Kirkland, 
Mai  one, 
Mulkev, 
NeSmith, 
Gates, 


Phillips, 

Pitts, 

Porter, 

Reynolds  (Henry), 

Sloan, 

Spears, 

Watts, 

Weakley, 

White, 

Whiteside, 

Wlllett, 

Willaims  (Barbour) — 24. 


416  Journal  of  Alabama 

Mr.  Wilson,  of  Washington,  moved  to  reconsider  the 
vote  b3'  which  the  amendment  to  Section  30,  offered  by 
Mr.  deGraffenried,  was  adopted. 

Amend  Section  30  by  striking-  therefrom  the  words 
■*'such  oftice  as  his  own  successor,"  in  the  third  line, 
and  insert  therein,  in  lieu  thereof  the  following :  "To 
election  or  appointment  to  anv  office  under  this  State 
for  one  year  after  the  expiration  of  his  term." 

The  motion  prevailed. 

Mr.  ^Alison,  of  Washington,  moved  to  table  the  amend- 
ment offered  by  Mr.  deGraffenried,  and  the  motion  pre- 
vailed, and  the  amendment  was  laid  upon  the  table. 

Mr,  deGraffenried  thereupon  gave  notice  that  on  to- 
morrow he  would  move  to  take  the  amendment  from  the 
table. 

Mr.  Jones,  of  Montgonier}-,  moved  that  Section  30,  as 
previously  reported  by  the  committee,  and  as  amended 
be  adopted,  and  the  motion  prevailed,  and  Section  30 
was  adopted. 

SECTION   TWELVE. 

Mr.  Jones,  of  Montgomery,  asked  unanimous  consent 
to  offer  an  amendment  to  Section  12  of  the  ordinance 
"To  create  and  define  the  Executive  Department." 

Unanimous  consent  was  granted. 

Mr.  Jones,  of  Montgomery,  offered  the  following 
amendment  to  Section  12,  Avhich  was  read  at  length : 

To  amend  Section  .12  by  adding  after  the  word  "par- 
dons" in  the  third  line  of  printed  ordinance,  the  follow- 
ing words,  to-wit :  "Except  in  cases  of  impeachment," 
and  also  by  striking  out  the  words  "except  in  cases  of 
impeachment"  in  the  sixth  line  of  the  printed  ordinance 
after  the  words  "in  cases  of  felony." 

On  motion  of  Mr.  Jones,  of  Montgomery,  the  amend- 
ment was  adopted. 

Mr.  Fitts  offered  the  following  amendment  to  the 
ordinance  "To  create  and  deline  the  Executive  Depart- 
ment :" 

Amend  the  report  of  the  Committee  on  Executive  De- 
partment by  adding  to  Article  V  a  section  to  read  as 
follows : 


Constitutional  Convention. 


417 


If  .the  session  of  the  General  Assembly  next  after  the 
ratification  of  this  Constitution  shall  enact  a  law  in- 
<;reasing  the  salary  of  the  Governor,  such  increase  shall 
become  effective  and  applied  to  the  first  Governor  elected 
^fter  the  ratification  of  this  Constitution. 

Mr.  Cobb  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Fitts : 

Add  the  words  at  the  proper  place  "if  the  General 
Assembly  shall  so  determine.-' 

The  amendment  to  the  amendment  offered  by  Mr. 
Cobb  was  adopted. 

The  amendment  of  Mr.  Fitts,  as  amended,  was  there- 
upon adopted:  Yeas,  72;  nays,  43. 


YEAS. 


Messrs.  President, 

Banks, 

Barefield, 

Beavers, 

Beddow, 

Bethune, 

Boone, 

Brooks, 

Browne, 

Burnett, 

Cobb, 

Davis  (Etowah), 

Dent, 

deGraffenreid, 

Duke, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Gilmore, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Greer  (Calhoun), 

Haley, 

27 


Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

How^ell, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery) 

Jones  (Wilcox), 

Kirk, 

Knight, 

Kyle, 

Leigh, 

Locklin, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Martin, 

Merrill, 

Morrisette, 

INIurphree, 

Norman, 

Norwood, 

Gates, 


418 


Journal  of  Alabama 


O'Neill  (Jefferson), 

Palmer, 

Parker  (Cullman), 

Pitts, 

Prctctor, 

Reese, 

Robinson, 

Samford, 

Sanders, 

Sanford, 

Searcy, 


Smith  (Mobile),, 
Tayloe, 
Thompson, 
Vaughan, 
Waddell, 
Watts, 
Weakley, 
Willett, 

Wilson  (Clarke), 
AVilliams  ( Marengo ) , 
Wilson  ( Washington )- 


-72. 


NAYS. 


Messrs.  Asheraft, 

Bartlett, 

Blackwell, 

Bulger, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Davis  (DeKalb), 

Foshee, 

Freeman, 

Glover, 

Grayson, 

Handley, 

Henderson, 

Jenkins, 

Kirkland, 

Lowe  (Lawrence), 

Macdonald, 


Malone, 

Miller  (Marengo),. 

Moody, 

Mulkey, 

NeSmith, 

Opp, 

O'Rear, 

Parker  (Elmore),. 

Pearce, 

Pettus, 

Phillips, 

Porter, 

Reynolds  (Henry), 

Rogers  (Sumter), 

Sloan, 

Smith,  Mac.  A., 

Sollie, 

Spears, 

Weatherly, 

Whiteside, 

Williams  (Barbour) 


-43. 


RECONSIDERATION. 

Mr.  Vaughan  gave  notice  that  he  had  voted  yea,  and 
would  on  to-morrow  move  to  reconsider  the  vote  by 
which  the  amendment  was  adopted. 


Constitutional  Convention.  419 

Mr.  BlackAvell  offered  the  following  amendment  to 
the  ordinance  "To  create  and  define  the  Executive  De- 
partment :" 

To  amend  the  report  of  the  Committee  on  Executive 
Department  by  adding  Section  31,  which  is  as  follows: 

Sec.  31.  That  when  vacancies  happen  by  resignation 
or  otherwise  in  any  county  office,  the  Governor  shall 
make  temporary  appointments  until  the  next  election, 
at  which  members  of  the  General  Assembly  are  elected, 
and  at  such  election  the  qualified  electors  by  a  direct 
vote  shall  fill  such  vacancy  or  vacancies. 

Mr.  deGraffenried  offered  the  following  substitute 
for  the  amendment  offered  by  Mr.  Blackwell : 

Sec.  31.  The  Court  of  County  Commissioners  shall 
have  authority,  when  any  vacancy  occurs  in  any  county 
office,  to  appoint  some  qualified  elector  of  such  county 
to  perform  the  duties  of  such  office  until  the  next,  gen- 
eral election  by  the  people,  when  the  people  voting  at 
such  election  shall  elect  some  qualified  elector  to  such 
office,  who  shall  hold  said  office  during  the  unexpired 
term  and  until  his  successor  is  duly  elected  and  quali- 
fied. 

Mr.  Heflin,  of  Randolph,  moved  to  table  the  substitute 
offered  by  Mr.  deGraffenried. 

The  motion  prevailed,  and  the  substitute  was  tabled. 

Mr.  Samford  moved  to  table  the  amendment  offered 
by  Mr.  Blackwell,  and  the  motion  prevailed,  and  the 
amendment  was  laid  upon  the  table. 

]Mr.  Burns  offered  the  following  amendment  to  the 
ordinance  "To  create  and  define  the  Executive  Depart- 
ment :" 

Amend  by  adding  as  Section  31 : 

In  case  any  Sheriff,  or  his  deputy,  or  any  member  of 
his  posse  be  killed,  or  permanently  disabled  while  dis- 
charging his  duty  in  defending  a  prisoner  in  his  charge, 
the  General  Assembly  shall  provide  for  the  maintenance 
of  those  who  were  dependent  upon  the  person  killed  or 
disabled. 

The  amendment  was  lost. 


420  Journal  of  Alabama 

keconsideration. 

Mr.  Jones,  of  Montgomery,  changed  his  vote  from  yea 
to  no,  and  gave  notice  that  on  to-morrow  he  would  move 
to  reconsider  the  vote  by  which  the  amendment  was 
lost. 

ORDINANCE  ON  THIRD  READING. 

Mr,  Samford  moved  that  the  ordinance  "To  create 
and  define  the  Executive  Department"  be  ordered  to  a 
third  reading. 

The  motion  prevailed. 

Mr.  Reese  moved  that  the  further  consideration  of 
the  third  reading  of  the  ordinance  be  postponed  until 
to-morrow  immediately  after  the  approval  of  the  Jour- 
nal. The  motion  prevailed. 

RECESS. 

The  hour  of  1  o'clock  p.  m.  having  arrived,  the  Con- 
vention took  a  recess  until  3  o'clock  p.  m. 


AFTERNOON  SESSION. 
The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum : 

Messrs.  President,  Beavers, 

Almon,  '        Beddow, 
Ashcraft,  Bethune, 

Banks,  Blackwell, 

Barefield,  Brooks, 

Bartlett,  Bulger, 


Constitutional  Convention. 


421 


Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Eyster, 

Ferguson, 

Foshee, 

Foster, 

Freeman, 

Glover, 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

TCirkland, 

KnishL, 

Kyle, 


Leigh, 
Lomax, 

Long  (Butler), 
Long  (Walker), 
McMillan  (Baldwin),. 
Malone, 
Martin, 
Maxwell, 
jMerrill, 

Miller  (Marengo), 
Miller  (Wilcox), 
Moody, 
Morrisette, 
Mulkey, 
Murphree, 
NeSmith, 
Norman, 
Norwood, 
Dates, 

O'Neill  (Jefferson),, 
Odd, 
O'Rear, 
Palmer, 

Parker  (Cullman),. 
Parker  (Elmore), 
Pearce, 
Pettus, 
Phillips, 
Pitts, 
Porter, 
Proctor, 
Rees>' 

Reynolds  (Chilton),, 
Revnolds  (Henry), 
Robinson, 
Rogers  (Sumter),, 
Sam  ford, 
Sanders, 
San  ford, 
Searcy, 
Sloan,. 


422  Journal  of  Alabama 

Smith  (Mobile),  Walker, 

Smith,  Mac.  A  ,                      Weakley, 

Sollie,  Weatlierly, 

Sorrell,  White, 

Spears,  Whiteside, 

Tavloe,  Williams  (Barbour), 

Thompson,  Wilson  (Clarke) 

Vaughan,  Wilson  (Washington). 

Wacidell,  Winn— 112. 

LEAVE  OF   ABSENCE. 

Was  granted  to  Mr.  Macdonald  for  the  afternoon;  to 
jMr.  Cofer  for  to-day;  and  to  Mr,  Davis,  of  Etowah,  for 
to-iiiorrow. 

REPORT  OF  THE  COMMITTEE  ON  TAXATION. 

l-he  Convention  proceeded  to  the  consideration  of  the 
article  on  Taxation,  reported  by  the  Committee  on 
Taxation. 

Section  1  of  the  Article  XI  on  Taxation,  reported  by 
the  Committee  on  Taxation,  was  read  at  length  as  fol- 
lows : 

Section  1.  All  taxes  levied  on  property  in  this  State 
shall  be  assessed  in  exact  proportion  to  the  value  of 
such  property,  but  no  tax  shall  be  assessed  upon  any 
debt  for  rent  or  hire  of  real  or  personal  property  while 
owmed  by  the  landlord  or  hirer  during  the  current  year 
of  such  rental  or  hire,  and  when  such  real  or  personal 
property  is  assessed  at  its  full  value;  provided,  how- 
ever, the  General  Assembly  may  levy  a  poll  tax,  not  to 
exceed  one  dollar  and  fifty  cents  on  each  poll,  which 
shall  be  applied  exclusively  in  aid  of  the  public  school 
fund  in  the  county  so  paying  the  same. 

Mr.  Samford  offered  the  following  amendment  to  Sec- 
tion 1,  which  was  read  at  length : 

Add  in  fifth  line.  Section  1,  after  the  word  ''value:'' 
And  no  license  or  other  tax  shall  ever  be  imposed  for  the 
inspection  of  any  article  of  merchandise  used  for  fer- 
tilizers. 


CONSTITUTIONxU.    CONVENTION. 


423 


ADJOUENMENT. 

Pending  the  further  consideration  of  the  amendment 
to  Section  1,  and  the  article,  the  hour  of  5  p.  m.  arrived 
and  under  the  rules  the  Convention  adjourned  until  to- 
morrow mornins;  at  10  o'clock. 


TWENTY-NINTH  DAY. 

Convention  Hall. 

Montgomerj,  Ala.,  Tuesday,  June  25,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  the  Rev.  Mr.  Elliott  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

BlackweH, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 


Byars, 
Cardon, 

Carmichael  (Colbert). 
Carmichael  (Coffee), 
Carnathon, 
Case, 
Chapman, 
Cobb, 

Coleman  (Greene), 
Coleman  (Walker), 
Cornwell, 
Craig, 

Cnnningham, 
Tavis  (DeKalb), 
Dent, 

deGraffenried, 
Duke, 


424 


Journal  of  Alarama 


Ejster, 

Espy, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega). 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Lowe  (Jefferson), 


Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin),. 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

O'Neill  (Jefferson),. 

Opp, 

O'Rear, 

Palmer, 

Parker  ( Cullman ),. 

Parker  (Elmore), 

Pearce, 

Pettus,         '  ' 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Chilton),. 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes),. 

Rogers  (Sumter), 

Samford, 

Sanders,  v; 

Sanford, 

Searcy, 

Selheimer, 


Constitutional  Convention.  425 

Sentell,  Walker, 

Sloan,  Watts, 

Smith  (Mobile),  Weakley, 

Smith,  Mac.  A.,  Weatherly, 

Sollie,  White, 

Sorrell,  Whiteside, 

Spears,  Willett, 

Spragins,  Williams  (Barbour), 

Stewart,  Williams  (Marengo), 

Tayloe,  Wilson  (Clarke). 

Thompson,  Wilson  (Washington). 

Vaiighan,  Winn — 141. 

Waddell, 

LEAVE  OF  ABSENCE. 

Was  granted  to  Messrs.  Cornwell  for  yesterday;  Ne- 
Smith  for  to-day  and  to-morrow;  Renfro  for  to-day; 
Cofer  for  yesterday ;  Maxwell  for  yesterday  and  to-day ; 
Greer,  of  Perry,  for  to-day. 

REPORT   OF   COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  twenty- 
eighth  day  of  the  Convention,  and  that  the  same  is  cor- 
rect. 

Respectfully  submitted, 

John  P.  Proctor,  Chairman. 

The  report  of  the  committee  was  concurred  in. 

stenographic  report. 

Messrs.  White,  Dent  and  Blackwell  called  the  atten- 
tion of  the  Convention  to  certain  errors  in  the  stenog- 
raphic report  of  the  proceedings  yesterday. 

The  report  was  ordered  corrected. 


426  Journal  of  Alabama 

resolutions. 

The  following  resolutions  were  offered,  severally  read 
one  time  at  length,  and  referred  to  appropriate  com- 
mittees as  follows : 

Kesolution  No.  187,  by  Mr.  Bulger: 

Eesolved,  That  the  articles  to  be  adopted  by  the  Con- 
vention as  a  pa^'t  of  the  Constitution  shall  be  taken  up 
and  considered  by  the  Convention  in  the  order  in.  which 
they  are  reported  by  the  committee  to  which  they  have 
been  referred. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  188,  by  Mr.  Carmichael,  of  Coffee: 

Be  it  resolved,  That  the  Secretary  of  State  is  hereby 
authorized  and  instructed  to  contract  for  the  printing 
and  binding  of  1,000  copies  of  the  Journal  of  this  Con- 
vention. 

Be  it  further  resolved,  That  the  printing  and  binding 
shall  be  done  in  the  same  manner  and  under  the  same 
law  as  that  of  the  House  and  Senate  Journals,  and  that 
the  printing  and  binding  shall  be  paid  for  out  of  the 
State  appropriation  for  printing  and  binding. 

The  resolution  was  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 

Resolution  189,  by  Mr.  Cobb : 

All  errors  ?n  the  stenographic  report  Will  be  privately 
•called  to  the  attention  of  the  reporter,  who  is  directed, 
to  make'  necessary  corrections. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  190,  by  Mr.  Jones,  of  Wilcox: 
Resolved,  That  it  is  the  sense  of  this  Convention  that 
no  amendment  should  be  proposed  by  any  delegate  to 
an  article  or  articles  of  the  Constitution,  as  reported 
l)y  a  committee,  when  such  amendment  could  be  enacted 
into  a  law  by  the  General  Assembly  of  Alabama. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 


Constitutional  Convention.  427 

ordinances  on  first  reading. 

The  following  ordinances  were  introduced  by  unani- 
mous consent,  severally  read  one  time  at  length,  and  re- 
ferred to  appropriate  committees,  as  follows : 

Ordinance  No.  398,  by  Mr.  Rogers,  of  Lowndes : 

An  ordinance  amending  Section  17  of  Article  XIV 
of  the  Constitution,  relating  to  Banking. 

The  ordinance  was  referred  to  the  Committee  on 
Banks  and  Banking. 

Ordinance  No.  399,  by  Mr.  Kyle  (by  request)  : 

To  provide  for  the  formation  or  creation  of  private 
corporations  in  the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  No.  400,  by  Mr.  Thompson : 

To  provide  for  a  tax  on  collateral  inheritances. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  No.  401,  b}^  Mr.  Long,  of  Walker : 

Relative  to  removing  the  State  Capitol  from  Mont- 
gomery to  Birmingham. 

The  ordinance  was  referred  to  the  Committee  on 
Order,  Consistency  and  Harmony  of  the  Constitution. 

RECONSIDERATION. 

Mr.  Jones,  of  Montgomery,  moved  to  reconsider  the 
vote  by  which  the  amendment  offered  by  Mr.  Burns  to 
the  ordinance  "To  create  and  define  the  Executive  De- 
partment," was  lost  on  yesterday. 

The  motion  prevailed,  and  the  vote  was  reconsidered ; 
Yeas,  82;  nays,  50. 

TEAS. 

Messrs.  Almon,  Beavers, 

Ashcraft,  Beddow, 

Banks,  Blackwell, 

Barefield,  Brooks, 

Bartlett,  Browne, 


428 


Journal  of  Alabama 


Burnett, 

Bulger, 

Burns, 

Byars, 

Carmichael  (Coffee), 

Case, 

Cornwell, 

Cunningham, 

deGraffenried, 

Duke, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Haley, 

Hinson, 

Hood, 

Howell, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 


Martin, 

Maxwell, 

Miller  (Marengo). 

Morrisette, 

Mulkey, 

Murphree, 

Norman, 

Norwood, 

O'Neill  (Jefferson),. 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Chilton),, 

Rogers  (Lowndes), 

Sanford, 

Searcy, 

Selheimer, 

Sloan, 

Smith,  Mac.  A., 

Sorrell, 

Spears, 

Tayloe, 

Thompson, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Willett, 

Williams  (Marengo), 

Wilson  (Washington),. 

Winn— 82. 


Messrs.  President, 
Altman, 


NAYS. 

Boone, 
'Bethune, 


Constitutional  Convention. 


429 


Oardon, 

Carmichael  (Colbert), 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Walker), 

Crai*'" 

Davis' (DeKalb), 

Dent, 

Espy, 

Ferguson, 

Glover, 

Greer  (Calhoun), 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Howze, 

Inge, 

Jones  (Hale), 

Kirk, 

Locklin, 


Lowe  (Lawrence), 

Merrill, 

Miller  (Wilcox), 

Moody, 

Gates, 

Opp, 

Parker  (Elmore), 

Pearce, 

Phillips, 

Pillans, 

Pitts, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

Samford, 

Sanders, 

Smith  (Mobile), 

Sollie, 

Spragins, 

Stewart, 

Waddell, 

Walker, 

Williams  ( Barbour ^ 


-50. 


Mr.  Jones,  of  Montgomery,  offered  the  following  sub- 
stitute for  the  amendment  offered  by  Mr.  Burns : 

Substitute  for  proposed  Section  31,  of  Article  on  Exe- 
cutive Department: 

Sec.  31.  It  shall  be  the  duty  of  the  General  Assembly 
to  make  adequate  provision  for  dependent  members  of 
the  family  of  any  Sheriff,  Deputy  Sheriff,  or  member 
of  any  posse  who  may  be  killed,  or  permanently  injured, 
in  defending  any  prisoner  in  the  custody  of  the  law. 

Mr.  Heflin,  of  Chambers,  moved  to  table  the  substi- 
tute offered  by  Mr,  Jones,  of  Montgomery. 

The  motion  to  table  was  lost :  Yes,  48 ;  nays,  83. 


430 


Journal  of  Alailvma 


YEAS. 


Messrs.  President, 

Altman, 

Bethune, 

Boone, 

Cardon, 

Carmicliael  ( Colbert ) , 

Carnathon, 

Chapman, 

Coleman  (Walker), 

Craig, 

Davis  (DeKalb), 

Dent, 

Espy, 

Ferguric  n, 

Fosliee, 

Glover, 

Greer  (Calhoun), 

Handlej, 

Harrison, 

Hefl'in  (Chambers), 

Heflin  (Randolph), 

Hend3rson, 

Howze, 

Inge, 


Jones  (Hale), 

Kirk, 

Lowe  (Lawrence), 

Merrill, 

Miller  (Wilcox), 

Moody, 

Gates, 

Opp, 

Parker  (Elmore), 

Pearce, 

Phillips, 

Pitts, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

Sanders, 

Smith  (Mobile), 

Sollie, 

Spragins, 

Vaughan, 

Waddell, 

Walker, 

Williams  ( Barbour ) , 

Wilson  (Clarke)— 48. 


NAYS. 


jMessrs.  Almon, 

Ashcraft, 

Ranks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Blackwell,. 

Brooks, 

Bulger, 

Burnetty 

Burns, 


Byars, 

Carmichael  (Coffee), 

Case, 

Cobb, 

Cornwell, 

Cisnningham, 

deGraffenried^ 

Duke, 

Evster, 

Fletcher, 

Foster, 

Gilmore,. 


Constitutional  Convention. 


431 


Graham  ( Montgomery " 

Graham  (Talladega), 

Grant, 

Grayson, 

Haley, 

Hinson, 

Hood, 

Howell, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Locklin, 

Long  (Walker), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Miller  (Marengo), 

Morrisette, 

Mulkey, 

Murphree, 

Norman, 

Norwood, 


O'Neill  (Jefferson), 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Pillans, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Sanford, 

Searcy, 

Selheimer, 

Sloan, 

Smith,  Mac.  A., 

Sorrell, 

Spears, 

Tayloe, 

Thompson, 

Watts, 

Weakley, 

Weatherly, 

White, 

AVhiteside, 

Willett, 

Williams  (Marengo), 

Wilson  (Washington) 

Winn— 83. 


]Mr.  Jones,  of  Montgonaery,  moved  that  the  substitute 
be  adopted.  ^ 

The  motion  prevailed,  and  the  substitute  was  adopted. 

]\rr.  Cobb  offered  the  following  amendment  to  the 
substitute  offered  by  Mr.  Jones,  of  Montgomery : 

Strike  out  the  words  "it  shall  be  the  duty,"  and  in- 
sert "it  shall  be  in  the  power  of  the  General  Assembly.'^ 

^\r.  Barefield  moved  to  table  the  amendment  offered 
bv  Mr.  Cobb. 


432  Journal  of  Alarama 

The  motion  to  table  was  lost:  Yeas,  60;  nays,  78. 

YEAS. 


Messrs.  Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Blackwell, 

Brooks, 

Burnett, 

Burns, 

Byars, 

Carmichael  (Coffee), 

Case, 

Cunningham, 

deGraffenried, 

Duke, 

Eyster, 

Fitts, 

Foster, 

Gilmore, 

Graham  ( Montgomery ) , 

Graham  ( Talladega ) . 

Grayson, 

Hinson, 

Hood, 

Howell, 

Jackson, 

Jenkins, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 


Messrs.  President, 
Altman, 
Bartlett, 
Beaver, 


Leigh, 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Morrisette, 

Mulkey, 

Norman, 

Norwood, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Porter, 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Kellieimer, 

Smith,  Mac.  A., 

Sorrell, 

Spears, 

Thompson, 

Watts, 

Weakley, 

White, 

Whiteside, 

Willett, 

Williams  (Marengo), 

Wilson  (Washington) 

Winn— 60. 


NAYS. 


Cardon, 

Carmichael  (Colbert), 

Bethune, 

Boone, 


Constitutional  Convention, 


433 


Browne, 

■  Long  (Walker), 

.Bulger, 

Merrill, 

Carnathon, 

Miller  (Marengo), 

X^hapman, 

Miller  (Wilcox), 

Cobb, 

Moody, 

Cofer, 

Murphree, 

Coleman  (Greene), 

Gates, 

Coleman  ( Walker ) , 

O'Neal  (Lauderdale), 

Cornwell, 

O'Neill  (Jefferson), 

Craig, 

Opp, 

Davis  (DeKalb), 

Parker  (Elmore), 

Dent, 

Pearce, 

:Espy, 

Phillips, 

Ferguson, 

Pillans, 

P^letclier, 

Pitts, 

Foshee, 

Proctor. 

Freeman, 

Reynolds  (Henry), 

Glover, 

Robinson, 

•Grant, 

Rogers  (Sumter), 

Greer  (Calhoun), 

Samford, 

Haley, 

Sanders, 

Handley, 

Sanford, 

Harrison,    • 

Searcy, 

Heflin  (Chambers), 

Smith  (Mobile), 

Heflin  (Randolph), 

Sol  lie, 

Henderson, 

Spragins, 

Howze, 

Vaughan, 

Inge, 

Waddell, 

Jones  (Bibb), 

Walker, 

Jones  (Hale), 

Weatherly. 

Kirk, 

Williams  (Barbour), 

Kirkland, 

Wilson  (Clarke)— 73. 

Locklin, 

Mv.  Weatherly  moved  to  table  Section  31, 
pending  amendment. 

The  motion  was  lost :  Yeas,  62 ;  nays,  73. 


and  the 


-28 


434 


Journal  of  Alabama 


YEAS. 


Messrs.  President, 

Jones  (Hale), 

Altman, 

Kirk, 

Bethune, 

Kirkland, 

Boone, 

Locklin, 

Bulger, 

Long  (Walker), 

Cardon, 

Merrill, 

Carmiehael  (Colbert), 

Miller  (Wilcox), 

Caruathon, 

Moody, 

Chapman, 

Gates, 

Cobb, 

O'Neal  (Lauderdale), 

Cofer, 

Opp, 

Coleman  (Greene), 

Parker  (Elmore), 

Coleman  (Walker), 

Pearce, 

Craig, 

Phillips, 

Davis  (DeKalb), 

Pillans, 

Dent, 

Pitts, 

Duke, 

Keynolds  (Henry), 

Espy, 

Robinson, 

Ferguson, 

Rogers  (Sumter), 

Fletcher, 

Sanders, 

Glover, 

Sanford, 

Greer  (Calhoun), 

Searcy, 

Haley, 

Smith  (Mobile), 

Handley, 

Sollie, 

Harrison, 

Spragins, 

Heflin  (Chambers), 

Vaughan, 

Hefliu  (Randolph), 

Waddell, 

Henderson, 

Walker, 

Howze, 

Weatherly, 

Inge, 

Williams  (Barbour), 

Jones  (Bibb), 

Wilson  (Clarke)— 62, 

NAYS. 

:Messrs.  Almon, 

Beavers, 

Ashcraft, 

Beddow, 

Banks, 

Blackwell, 

Barefield, 

Brooks, 

Bartlett, 

Browne, 

Constitutional  Convention. 


435 


Burnett, 

Burns, 

Byars, 

Carmichael  (Coffee), 

Case, 

Cornwell, 

Cunningham, 

deGraffenried, 

Eyster, 

Fitts, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Hinson, 

Hood, 

Howell, 

Jackson, 

Jenkins, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Leigh, 

Maedonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 


Martin, 

Miller  (Marengo), 

Morrisette, 

Mulkey, 

Murphree, 

Norman, 

Norwood, 

O'Neill  (Jefferson), 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Porter, 

Proctor, 

Reynolds  ( Chilton ) , 

Rogers  (Lowndes), 

Sanford, 

Selheimer, 

Sloan, 

Smith,  Mac.  A. 

Sorrell,  \ 

Spears, 

Thompson, 

Watts, 

Weakley, 

White, 

Whiteside, 

Willett, 

Williams  (Marengo), 

Wilson  (Washington), 

Winn— 73. 


RECESS. 


Pending  the  further  consideration  of  the  amendment 
offered  by  Mr.  Cobb,  the  hour  of  1  o'clock  p.  m.  having 
arrived,  the  Convention,  under  the  rules,  recessed  until 
3  o'clock  this  afternoon. 


436 


.    Journal  of  Alabama 
AFTERNOON  SESSION. 


The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almon, 

Altman, 

Ashe  raft. 

Banks, 

Barefield, 

Bartlett, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colhert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham, 

Dent, 

deGraffenreid, 


Duke, 

Ejster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hood> 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 


Constitutional  Convention. 


id7 


Kirk, 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Miirphree, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 


Keese, 

Reynolds  (Chilton),, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Samford, 

;Sanders, 

Sanford, 

Searcy, 

Sellieimer, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A.^ 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Willett, 

Williams  ( Barbour)  ^ 

Williams  (Marengo),' 

Wilson  (Clarke), 

Wilson  (Washington). 

Winn— 131. 


LEAVE  OF  ABSENCE. 

Was  granted  to  Mr.  Mulkey  for  this  afternoon. 


438 


Journal  of  Alabama 


UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  un- 
finished business,  which  was  the  consideration  of  the 
amendment  offered  by  Mr.  Cobb  to  the  substitute  of- 
fered by  Mr.  Jones,  of  Montgomery. 

The  amendment  offered  by  Mr.  Cobb  was  adopted: 
Yeas,  68;  nays,  59. 

YEAS. 


Messrs.  President, 

Altman, 

Bartlett, 

Bethune, 

Boone, 

Browne, 

Bulger, 

Cardon, 

Carmichael  ( Colbert ) , 

Carnathon, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  ( Walker ) ; 

Craig, 

Davis  (DeKalb), 

Dent, 

Espy, 

Ferguson, 

Fletcher, 

Glover, 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 


Henderson, 
Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Kirk, 

Kirkland, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

bloody, 

Murphree, 

Gates, 

O'Neal  (Lauderdale), 

'>?)p, 

Parker  (Elmore), 

Pearce, 

Phillips, 

Pillans, 

Pitts, 

Proctor, 

Reynolds  (Henry), 

Robinson, 

Sam  ford, 

vScarcy, 


Constitutional  Convention. 


439 


:Smith  (Mobile), 

Sollie, 

■Spragins, 

Stewart, 

Tayloe, 


Vaughan, 

Waddell, 

Walker, 

VVeatherly, 

Williams  ( Barbour )  —68. 


N^AYS. 


Messrs.  Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Blaekwell, 

Brooks, 

Burnett, 

Burns, 

Byars, 

Carmichael  (Coffee), 

Cornwell, 

HJunningham, 

deGraffenried, 

Duke, 

Fitts, 

FQsliee, 

Foster, 

Freeman, 

Gilmore, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

"Grant, 

Hinson, 

Hood, 

Howell, 

Jenkins, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 


I.eigh, 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Morrisette, 

Norman, 

Norwood, 

O'Neill  (Jefferson), 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Porter, 

Rogers  (Lowndes), 

Sanford, 

Selheimer, 

Sloan, 

Smith,  Mac.  A., 

Sorrell, 

Spears, 

Thompson, 

Watts, 

Weakley, 

White, 

Whiteside, 

Williams  (Marengo ) , 

Wilson  (Washington). 

Winn— 59. 


Kyle, 

Tlie  question  recurred  upon  the  adoption  of  the  sub- 
stitute as  amended. 

The  su'bstitute  was  lost. 


440  Journal  of  Axarama. 

pairs  announced. 

The  following  pairs  were  announced: 

Mr.  Rogers,  of  Sumter,  and  Mr.  Case;  Mr.  Sanders^ 
and  Mr.  Pettus. 

Messrs.  Kogers,  of  Sumter,  and  Sanders  would  vot^ 
aye,  and  Messrs.  Case  and  Pettus  would  vote  nay. 

REPORT   OF   THE   COMMITTEE   ON   RULES. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  submitted  the  following  report : 

Amend  resolution  166  so  as  to  read  as  follows : 

Resolved,  That  all  speeches  and  amendments  to  ordi- 
nances reported  by  standing  committees  be  limited  to 
five  minute  each,  whether  made  before  or  after  the 
ordering  of  the  previous  question. 

Mr.  Smith,  of  Mobile,  moved  that  the  resolution,  as 
amended,  as  above  set  out,  be  adopted. 

Mr.  Jones,  of  Montgomery,  offered  the  following 
amendment  to  the  substitute  for  resolution  166 : 

Provided  that  time  expended  in  answering  questions 
shall  not  be  deducted  from  a  member's  time. 

Mr.  Brooks  moved  that  the  substitute  for  resolution 
166,  reported  by  the  Committee  on  Rules,  and  the 
amendment  to  said  substitute,  offered  by  Mr.  Jones,  of 
Montgomery,  be  laid  upon  the  table  to  be  taken  up  when- 
ever the  Convention  desired. 

The  motion  to  table  prevailed. 

ORDINANCE  ORDERED  ENGROSSED. 

Mr.  Jones,  of  Montgomerv.  asked  unanimous  consent 
to  have  the  ordinance  "To  create  and  define  the  Exe- 
cutive Department"  engrossed. 

Consent  was  given,  and  the  ordinance  was  ordered 
engrossed. 

ADJOURNMENT. 

The  hour  of  5  o'clock  p.  m.  having  arrived,  under  the 


Constitutional  Convention. 


441 


rules  the  Convention  adjourned  until  to-morrow  morning 
at  10  o'clock  a.  m. 


THIRTIETH  DAY. 

Convention  Hall^ 

Montgomery,  Ala.,  Wednesday,  June  26,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr,  Elliott  of  the  city. 

ROLL    CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum :        . 


Messrs.  President. 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 


'niK. 


Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Dent, 

deGraffenried, 

Duke, 

Eyster, 

Espy, 

T^erguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 


442 


Journal  of  Alabama 


Freeman,  • 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

King, 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 


McMillan  (Wilcox), 

Malone, 

Martin, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morri3ette, 

Mulkey, 

Murphree, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 
Palmer, 
Parker  (Cullman), 

Parker  (Elmore), 
Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Keesf 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Smith  (Mobile), 


Constitutional  Convention.  443 


^mith,  Mac. 

A, 

Watts, 

.Smith,  Morg; 

an  M.j 

Weakley, 

Sollie, 

Weatherly, 

Sorrell, 

White, 

Spears, 

Whiteside, 

Spragins, 

Williams  ( BarbourJ , 

Stewart, 

Williams  (Marengo), 

Tayloe, 

Wilson  (Clarke) 

Thompson, 

Wilson  ( Washington ) 

Waddell, 

Winn— 143. 

Walker, 

LEAVE  OP  ABSENCE. 

Was  granted  to  Messrs.  Vaughan  for  to-day;  Ne- 
Smith  for  to-day  and  to-morrow;  Davis,  of  Etowah,  for 
to-day. 

report  of  the  committee  ON  the  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  twenty- 
ninth  day  of  the  Convention,  and  that  the  same  is  cor- 
rect. 

Eespectfully  submitted, 

John  F.  Proctor,  Chairman. 

stenographic  report. 

Messrs.  Reynolds,  of  Chilton;  Carmichael,  of  Coffee; 
O'Neal,  of  Lauderdale;  and  Burns,  called  the  attention 
of  the  Convention  to  certain  errors  in  the  stenographic 
report  of  the  proceedings  of  yesterday. 

The  report  was  ordered  corrected. 

resolutions. 
The  following  resolution  was  offered,  read  at  length, 


444  Journal  of  Alabama 

and  the  rules  were  suspended  and  the  resolution  wa& 
adopted: 

Eesolution  No.  191,  by  Mr.  Howell: 

Resolved,  That  when  any  article  of  the  Constitution 
has  been  passed  by  this  Convention  and  ordered  en- 
grossed, the  chairman  of  the  committee  who  reported 
the  article  be  appointed  and  requested  to  see  that  the 
article  is  correctly  engrossed  or  enrolled,  as  the  case 
may  be. 

RECONSIDERATION. 

Mr.  Reese  gave  notice  that  on  to-morrow  he  would 
move  to  reconsider  the  vote  by  which  the  resolution  191 
was  adopted. 

RESOLUTIONS. 

The  following  resolutions  were  offered,  severally  read 
one  time  at  length,  and  referred  to  appropriate  com- 
mittees, as  follows: 

Resolution  No.  192,  by  Mr.  Rogers,  of  Lowndes: 
To  amend  rule  36,  so  as  to  read :  The  ayes  and  noes 
shall  only  be  ordered  when  the  call  therefor  is  sustained 
by  fifty  delegates. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  No.  193,  by  Mr.  Jones,  of  Montgomery : 
Resolved,  That  an  additional  article  be  incorporated 
in  the  Constitution,  as  follows : 

ARTICLE  — 

Section  1.  When  any  person  in  the  custody  of  a  Sher- 
iff, or  other  lawful  officer,  is  lawlessly  taken,  or  at- 
tempted to  be  taken,  from  the  custody  of  such  Sheriff 
or  other  officer  by  a  mob  or  other  lawless  assemblage, 
for  the  purpose  of  putting  such  person  to  death  or  great 
bodily  harm,  and  any  Sheriff  or  other  officer  or  any 
member  of  any  posse  is  killed  or  injured  in  protecting 


Constitutional  Convention.  445 

■or  attempting  to  protect  such  prisoner,  the  county  in 
which  such  lynching  occurs  or  is  attempted,  shall  be 
liable  in  damages  to  the  Sheriff  or  other  officer  or  mem- 
ber of  the  posse,  if  they  survive  their  injuries,  or  to  their 
legal  representatives,  in  case  of  their  death.  Any  county 
made  liable  under  this  section  shall  have  a  right  of 
action  over  against  either  or  all  the  persons  taking  part 
in  such  mob  or  lawless  assemblage. 

The  resolution  was  referred  to  the  Committee  on 
Executive  Department. 

Kesolution  No.  194,  by  Mr.  Morrisette: 

Resolved  by  the  people  of  Alabama,  in  Convention  as- 
sembled. That  the  next  General  iVssembly  of  Alabama 
shall  reduce  the  tax  on  fertilizer  to  10  cents  per  ton. 

Resolved  further.  That  the  General  Assembly  at  the 
same  time  shall  provide  for  the  support  of  the  various 
Agricultural  Schools  in  this  State  out  of  the  general 
fund  of  the  State. 

The  resolution  was  referred  to  the  Committee  on 
Legislative  Department. 

ordinances  on  first  reading. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Ordinance  No.  402,  by  Mr.  Mulkey: 

An  ordinance  to  amend  Section  2,  Article  X  of  the 
Constitution. 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled.  That  Section  2,  Article  X  of  the  Con- 
stitution be  amended  by  adding  after  the  last  word  there- 
of the  following:  Provided,  That  executory  contracts 
in  w^riting  for  the  sale  of  the  homestead  signed  by  the 
husband  and  wife,  and  acknowledged  by  the  wife,  as  in 
cases  of  the  conveyance  of  the  homestead,  shall  be  valid 
and  may  be  enforced. 

The  ordinance  was  referred  to  the  Committee  on 
Exemptions. 

Ordinance  No.  403,  by  Mr.  Winn : 

Be  it  ordained  by  the  State  of  Alabama,  in  Convention 


446  Journal  of  Alabama 

assembled,  That  the  Railroad  Commissioners  of  Ala-^ 
bama  shall  have  plenary  power  in  all  matters  pertain- 
ing to  the  discharge  of  their  duties,  and  their  salaries 
shall  be  paid  by  the  State;  provided,  the  railroad  shall 
have  the  right  of  appeal  to  the  courts  from  the  decis- 
ions of  said  Commissioners  whenever  they  deem  such^ 
decisions  oppressive. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

PETITIONS. 

Messrs.  Greer,  of  Perry ;  Winn,  Ashcraft  and  Banks 
submitted  petitions  from  various  citizens,  relative  to 
the  election  of  Railroad  Commissioners  by  the  people, 
and  the  said  petitions  were  referred  to  'the  Committee 
on  Corporations. 

RECONSIDERATION    OF    ORDINANCES. 

]Mr.  Smith,  of  Mobile,  chairman  of  the  Committee  on 
Judiciary,  returned  to  the  Convention  Ordinance  305, 
"To  amend  Section  1,  Article  10,  of  the  Constitution," 
and  requested  that  the  same  be  recommitted  to  the  Com- 
mittee on  Exemptions. 

The  ordinance,  305,  was  recommitted  to  the  Commit- 
tee on  Exemptions. 

REPORT  OF   STANDING   COMMITTEES. 

Mr.  Parker,  of  Cullman,  chairman  of  the  Committee 
on  State  and  County  Boundaries,  submitted  the  follow- 
ing report,  which  was  read  at  length : 

REPORT    OF    THE    COMMITTEE   ON    STATE    AND    COUNTY 
BOUNDARIES. 

Mr.  President: 

The  Committee  on  State  and  County  Boundaries,  to- 
which  was  referred  resolution  No.  75,  introduced  by  Mr.. 


Constitutional  Convention.  447 

Parker,  of  Elmore,  beg  leave  to  report  that  they  have 
considered  the  same,  and  recommend  its  adoption. 
Said  resolution  is  returned  herewith. 

George  H.  Parker, 
Chairman  of  Committee  upon  State  and  County  Boun- 
daries. 

resolution. 

Whereas,  the  General  Assembly  of  Alabama  passed 
an  act  approved  March  4th,  1901,  entitled  "An  act  to 
provide  for  the  annexation  of  West  Florida  to  the  State 
of  Alabama,"  with  the  consent  of  the  State  of  Florida 
and  the  Congress  of  the  United  States;  and 

Whereas,  the  Governor  of  Alabama  has,  in  pursuance 
of  said  act,  appointed  as  commissioners  on  the  part  of 
Alabama  Hous.  AVm.  L.  Martin,  Richard  C.  Jones  and 
Samuel  Black  well,  to  confer  with  a  like  commission  on 
the  part  of  the  State  of  Florida,  which  commission  is 
empowered  to  do  and  perform  all  acts  necessary  and 
requisite  to  perfect  an  agreement  for  the  cession  of  said 
territory  to  the  State  of  Alabama,  to  be  ratified  and 
confirmed  by  the  Legislature  of  Alabama,  and  approved 
by  the  Governor; 

Now,  therefore,  be  it  resolved.  That  this  Convention 
hereby  ratifies  and  indorses  the  purpose  of  said  act,  and 
the  appointment  of  said  commission ; 

Resolved  further.  That  we  approve  of  the  annexation 
of  the  territory  described  in  said  act,  to  the  State  of 
Alabama,  in  the  matter  set  forth  therein ; 

Resolved  further.  That  ^\e  commend  the  distinguished 
commission  on  the  part  of  Alabama  to  a.  painstaking 
and  patriotic  effort  in  consummating  liberal  terms  for 
the  cession  of  said  territory  and  recommend  such  other 
action  by  the  Legislature  of  Alabama  and  the  Congress 
of  the  United  States  as  may  be  necessary. 

Mr.  Parker,  of  Cullman,  moved  that  the  rules  be  sus- 
pended and  that  the  resolution  75,  which  is  set  out 
above,  be  adopted. 

The  rules  were  suspended  and  the  resolution  was 
adopted. 


448  Journal  of  Alabama 

Mr.  Parker,  of  Cullman,  chairman  of  the  Committee 
on  State  and  County  Boundaries,  also  submitted  the 
following  report: 

REPORT  OF  THE  COMMITTEE  ON  STATE  AND  COUNTY 
BOUNDARIES; 

Mr.  President: 

The  Committee  on  State  and  County  Boundaries  in- 
structs me  to  report  herewith  an  ordinance  to  take  the 
place  of  the  article  in  the  present  Constitution  on  the 
subject. 

All  of  the  ordinances  and  resolutions  submitted  to  the 
committee  have  been  carefully  considered.  The  prin- 
ciples of  some  of  the  same  have  been  incorporated  in  the 
article.  These  ordinances  and  resolutions  are  herewith 
respectfully  returned. 

The  material  changes  in  the  article  reported  are  as 
follows : 

To  the  first  section  as  to  the  boundaries  of  the  State, 
is  added  a  proviso,  so  that  if  circumstances  should  be 
propitious,  the  limits  and  jurisdiction  of  the  State 
would  extend  over  any  land  or  territory  hereafter  ac- 
quired. 

In  this  connection  we  have  reported  favorably  a  reso- 
lution giving  the  support  of  this  Convention  to  the  Com- 
missioners appointed  under  an  act  of  the  last  Legislat- 
ure as  to  the  matter  of  the  annexation  of  a  certain  part 
of  Florida  to  this  State. 

Section  2  of  the  present  Constitution  has  been  divided 
into  several  sections,  so  as  to  make  each  provision  there- 
in clear  and  definite. 

The  boundaries  of  the  counties  under  Section  3  can 
only  be  changed  by  an  act  of  the  Legislature  passed  by 
a  majority  of  the  members  elected  to  each  House  there- 
of, and  a  two-thirds  vote  of  the  qualified  electors,  with- 
in the  proposed  territory  to  be  taken  from  one  county 
and  added  to  another. 

New  counties  can  only  be  created  in  like  manner. 

No  countv  line  shall  be  changed  so  as  to  run'  within 


Constitutional  Convention.  449 

seven  miles  of  the  court  house  of  any  old  county. 

No  county  site  can  be  removed  without  a  two-thirds 
vote  of  the  qualified  electors  voting  at  an  election  held 
for  such  puii>ose;  and  elections  for  such  purpose  can 
only  be  held  once  in  every  four  years. 

The  area  of  counties  has  been  reduced  from  GOO  to  500 
square  miles. 

The  county  site  of  Shelby  county,  by  proviso  to  Sec- 
tion 6,  is  fixed  at  Columbiana  until  changed  by  vote  of 
the  people.  There  is  an  act  of  the  General  Assembly  of 
Alabama,  approved  the  9th  day  of  February,  1899,  and 
an  act  amendatory  thereto,  approved  the  20th  of  Feb- 
ruary, 1899,  providing  for  an  election,  to  fix  the  per- 
manent location  of  the  county  site  of  Shelby  county, 
and  the  benefit  of  such  an  election  could  be  had  at  any 
time  within  four  years  from  its  approval,  without  seek- 
ing to  have  an  election  under  these  acts.  A  bill  was 
passed  through  the  last  Legislature  changing  the  county 
site  from  Columbiana  to  Calera.  After  a  patient  and 
careful  investigation  of  the  manner  of  the  j)assage  of 
this  bill,  it  was  evident  to  a  majority  of  the  committee: 

First — That  only  one  member  of  the  House  could  be 
found  who  knew  of  the  existence  or  passage  of  the  bill, 
and  that  member  was  the  originator  of  the  same ; 

Second — No  officer  of  the  House  had  any  independent 
recollection  of  the  bill. 

Third — The  hill  was  kept  off  from  the  calendar  of  the 
House  and  out  of  the  newspapers. 

The  bill  was  passed  regularly  in  the  Senate,  during 
its  last  day,  and  Avas  on  its  calendar,  but  so  late  that 
no  one,  in  Shelby  county,  except  those  interested  in  its 
passage,  knew  anything  about  it  until  after  the  adjourn- 
ment of  the  Legislature.  The  result  is  that  this  act  was 
passed  by  wrong  methods  without  the  knowledge  of  the 
members  of  the  House,  and  the  county  site  changed, 
without  the  consent  or  knowledge  of  the  people  of  Shel- 
by county.  It  is  conceded,  in  our  judgment,  that  the 
courts  cannot  go  behind  the  Journals.  The  people  of 
that  county  are,  therefore,  left  without  a  remedy  unless 
this  Convention  grants  it  to  right  the  above  wrong,  and 

29 


450  Journal  of  Alabama 

as  an  act  of  justice  to  the  people  of  Shelby  county,  the 
eommittee  is  of  the  opinion,  and  it  is  their  judgment, 
that  said  county  site  should  remain  at  Columbiana  un- 
less changed  bj^  the  vote  of  the  i>eople  of  that  county. 
We  return  the  evidence  heard  before  the  committee. 

Upon  some  portions  of  the  article  some  of  the  mem- 
bers dissent,  and  reserve  the  liberty  of  action. 

George  H.  Parker,  Chair  man. 

MINORITY   REPORTS. 

The  undersigned  member  of  the  Committee  on  State 
and  County  Boundaries  does  not  concur  in  the  report  of 
the  Committee  as  to  Sections  2,  3  and  4,  and  he  offers 
as  substitute  therefor  the  following : 

Sec.  3.  The  boundaries  of  the  several  counties  of  this 
State,  as  heretofore  established  by  law,  are  hereby  rati- 
fied and  confirmed.  The  General  Assemblj^  uiay,  by  a 
vote  of  two-thirds  of  both  Houses  thereof,  arrange  and 
designate  boundaries  for  the  several  counties  of  this 
State,  which  boundaries  shall  not  be  altered,  except  by 
a  like  vote;  but  no  new  counties  shall  be  hereafter 
formed  of  less  extent  than  000  square  miles,  and  no 
existing  county  shall  be  reduced  to  less  than  600  square 
miles;  and  no  new  county  shall  be  formed  which  does 
not  contain  a  sufficient  number  of  inhabitants  to  entitle 
it  to  one  Representative  under  the  ratio  of  representa- 
tion existing  at  the  time  of  its  formation,  and  leave  the 
county  or  counties  from  which  it  is  taken  with  the  re- 
quired number  of  inhabitants  entitling  such  county  or 
counties  to  separate  representation. 

Respectfully  submitted, 

MiLo  Moody, 
C.  H.  Miller. 

Mr.  President : 

The  undersigned  respectfully  dissent  from  that  part 
of  the  report  of  the  Committee  herewith  filed,  which  re- 
duces the  constitutional  area  of  a  county  below  600 
square  miles. 


Constitutional  Convention.  451 

After  a  careful  and  painstaking  investigation  from 
every  avenue  of  information,  we  are  forced  to  the  con- 
clusion that  any  change  reducing  the  area  of  tlie  old 
counties  below  the  present  constitutional  limit  would 
he  a  source  of  political  strife  and  disseution  in  many 
parts  of  the  State,  and  endanger,  if  not  defeat,  the  rati- 
fication of  the  proposed  Constitution.  We  base  this 
conclusion  upon  the  following  premises,  which  we  think 
are  indisputable : 

First — This  question  was  not  an  issue  in  the  cam- 
paign except  to  a  very  limited  extent. 

Second — The  sentiment  of  the  people  is  divided,  but 
largely  against  reduction. 

Third — In  most  of  the  counties  the  tax  rate  is  alieady 
up  to  the  constitutional  limit,  hence  any  reduction  of 
the  old  counties  would  decrease  their  revenues,  inter- 
fere with  the  harmony  and  autonomy  of  the  same,  de- 
stroy their  symmetry  and  arouse  influences  against 
ratification,  which,  under  normal  conditions,  would  be 
in  favor  of  ratification. 

We  do  not  object  to  a  reduction  to  some  extent  of  the 
area  of  the  counties  hereafter  to  be  formed,  with  such 
other  restrictions  as  would  be  beneficial  to  the  mainten- 
ance of  the  same. 

We  therefore  move  to  amend  the  report  of  the  com- 
mittee by  striking  out  "500"  where  it  occurs  in  Section 
3,  and  adding  in  lieu  thereof  the  words  "six  hundred.'' 

Respectfully  submitted, 

J.  E.  Cobb, 
John  S.  Parker^ 
E.  C.  Jackson. 

Mr.  President: 

We,  the  undersigned  members  of  the  Committee  on 
State  and  County  Boundaries,  do  not  concur  with  the 
majority  in  that  part  of  Section  6  which  refers  to  the 
Shelby  county  court  house.  And  we  offer  as  an  amend- 
ment to  Section  6  of  the  majority  report,  that  all  that 


452  Journal  of  Alabama 

part  of  Section  6  which  refers  to  the  Shelby  county 

court  house  shall  be  stricken  out. 

J.  O.  Sentell_, 
J.  A.  Gilmore. 

An  ordinance  to  create  and  define  the  State  and 
County  Boundaries,  and  to  regulate  the  location  of 
county  sites,  and  the  formation  of  new  counties. 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled.  That  Article  II  of  the  Constitution  be 
stricken  out,  and'  the  following  article  inserted  in  lieu 
thereof : 

ARTICLE  II. 

State  and  County  Boundaries,  County  Sites  and  Xew 
Counties : 

Section  1.  The  boundaries  of  this  State  are  estab- 
lished and  declated  to  be  as  follows,  that  is  to  say : 

Beginning  at  the  point  whre  the  31st  degree  of  north 
latitude  crosses  the  Perdido  river;  thence  east  to  the 
western  boundary  line  of  the  State  of  Georgia;  thence 
along  said  line  to  the  southern  boundary  line  of  the 
State  of  Tennessee,  thence  west  along  the  southern 
boundary  line  of  the  State  of  Tennessee,  crossing  the 
Tennessee  river,  and  on  to  the  second  intersection  of 
said  river  by  said  line,  thence  up  said  river  to  the  mouth 
of  Big  Bear  creek ;  thence  by  a  direct  line  to  the  north- 
west corner  of  Washington  county,  in  this  State,  as  ori- 
ginally formed ;  thence  southerly  along  the  line  of  the 
State  of  Mississippi  to  the  Gulf  of  Mexico;  thence  east- 
wardly,  including  all  islands  within  six  leagues  of  the 
shore,  to  the  Perdido  river;  thence  up  said  river  to  the 
beginning;  provided,  that  the  limits  and  jurisdiction  of 
this  State  shall  extend  to  and  include  any  other  land 
and  territory  now  acquired,  or  hereafter  acquired,  by 
contract  or  agreement  with  other  States  or  otherwise, 
although  such  land  and  territory  are  not  included  with- 
in the  boundaries  hereinbefore  designated. 

Sec.  2.    The  boundaries  of  the  several  counties  of  this 


Constitutional  Convention.  4o3;' 

State,  as  they  now  exist,  are  hereby  ratified  and  con- 
firmed. 

See.  3.  The  General  Assembly  shall  have  the  power^ 
provided  that  each  house  by  a  majority  of  the  members 
elected  thereto  shall  vote  in  favor  thereof,  to  submit  to 
a  vote  of  the  people  residing  within  the  territory  pro- 
posed to  be  taken  from  one  county  and  given  to  an- 
other, a  change  or  alteration  in  county  lines,  but  no 
such  change  or  alteration  shall  be  made  unless  such  pro- 
posed change  or  alteration  shall  receive  two-thirds  of 
the  votes  of  the  qualified  electors  voting  at  such  election; 
and,  provided,  that  no  county  line  shall  be  changed  or 
altered  so  as  to  reduce  any  old  county  below  500  square 
miles,  or  which  shall  reduce  the  inhabitants  in  any  such, 
county  below  the  number  of  inhabitants  to  entitle  the 
county  to  one  Representative. 

Sec.  4.  The  General  Assembly  shall  have  power,  pro- 
vided that  each  House,  by  a-  majority  of  its  members 
elected  thereto,  shall  vote  in  favor  therefor,  to  submit 
to  a  vote  of  the  people  within  the  boundaries  of  the  pro- 
posed new  county,  the  creation  and  formation  of  new 
counties,  but  no  new  county  shall  be  created,  unless 
such  proposed  new  county  shall  receive  two-thirds  of 
the  votes  of  the  qualified  electors  voting  at  such  elec- 
tion ;  and  at  the  same  time  the  question  of  a  name  and 
a  county  seat  for  such  county  shall  be  submitted  to  and 
determined  by  said  electors;  and,  provided,  that  no  new 
county  shall  be  created  or  formed  of  less  extent  than 
500  square  miles,  and  which  does  not  contain  a  sufticient 
number  of  inhabitants  to  entitle  it  to  one  Representative 
under  the  ratio  of  representation  existing  at  the  time  of 
its  creation,  and  leave  the  county  or  counties  from  which 
it  is  taken  with  the  required  number  of  inhabitants  en-. 
titling  such  county  or  counties  to  separate  representa- 
tion, or  which  shall  reduce  any  old  county  below  50O 
square  miles. 

Sec.  5.  No  county  line  shall  be  altered  or  changed 
or  in  the  creation  of  new  counties  shall  be  established 
so  as  to  run  within  seven  miles  of  the  county  court 
house  of  any  old  county. 


454  Journal  of  Alabama 

Sec.  6.  No  county  site  shall  be  removed  except  by  a 
two-thirds  A^ote  of  the  qualified  electors  of  said  county, 
voting  in  an  election  held  for  such  purpose,  and  when  an 
election  has  once  been  held  for  such  purpose,  no  other 
election  can  be  held  for  such  purpose  until  the  expira- 
tion of  four  years;  provided,  that  the  county  site  of 
Shelby  county,  of  this  State,  shall  be  and  remain  at  Co- 
lumbiana, unless  removed  by  a  vote  of  the  people,  as 
provided  for  in  an  act  entitled  "An  act  to 
provide  for  the  permanent  location  of  the  county  site 
of  Shelby  county,  Alabama,  b^'  a  vote  of  the  qualified 
electors  of  said  county,"  approved  the  9th  day  of  Feb- 
ruary, 1899,  and  the  act  amendatory  thereto,  approved 
the  20th  day  of  February,  1899,  or  by  an  election  held 
under  the  provisions  of  this  article. 

The  report  was  read  at  length  and  placed  upon  the 
calendar,  and  300  copies  ordered  printed. 

SPECIAL  ORDER. 

Mr.  Parker,  of  Cullman,  moved  that  the  report  of  the 
•Committee  on  State  and  County  Boundaries  be  made  a 
special  order  to  be  considered  immediately  after  the 
special  orders  heretofore  made. 

The  motion  prevailed  and  the  report  was  made  a  spe- 
cial order  for  consideration  immediately  after  the  con- 
clusion of  the  consideration  of  the  report  of  the  Com- 
mittee on  Local  Legislation,  and  the  supplementary  re- 
port to  same  by  Legislative  Department. 

UNFINISHED  BUSINESS. 

The  Conveut'on  proceeded  to  the  consideration  of  the 
•unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Taxation. 

The  question  was  upon  the  amendment  to  Section  1 
of  the  article  reported  by  the  Couimittee  on  Taxation, 
said  amendment,  offered  by  Mr.  Samford,  was  again 
read  as  follows : 

Add  in  the  fifth  line,  Section  1,  after  the  word  "value'' 
■"and  no  license  or  other  tax  shall  ever  be  imposed  for 


Constitutional  Convention.  455 

the  inspection  of  any  article  of  merchandise  used  for 
fertilizer." 

Mr.  Espy  offered  the  following  amendment  to  the 
:amenment  offered  by  Mr.  Samford: 

Amend  amendment  so  as  to  read  as  follows :  And 
after  September  1st,  1903,  no  license  or  other  tax  shall 
€ver  be  levied  or  collected  for  the  inspection  of  any  arti- 
cle of  merchandise  used  for  fertilizer,  in  excess  of  10 
-cents  per  ton. 

Mr.  Palmer  moved  to  table  the  pending  amendment. 

RECESS. 

Pending  the  furtlier  consideration  of  tlie  motion  of 
Mr.  Palmer,  the  hour  of  1  o'clock  arrived  and  under 
the  rules,  the  Convention  recessed  until  3  o'clock  this 
afternoon. 


AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
roll  call. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Browne, 

Ashcraft,  Bulger, 

Banks,  '  Burnett, 

Barefleld,  Burns, 

Beavers,  Byars, 

Beddow,  Cardon, 

Bethune,  Carmichael  (Colbert), 

Blackwell,  Carmichael  (Coffee), 

Boone,  Carnathon, 

Brooks,  Case, 


456 


Journal  of  Alabama 


Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cur-ningham, 

Davis  (DeKalb), 

Dent, 

deGraffenried, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  ( Talladega ) , 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 


Jones  (Wilcox),. 

King, 

Kirk, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Long  (Bjitler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin),. 

McMillan  (Wilcox), 

Malone, 

Martin, 

^faxwell, 

Merrill, 

Miller  (Marengo). 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore),, 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Kep.«o, 


Constitutional  Convention.  457> 

Eeynolds  (Henry),  Spears, 

Kobinson,  Spragins, 

Kogers  (Lowndes),  Stewart, 

Kogers  (Sumter),  Tajloe, 

Samford,  Thompson, 

Sanders,  Waddell, 

Sanford,  Walker, 

Searcy,  Watts, 

Selheimer,  Weakley, 

Sentell,  White, 

Sloan,  Whiteside, 

Smith  (Mobile),  Williams  (Barbour), 

Smith,  Mac.  A.,  Williams  (Marengo), 

Smith,  Morgan  M.,  AYilson  (Clarke), 

Sollie,  Wilson  (Washington), 

Sorrell,  Winn— 134. 

LEAVE  OF   ABSENCE. 

W^as  granted  to  Messrs.  Thompson  for  Thursday ,> 
Friday  and  Saturday;  and  Jones,  of  Montgomery,  for 
this  afternoon. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the- 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Taxation, 

The  question  being  upon  the  motion  of  Mr.  Palmer  to 
table  the  amendments  offered  to  Section  1  of  said  report. 

By  unanimous  consent  Mr.  Palmer  withdrew  the  mo- 
tion to  table. 

The  amendments  were  discussed  at  length. 

Mr.  Long,  of  Walker,  moved  to  table  the  amendment 
offered  by  Mr.  Samford,  and  the  amendment  to  the- 
amendment  offered  by  Mr.  Espy. 

The  motion  prevailed,  and  the  amendments  were  laid' 
upon  the  table.  Yeas,  68;  nays,  63. 


458 


Journal  of  Alabama 


Messrs.  Asbcraft, 

Beddow, 

Bethune, 

Boone, 

Brooks, 

Browne, 

Burnett, 

Carnathon, 

Cobb, 

Coleman  (Greene), 

Craig, 

deGraffenried, 

Eyster, 

Ferguson, 

Foster, 

Glover, 

Grabam  (Montgomery), 

Grabam  (Talladega). 

Orant, 

Greer  (Perry), 

Harrison, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Wilcox), 

Kirk, 

Kyle, 

I^edbetter, 

Locklin, 

Long  (Walker), 

Lowe  (Jefferson), 

McMillan  (Baldwin), 


YEAS. 

Martin, 

Merrill, 

Miller  (Wilcox), 

Morrisette, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Pillans, 

Pitts, 

Robinson, 

Rogers  (Lowndes), 

Samford, 

Sanders, 

Selbeimer, 

Sentell, 

Smitb  (Mobile), 

Stewart, 

Tavloe, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatberly, 

Williams  (Barbour), 

Williams  ( Marengo ) , 

Wilson  (Clarke). 

Wilson  ( Wasbington )  — 68. 


NAYS. 


Messrs.  Almon, 

Altman, 

Banks, 


Barefield, 

Bartlett, 

Reavers, 


Constitutional  Convention. 


459 


Blackwell, 

Bulger, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Coffee), 

Case, 

Chapman, 

Cofer, 

Coleman  (Walker), 

TJivis  (DeKalb), 

Espy, 

Fitts, 

Fletcher, 

Foshec, 

Freeman, 

Gilmore, 

•Grayson, 

Greer  (Calhoun), 

Haley, 

Hand  ley, 

Heflin  (Chambers), 

Heflin  ^Sandolph), 

Henderson, 

Jones  (Bibb), 

Jones  (Hale), 

Knight, 

Leigh, 

Lowe  (Lawrence), 


Macdonald, 

Malone, 

Maxwell, 

Miller  (Marengo), 

Moody, 

Mulkey, 

Murphree, 

O'Rear, 

Pearce, 

Pliillips, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Henry), 

Rogers  (Sumter), 

Sanford, 

Searcy, 

Sloan, 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Thompson, 

White, 

Whiteside, 

AVinn— 63. 


PAIRS   announced. 


The  following  pairs  were  announced : 

Messrs.  Hinson  and  Carmichael,  of  Colbert ;  Cunning- 
ham and  McMillan,  of  Wilcox.  Messrs.  Hinson  and 
Cunningham  Avould  vote  aye;  and  Messrs.  Carmichael, 
of  Colbert,  and  McMillan,  of  Wilcox,  would  vote  nav. 


motion  to  take  from  the  table. 
Mr.  Samford  changed  his  vote  from  nav  to  ave  and 


460  Journal  of  Alarama 

gave  notice  that  he  would,  ou  to-morrow,  move  to  take 
from  the  table  the  amendments  to  Section  1  of  the  Arti- 
cle XI  reported  by  the  Committee  on  Taxation. 

SECTION  ONE. 

Mr.  White  offered  the  following  amendment  to  Section 
1  of  the  Article  XI,  reported  by  the  Committee  on  Tax- 
ation, which  was  read  at  length : 

Amend  Section  1  of  Article  XI  as  reported  by  the 
Committee  on  Taxation  b}-  adding  after  the  word  "value" 
in  the  fifth  line  of  said  section,  the  following:  "No  tax 
for  inspecting  any  merchandise  or  commodity  shall  be- 
imposed  or  collected  in  excess  of  an  amount  sufficient 
to  pay  for  the  actual  cost  of  the  inspection  thereof." 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  amendment^ 
and  the  Article  XI  reported  by  the  Committee  on  Tax- 
ation, the  hour  of  5  o'clock  p.  m.  arrived,  and  under 
the  rules,  the  Convention  adjourned  until  to-morrow 
morning  at  10  o'clock. 


THIRTY-FIRST  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Thursday,  June  27,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Dr.  Lamar. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Constitutional  Convention. 


461 


Messrs.  President, 

Almon,  , 

Aslicraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Oardon, 

Carmichael  ( Colbert ) , 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cinmingham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Fergusc  n, 

Fitts, 

Fletcher, 

Foshee, 


Foster, 

Fjeeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hend2rson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

King, 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  ( Jefferson ) , 

Macdonald, 


462 


Journal  of  Alabama 


McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Oates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Eeese, 

Reynolds  (Chilton), 

Reynolds  (Henry), 


Robinson, 

Rogers  (Lowndes),. 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

TsLjloe, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherlv, 

White, 

^^lliteside, 

Williams  ( Barbour ) , 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke). 

Wilson  (Washington) 

Winn— 149. 


LEAVE  OF  ABSENCE. 


Was  granted  to  Messrs.  Handley  indefinitely;  Lowe, 
of  Lawrence,  for  to-day  and  to-morrow;  Renfro  for  to- 
day, Friday  and  Saturday;  Jones,  of  Montgomery,  for 
to-day ;  Lomax  for  yesterday ;  Altman  for  to-day ;  Duke 
for  yesterday  afternoon. 


Constitutional  Convention.  463 


REPORT  OF  THE  COMMITTEE  ON   THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  folloAving  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  thirtieth 
day  of  the  Convention  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor^  Chairman. 

RESOLUTIONS. 

The  following  resolutions  were  offered,  severally  read 
one  time  at  length,  and  referred  to  appropriate  com- 
mittees, as  follows : 

Kesolution  No.  195,  by  Mr.  Carmichael,  of  Colbert : 

Resolved  by  the  Convention,  That  the  engrossing  and 
enrolling  clerk  oT  the  Convention  be  and  the  same  is 
hereby  authorized  to  employ  such  assistants  as  may  be 
necessary  to  properl}^  discharge  the  duties  of  that  ofiflce. 
This  resolution  shall  take  effect  on  and  after  the  24th 
day  of  June. 

Resolution  No.  196,  by  Mr.  Watts: 

Be  it  resolved :  That  the  privileges  of  the  floor  of  this 
Convention  are  hereby  extended  to  Alabama's  distin- 
guished son,  Hon.  Hiliary  A.  Herbert,  ex-Secretary  of 
the  Navy. 

Be  it  further  resolved,  That  on  Friday,  the  28th  inst., 
this  Convention  recess  from  12  to  3  p.  m.  instead  of  from 
1  to  3  p.  m.,  and  that  the  Convention  remain  in  session 
until  6  p.  m.  in  order  that  the  Alabama  Bar  Association 
may  have  the  use  of  this  hall  for  the  purpose  of  hearing 
the  address  of  Hon.  Hiliary  A.  Herbert  to  said  associa- 
tion. 

Mr.  Watts  moved  that  the  rules  be  suspended  and 
that  the  resolution  be  adopted. 

The  motion  prevailed,  and  the  rules  were  suspended, 
and  the  resolution  was  adopted. 

Resolution  197,  by  Mr.  Lomax : 

Resolved,  That  the  sum  of  |T.50  be  and  the  same  is 


-464  Journal  of  Alabama 

hereby  appropriated  to  pay  for  stenog-rapliic  work  for 
the  Committee  on  Preamble  and  Declaration  of  Kights. 

The  resolution  was  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 

Resolution  No.  198,  by  Mr.  Ferguson: 

A  greeting  from  the  people  of  Alabama  to  the  people 
of  Cuba: 

Be  it  resolved  by  the  people  of  Alabama,  in  Conven- 
tion assembled.  That  we  extend  our  congratulations  to 
the  people  of  Cuba  upon  the  termination  of  their  woes 
borne  so  grieviously  for  so  many  generations,  and  we 
welcome  them  to  the  great  family  of  self-governing  na- 
tions, and  hope  that  some  day  Cuba,  untrammelled,  and 
of  her  own  free  will,  may  become  our  younger  sister  in 
the  mighty  union  of  States. 

Be  it  further  resolved.  That  the  Department  of  State 
at  Washington  be  and  is  hereby  requested  to  convey 
through  the  proper  official  channels,  this  testimonial 
of  our  good  will  toward  the  people  of  Cuba.  That  the 
same  may  be  laid  before  the  Constitutional  Convention 
of  the  Island  of  Cuba. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  No.  199,  by  Mr.  Howell : 

Resolved,  That  whatever  clerical  assistance  may  be 
necessary  to  be  employed  by  the  enrolling  and  engross- 
ing clerk  of  this  Convention,  it  be  paid  for  at  the  rate 
of  15  cents  per  hundred  words  for  such  assistant  cleri- 
cal work. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Mr.  Carmichael,  of  Colbert,  offered  the  following 
amendment  to  the  resolution  199,  which  was  accepted 
by  the  author  of  said  resolution : 

Enrolling  and  engrossing  clerk  be  authorized  to  em- 
ploy such  clerical  assistance  as  she  needs,  to  be  paid  for 
at  the  rate  of  15  cents  per  100  words. 

Mr.  Howell  moved  that  the  rules  be  suspended  and 
that  the  resolution  be  adopted. 

Mr.  Proctor  moved  to  table  the  resolution. 


Constitutional  Convention.  465 

'The  motion  to  table  Avas  lost. 

Mr.  Howze  moved  to  refer  the  resolution  199  to  the 
^Committee  on  Kules. 

The  motion  prevailed,  and  the  resolution  was  referred 
to  the  Committee  on  Kules. 

MEMORIALS. 

A  memorial  from  the  Sheriffs',  Clerks'  and  Registers' 
Association  of  Alabama  was  read  at  length,  and  the 
same  was,  upon  motion  of  Mr.  Pettus,  referred  to  the 
Committee  on  Executive  Department. 

stenographic  report. 

Mr.  Whiteside  called  the  attention  of  the  Convention 
to  certain  errors  in  the  stenographic  report  of  the  pro- 
ceedings of  the  Convention  of  yesterday. 

The  report  was  ordered  corrected. 

SPECIAL  ORDER. 

Mr.  Fletcher,  chairman  of  the  Committee  on  Banks 
and  Banking,  asked  unanimous  consent  to  have 
the  report  of  the  Committee  on  Banks  and  Bank- 
ing, heretofore  submitted,  set  for  a  special  order 
immediately  after  the  conclusion  of  the  consideration 
of  the  report  of  the  Committee  on  State  and  County 
Bounda  ries. 

Consent  was  granted  and  the  report  of  the  Commttee 
on  Banks  and  Banking  was  made  a  special  order  as 
above  requested. 

KEPORT  OF   standing   COMMITTEES. 
LEGISLATIVE  DEPARTMENT. 

Mr.  Gates,  chairman  of  the  Committee  on  Legislative 
Department,    submitted    the    following    report,    which 
was  read  at  length,  and  placed  upon  the  calendar,  and 
■  300  copies  of  said  report  were  ordered  printed : 

30 


466  Journal  op  Alabama 

report  of  the  committee  on  legislative  department^ 

Mr.  President: 

The  Committee  on  Legislative  Department  instruct 
me  to  report  tlie  accompanying  ordinance  to  supply  the 
place  of  the  article  in  the  present  Constitution  on  the- 
subject. 

Without  deeming  it  necessary  to  report  specially  up- 
on the  numerous  ordinances  and  resolutiojis  referred 
to  it,  the  committee  has  carefully  considered  them,  and 
substantially  embodied  in  the  new  article  a  number  of 
the  propositions  which  they  embrace.  The  ordinance 
herewith  reported  will  show  to  what  extent  their  pro- 
visions have  been  adopted.  These  ordinances  and  reso"- 
lutions  are  herewith  respectfully  returned. 

The  provisions  of  the  following  sections  of  Article 
IV  of  the  present  Constitution  are  recommended  for 
adoption  without  change :  4,  6,  7,  10,  11,  12,  13,  14,  16, 
18,  19,  21,  25,  26,  28,  30,  33,  34,  35,  36,  39,  40,  41,  43,  44, 
47,  48,  50,  51,  53,  55,  and  56  down  to  and  including  Sec- 
tion 7,  they  have  identical  numbers  in  both  articles. 
From  10  to  20  inclusive  the  corresponding  matter  is 
incorporated  in  sections  of  the  new  article,  numbered 
in  each  instance  one  less  than  the  old;  from  25  to  28 
inclusive  three  less,  and  after  28  two  less. 

In   the   following  statement,   the   material   changes 
recommended  by  your  committee  are  set  forth  in  the 
order  to  which  they  relate  to  sections  of  Article  IV  of. 
the  present  Constitution,  as  numbered  therein. 

To  conform  to  the  usual  and  popular  expression,  the 
title  of  the  Legislative  Department  is  changed  in  Sec- 
tion 1  from  "General  Assembly'"  to  "Legislature."  This 
amendment  extends  throughout  the  article. 

By  an  addition  to  Section  2  the  enacting  clause  of  the 
bills,  etc.,  is  not  to  be  repeated,  but  sectional  divisions 
are  to  be  made,  and  designated  by  figures  merely.  This 
is  done  in  the  interest  of  brevity,  and  to  prevent  need- 
less formality  in  the  style  of  enactments. 

Section  3  is  changed  in  the  respect  that  the  terms  of 
Kepresentatives  and  Senators  alike  shall  be  four  years.. 


Constitutional  Convention.  467 

The  provisions  of  Section  9  for  issuance  of  writs  of 
election  by  the  (loveruor  to  fill  vacancies  is  transposed 
to  Section  3.  Provision  is  made  that  Senators  and  Rep- 
resentatives shall  be  elected  by  the  qualified  electors  on 
the  first  Monday  in  August,  1902,  and  every  four  years 
thereafter,  unless  the  Legislature  shall  change  the  time 
of  holding  electons;  and  that  the  terms  of  office  of  both 
Senators  and  Representatives  shall  be  four  years.  How- 
ever, as  the  Senators  from  the  odd  numbered  districts 
have  still  two  years  to  serve,  the  chairnum  of  this  com- 
mittee recommends  that  the  election  of  Senators  in  the 
even  numbered  districts  at  the  general  electirn  in  1902 
shall  be  for  the  term  of  two  years  only,  and  that  there- 
after all  the  Senators  and  Representatives  shall  be 
elected  to  serve  four  years;  and  he  also  recommends 
that  the  Governor,  Lieutenant  Grovernor,  Secretary  of 
State,  Auditor,  Treasurer,  Superintendent  of  Educa- 
tion, Commissioner  of  Agriculture  and  Industries,  the 
Attorney  General,  and  all  the  Judges  and  county  offi- 
cers, including  Sheriffs,  be  elected  at  the  general  elec- 
tion in  19u4,  to  serve  for  four  years,  or,  in  case  of  the 
Judges,  said  Judges  to  serve  for  eight  years,  should  it 
be  deemed  advisable  to  lengthen  their  terms. 

Section  5  is  changed  so  as  to  provide  for  quadrennial 
instead  of  biennial  sessions  of  the  Legislature.  In  view 
of  the  prohibitions  to  be  placed  on  the  legislative  power 
to  pass  local  laws,  there  will  be  hereafter  neither  a  de- 
mand nor  a  necessity  for  biennial  sessions.  The  change 
is  recommended  on  the  additional  grounds  that  it  will 
prevent  hasty  and  ill-advised  attempts  to  repeal  general 
laws  before  they  have  been  long  enough  in  force  to  ad- 
mit of  a  fair  test  of  their  merits,  and  it  will  also  con- 
duce, by  removing  early  opportunity  for  repeal,  to  ma- 
ture and  careful  deliberation  by  the  Legislature.  The 
tendency  to  permanency  of  the  legislative  enactments 
will  be  greatly  increased,  and  much  expense  saved  to 
the  State. 

Section  8  is  amended  so  as  to  add  to  its  present  re- 
quirements, that  the  House,  as  well  as  the  Senate,  shall 
elect  one  of  its  members  Speaker  at  such  times,  other 


468  Journal  of  Alarama 

than  the  beginning  of  the  session  as  may  be  necessary ; 
and  further,  that  in  case  of  temporary  disability  of 
either  presiding  officer,  tlie  House  to  which  he  belongs, 
may  elect,  from  among  its  members,  a  temporary  pre- 
siding officer  to  take  the  place  of  the  regular  one  dur- 
ing the  latter's  disability,  and  to  receive,  during  such 
time,  only  the  compensation  to  which  the  permanent 
officer  is  entitled. 

Section  9  of  the  present  article,  except  the  portion 
transferred  to  Section  3,  as  hereinbefore  indicated,  is 
omitted  from  the  new  article. 

To  prevent  lobbying.  Section  15,  is  amended  so  as  to 
confine  the  privileges  of  the  floor  of  either  or  both 
Houses,  to  members  of  the  Legislature,  officers  and  em- 
ployes of  each  House,  the  Governor  and  his  Secretaries, 
representatives  of  the  press,  and  such  other  persons  as 
to  whom  either  House,  by  unanimous  vote,  may  extend 
the  privileges  of  its  floor. 

Section  17  of  the  new  article,  all  officers,  military  as 
well  as  civil,  are  included  in  the  prohibition  against 
appointment  of  Senators  and  Representatives,  during 
the  term  for  which  they  were  elected,  to  an  office  created 
or  receiving  added  emoluments,  during  such  term. 

To  Section  20  are  added  the  requirements  that  the 
reference  of  bills  therein  provided  for  must  be  to  a 
standing  committee  of  each  House,  that  the  action  of 
such  committees  thereon  must  be  had  in  session,  and 
that  the  facts  of  reference,  action  in  session,  and  re- 
turn must  affirmatively  appear  on  the  Journal  of  each 
House. 

For  Section  22  the  committee  reports  a  substitute, 
emliodying  the  requirements  of  the  present  section,  and 
extending  them  to  all  amendments  in  either  House, 
with  the  added  requirement  that  every  amendment 
must  be  entered  at  length  on  the  Journal  of  the  House 
in  which  the  same  is  adopted. 

The  matters  embraced  in  Sections  23  and  24  are  fully 
covered  by  the  report  of  the  Committee  on  Local  Legis- 
lation and  the  report  supplementary  thereto  heretofore 
made  by  this  committee. 


Constitutional   Convention.  4G9' 

To  Section  27  are  added  the  requireinents  that  im- 
mediately before  being  signed  by  the  respective  pre- 
siding officers,  every  bill  shall  be  read  at  length,  and 
the  fact  of  such  reading  and  signing  entered  on  the 
Journals,  but  that  the  reading  may  be  dispensed  with 
by  two-thirds  of  a  quorum  present,  which  shall  be  en- 
tered on  the  Journal. 

The  operation  of  Section  29  is  enlarged  to  expressly 
prohibit  any  county  or  municipalit}'  from  increasing^ 
the  pay  of  officers,  employes,  or  contractors,  after  serv- 
ice rendered  or  contract  made. 

To  Section  31,  relating  to  the  origin  of  revenue  bills, 
is  added  a  requirement  that  at  the  beginning  of  each 
regular  session  the  Governor,  Auditor,  Treasurer,  and 
Attorney  General  shall  have  prepared  a  general  revenue 
bill,  to  be  printed  by  the  Secretary  of  State,  and  by  the 
Governor  laid  before  the  House  as  soon  as  organized. 
This  is  deemed  advisable  in  aid  of  the  Legislature.  A 
prohibition  is  added  that  no  revenue  bill  is  to  be  passed 
during  the  last  five  days  of  the  session,  the  object  being^ 
to  avoid  hasty  legislation  on  matters  of  such  moment, 
and  allow  the  Governor  ample  time  to  consider  such 
bills. 

By  the  amendation  of  Section  32,  no  salary  is  to  be 
increased  by  the  general  appropriation  l)ill  and  no  ap- 
propriation made  for  any  officer  or  employe,  unless  his 
employment  and  the  amount  of  his  salary  have  already 
been  provided  for  by  law. 

To  Section  37  is  added  a  provision  that  by  a  two- 
thirds  vote  of  each  House,  the  Legislature,  when  con- 
vened in  extra  session,  may  legislate  upon  subjects 
other  than  those  designated  in  the  calling  proclamation 
of  the  Governor. 

To  the  existing  provisions  of  Section  42  are  added 
amendments,  which  make  the  offense  of  corrupt  solici- 
tation of  members  of  the  Legislature  and  other  officers 
therein  designated,  punishable  by  imprisonment  in  the 
penitentiary,  and  which  require  the  Legislature  to  pro- 
vide : 


470  Journal  of  Alabama 

First — For  the  trial  and  punishment  of  these  and 
like  otTenses;  and 

Second — For  the  same  to  be  given  in  charge  to  the 
Grand  Juries  in  all  the  counties  of  the  State. 

Section  46  is  changed  in  conformity  to  less  frequent 
sessions  of  the  Legislature,  so  as  to  require  a  codifica- 
tion of  the  statutes  following  that  next  after  ratifica- 
tion of  this  instrument,  once  every  twelve  instead  of 
ten  years. 

By  addition  to  Section  49,  it  is  made  the  duty  of  the 
Legislature  to  require  the  several  counties  to  make  ade- 
quate provisions  for  indigent  idiots  and  insane  persons. 

From  Section  52  the  committee  has  struck  out  the 
prohibition  against  the  power  to  tax  i^roperty  of  agri- 
cultural or  horticultural  associations,  so  as  to  allow  the 
Legislature  to  imj^ose  a  tax  upon  such  property.  This 
section  is  further  changed  so  as  to  confine  the  prohibi- 
tion against  taxing  school  property  to  that  of  public 
schools. 

The  prohibitions  of  Section  54  are  modified  to  the 
extent  of  permitting  the  State  to  construct  and  own  a 
railroad  within  its  borders.  This  nmy  become  neces- 
sary to  relieve  the  people  from  trusts  or  monopolies,  or 
from  unreasonable  exactions  on  freights  and  passen- 
gers. 

Your  committee  recommend  a  number  of  new  sections 
•which  are  restrictive  on  legislative  power,  namely : 

Against  enacting  laws  for  one  or  more  counties,  not 
applicable  to  -ill  counties  in  the  State;  regulating  costs 
and  charges  of  courts  and  fees  of  officers ; 

Against  aut^^orizing  payment  of  the  salary  of  a  de- 
ceased officer  beyond  the  date  of  his  death ; 

Against  retiring  any  officer  on  pay,  or  part  pay,  or 
making  any  grant  to  such  retiring  officer ; 

Against  donating,  directly  or  indirectly,  lands  owned 
by  or  under  the  control  of  the  State,  nnd  auainst  sell- 
ing such  lands  to  corporations  or  associations  for  less 
price  than  subject  to  sale  to  individuals; 

Against  the  remittance,  release,  postponement,  di- 
minution or  extiniiuishment  of  any  obligation  or  lia- 


Constitutional  Convention.  471 

bility  of  any  persons,  corporation,  or  association  to  tliis 
State,  or  to  any  political  subdivision  thereof,  unless 
upon  paj^ment  into  the  proper  treasury,  except  that  the 
Legislature  is  authorized,  by  general  law,  to  provide 
for  the  compromise  of  doubtful  claims. 

These  prohibitions  are  comprised  in  Sections  55  to 
59,  both  inclusive,  of  the  article  herewith  reported. 

Your  committee  also  report  other  new  provisions  as 
follows : 

Sec.  27.  Limiting  aggregate  appropriations  during 
any  regular  session  of  the  Legislature  to  the  income 
from  the  revenues  of  the  State  for  the  current  fiscal 
year,  as  estimated  by  the  Governor  and  Auditor. 

Sec.  60.  Requiring  the  Legislature  to  provide,  by  gen- 
eral laws,  for  location  or  removal  of  county  seats  by  a 
vote  of  the  people. 

Sec.  .61.  Prohibiting  State  or  County  officials  from 
lol)bying,  or  otlierwise  interfering  with  the  usual  course 
of  legislation. 

Sec.  62.  Prohibits  the  Legislature  from  ever  author- 
izing miscegenation,  by  intermarriage  of  any  white  per- 
son with  a  negro,  or  descendant  thereof,  to  the  third 
generation  inclusive.  This  is  recommended,  looking  to 
the  preservation  of  the  purity  of  blood  of  each  of  the 
races. 

Section  63  is  a  new  section  requiring  the  Legislature 
to  pass  efficient  laws  for  the  regulation  and  reasonable 
restraint  of  trusts,  monopolies  and  combinations  of 
capital,  so  as  to  protect  the  people  against  exorbitant 
prices  upon  articles  of  necessity,  and  to  protect  reason- 
able competition  in  any  calling,  trade,  or  business. 

Sec.  64.  Prescribing  a  new  and  more  appropriate 
oath  of  office,  to  be  administered  to  Senators  and  Repre- 
sentatives, than  the  one  which  they  now  take. 

Respectfully  submitted, 

William  C.  Gates,  Chairman. 

An  ordinance  to  create  and  define  the  Legislative  De- 
partment. 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled.  That  Article  IV  of  the  Constitution  be 


472  Journal  of  Alabama > 

stricken  out,  and  the  following  article  inserted  in  lieu, 
thereof : 

ARTICLE  — 

LEGISLATIVE   DEPARTMENT. 

Section  1.  The  legislative  power  of  this  State  shall 
be  vested  in  a  Legislature,  which  shall  consist  of  a  Sen- 
ate and  House  of  Kepresentatives. 

Sec.  2.  The  style  of  the  laws  of  this  State  shall  be : 
"Be  it  enacted  by  the  Legislature  of  Alabama,"  which 
shall  not  be  repeated,  but  the  act  shall  be  divided  into 
sections  for  convenience,  according  to  substance,  and 
the  sections  designated  merely  by  figures. 

Each  law  shall  contain  but  one  subject,  which  shall 
be  clearly  expressed  in  its  title,  except  general  appro- 
priation bills,  general  revenue  bills,  and  bills  adopting 
a  code,  digest,  or  revision  of  statute;  and  no  law  shall 
be  revived,  amended  or  the  provisions  thereof  extended 
or  conferred,  by  reference  to  its  title  only ;  but  so  much 
thereof  as  is  revived,  amended,  extended,  or  conferred, 
shall  be  reenacted  and  published  at  length. 

Sec.  3.  Senators  and  Kepresentatives  shall  be  elected, 
by  the  qualified  electors  on  the  first  Monday  in  August, 
nineteen  hundred  and  two,  and  every  four  years 
thereafter,  unless  the  Legislature  shall  change  the  time 
of  holding  elections ;  the  tenns  of  office  of  the  Senators 
and  Representatives  shall  be  four  years,  commencing  on 
the  day  after  the  general  election,  except  as  otherwise' 
provided  in  this  Constitution.  Whenever  a  vacancy 
shall  occur  in  either  House  the  Governor  shall  issue  a 
writ  of  election  to  fill  such  vacancy  for  the  remainder 
of  the  term. 

Sec.  4.  Senators  shall  be  at  least  twenty-seven  years 
of  age,  and  Representatives  tAventy-one  years  of  age; 
they  shall  have  been  citizens  and  inhabitants  of  their 
respective  counties  or  districts  one  year  next  before 
their  election,  if  such  county  or  district  shall  have  been 
so  long  established;  but  if  not,  then  of  the  county  or- 


Constitutional  Convention.  473 

district  from  which  the  same  shall  have  been  taken; 
and  they  shall  reside  in  their  respective  counties  or  dis- 
tricts during  their  terms  of  service. 

Sec.  5.  The  Legislature  shall  meet  quadrennially,  at 
the  Capitol  in  the  Senate  Chamber  and  in  the  Hall  of 
the  House  of  Kepresentatives,  (except  in  cases  of  the 
destruction  of  the  Capitol,  or  epidemics,  when  the  Gov- 
ernor may  convene  them  at  such  place  in  the  State  as 
he  may  deem  best),  on  the  day  specified  in  this  Consti- 
tution, or  on  such  other  day  as  may  be  prescribed  by 
law;  and  shall  not  remain  in  session  longer  than  sixty 
days  at  the  first  session  held  under  this  Constitution, 
nor  longer  than  fifty  days  at  any  subsequent  session. 

Sec.  0.  The  pa}^  of  members  of  the  Legislature  shall 
be  four  dollars  per  day  and  10  cents  iDer  mile  in  going 
to  and  returning  from  the  seat  of  government,  to  be 
computed  by  the  nearest  usual  route  traveled. 

Sec.  7.  The  Legislature  shall  consist  of  not  more 
than  thirty-three  Senators,  and  not  more  than  one  hun- 
dred members  of  the  House  of  Representatives;  to  be 
apportioned  among  the  several  districts  as  prescribed 
in  this  Constitution ;  provided,  that  upon  the  creation 
of  any  new  county  it  shall  be  entitled  to  one  Kepresen- 
tative  in  addition  to  the  number  above  named. 

Sec.  8.  The  Senate,  at  the  beginning  of  each  regular 
session,  at  at  such  other  times  as  may  be  necessary, 
shall  elect  one  of  its  members  President  thereof,  to  pre- 
side over  the  deliberations  in  the  absence  of  the  Lieuten- 
ant (xovruor;  and  the  House  of  Representatives,  at  the 
beginning  of  each  regular  session,  and  at  such  other 
time  as  may  be  necessary,  shall  elect  one  of  its  mem- 
bers as  Speaker;  and  the  President  of  the  Senate  and 
the  Speaker  of  the  House  of  Representatives  shall  hold 
their  offices  respectively  until  their  successors  are 
elected  and  qualified.  In  case  of  temporary  disability 
of  either  of  said  presiding  officers,  the  House  to  which 
he  belongs  may  elect  one  of  its  members  to  preside  over 
that  House  and  to  perform  all  the  duties  of  such  officer 
under  disabilitv  during  the  continuance  of  the  same; 
and  such  temporary  officer,  while  performing  duty  as; 


-474  Journal  of  Alabama 

such,  shall  receive  only  the  same  compensation  to  whicTi 
the  permanent  officer  is  entitled  by  laAy.  Each  House 
shall  choose  its  o^yn  officers  and.  shall  judge  of  the  elec- 
tion, returns  and  qualifications  of  its  members. 

Sec.  9.  A  majority  of  each  House  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  ad- 
journ from  day  to  day  and  may  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such  pen- 
alties as  each  House  may  proyide. 

Sec.  10.  Each  House  shall  haye  power  to  determine 
the  rules  of  its  proceedings  and  to  punish  its  members 
or  other  persons,  for  contempt  or  disorderly  behavior 
in  its  presence;  to  enforce  the  obedience  to  its  process; 
to  protect  its  members  against  yiolence,  or  offers  of 
bribe  or  corrupt  solicitation;  and  ^vith  the  concurrence 
of  t\vo-thirds  of  either  House,  to  expel  a  member,  but 
not  a  second  time  for  the  same  offense;  and  shall  have 
all  the  po\yers  necessary  for  the  Legislature  of  a  free 
State. 

Sec.  11.  A  member  of  either  House  expelled  for  cor- 
ruption shall  not  thereafter  be  eligible  to  either  House, 
and  punishment  for  contempt  or  disorderly  behavior 
shall  not  be  an  indictment  for  tbe  same  offense. 

Sec.  12.  Each  House  shall  keep  a  Journal  of  its  pro- 
ceedings and  cause  the  same  to  be  published  immediate- 
ly after  its  adjournment,  excej)ting  such  parts  as,  in  its 
judgment,  may  require  secrecy;  and  the  yeas  and  nays 
of  the  members  of  either  House  on  any  question  shall, 
at  the  desire  of  one-tenth  of  the  members  present,  be 
entered  on  the  Journal.  Any  member  of  either  House 
shall  have  liberty  to  dissent  from  or  protest  against  any 
act  or  resolution  which  he  may  think  injurious  to  the 
public,  or  an  individual,  and  have  the  reasons  for  his 
dissent  entered  on  the  Journal. 

Sec.  13.  Members  of  the  Legislature  shall,  in  all 
cases,  except  treason,  felony,  violation  of  their  oath  of 
office,  and  breach  of  the  peace,  be  privileged  from  ar- 
rest during  their  attendance  at  the  session  of  their  re- 
spective Houses,  and  in  going  to  and  returning  from  the 
same;  and  for  any  speech  or  debate  in  either  House 


Constitutional  Convention.  475 

the}'  shall  not  be  qiiestioued  in  an}-  other  place. 

See.  14.  The  doors  of  each  House  shall  be  opened  ex- 
cept on  such  occasions  as,  in  the  opinion  of  the  House, 
may  require  secrecy,  but  no  person  shall  be  admitted  to 
-the  floor  of  either  House  while  the  same  is  in  session, 
except  members  of  the  Legislature,  the  officers  and  em- 
ployes of  the  two  Houses,  the  G'overnor  and  his  secre- 
taries, representatives  of  the  press,  and  such  other  per- 
sons to  whom  either  House,  "bv  unanimous  vote,  may  ex- 
tend the  privileges  of  its  floor. 

Sec.  15.  Neither  House  shall,  without  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  tbat  in  which  they  ma}'  be  sitting. 

Sec.  16.  No  Senator  or  Representative  shall,  during 
the  term  for  which  he  shall  have  been  elected,  be  ap- 
pointed to  any  ofhce  of  profit  under  this  State,  which 
shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased  during  such  term,  except  such 
offices  as  may  be  filled  by  election  by  the  people. 

Sec.  17.  No  person  hereafter  convicted  of  embezzle- 
ment of  the  public  money,  bribery,  perjury,  or  other  in- 
famous crime,  shall  be  eligible  to  the  Legislature,  or 
capable  of  holding  any  office  of  trust  or  profit  in  this 
State. 

Sec.  18.  No  law  shall  be  passed  except  by  bill,  and 
no  bill  shall  be  so  altered  or  amended  on  its  passage 
through  either  House  as  to  change  its  original  purpose. 

Sec,  19.  No  bill  shall  become  a  law  until  it  shall  have 
been  referred  to  a  standing  committee  of  each  House, 
acted  upon  by  the  committees  in  session,  and  returned 
therefrom,  which  fact  shall  affirmatively  appear  upon 
the  Journal  of  each  House. 

Sec.  20.  Every  bill  shall  be  read  on  three  different 
•days  in  each  House,  and  no  bill  shall  become  a  law  un- 
less on  its  final  passage  it  be  read  at  length,  and  the 
vote  be  taken  by  yeas  and  nays,  the  names  of  the  mem- 
bers voting  for  and  against  the  same  to  be  entered  on 
the  Journal,  and  a  majority  of  each  House  be  recorded 
thereon  as  voting  in  its  favor,  except  as  otherwise  pro- 
Tided  in  this  Constitution. 


476  Journal  of  Alarama 

Sec.  21.  No  amendment  to  bills  shall  be  adopted  ex- 
cept by  a  majority  of  the  House  wherein  the  same  is 
offered,  nor  unless  the  amendment  with  the  name  of 
those  voting  for  and  against  the  same  shall  be  entered 
at  length  on  the  Journal  of  the  House  in  which  the 
same  is  adopted,  and  no  amendment  to  bills  hj  one 
House  shall  be  concurred  in  by  the  other,  unless  by  a 
vote  taken  by  yeas  and  nays,  and  the  names  of  the  mem- 
bers voting  for  and  against  the  same  be  recorded  at 
length  on  the  Journal ;  and  no  report  of  a  committee  of 
conference  shall  be  adopted  in  either  House,  except  upon 
a  vote  taken  by  yeas  and  nays,  and  entered  on  the  Jour- 
nal, as  herein  provided  for  adoption  of  amendments. 

Sec.  22.  The  Legislature  shall  pass  general  laws 
under  which  local  and  private  interests  shall  be  pro- 
vided for  and  protected. 

Sec.  23.  The  Legislature  shall  have  no  power  to 
authorize  lotteries  or  gift  enterprises  for  any  purpose, 
and  shall  pass  laws  to  prohibit  the  sale  of  lottery  or  gift 
enterprise  tickets,  or  tickets  in  any  scheme  in  the  nature 
of  a  lottery,  in  this  State;  and  all  acts,  or  parts  of  acts 
heretofore  passed  by  the  Legislature  of  this  State^ 
authorizing  a  lottery  or  lotteries  and  all  acts  amenda- 
tory thereof,  or  supplemental  thereto,  are  hereby 
avoided. 

Sec.  24.  The  presiding  officer  of  each  House  shall,  in 
the  presence  of  the  House  over  which  he  presides,  sign 
all  bills  and  joint  resolutions  passed  by  the  Legislature, 
after  the  same  shall  have  been  publicly  read  at  length, 
immediately  before  the  signing,  and  the  fact  of  reading 
and  signing  shall  be  entered  upon  the  Journal ;  but  the 
reading  at  length  may  be  dispensed  with  by  a  two-thirds 
vote  of  a  (luorum  present,  which  fact  shall  also  be  en- 
tered on  the  Journal. 

Sec.  25.  The  Legislature  shall  prescribe  the  nundier, 
duties  and  compensation  of  the  officers  and  employes 
of  each  House,  and  no  payment  shall  be  made  from  the 
State  Treasury  or  be  in  any  way  authorized  to  any  per- 
son except  to  an  acting  officer  or  employe  elected  or 
appointed  in  pursuance  of  law. 


Constitutional  Convention.  477 

Sec.  26.  The  Legislature  shall  have  no  power  to  grant 
•or  to  authorize  or  require  an}'  county  or  municipal 
authority  to  grant,  nor  shall  any  county  or  municipal 
authority  have  power  to  grant  any  extra  compensation, 
fee,  or  allowance  to  any  public  officer,  servant,  or  em- 
ploye, agent  or  contractor,  after  services  shall  have  been 
rendered  or  contract  made;  nor  shall  any  officer  of  the 
State  bind  the  State  to  the  payment  of  am-  sum  of 
money  but  by  authority  of  law. 

Sec.  27.  During  any  regular  session  of  the  Legislat- 
ure the  aggregate  appropriations  made  shall  not  exceed 
in  amount  the  income  from  the  revenues  of  the  State  for 
the  current  fiscal  year,  as  estimated  by  the  Governor 
and  Auditor. 

Sec.  28.  All  stationery,  printing,  paper  and  fuel  used 
in  the  legislative  and  other  departments  of  government 
shall  be  furnished  and  the  printing  and  distribution  of 
laws.  Journals,  department  reports  and  all  other  print- 
ing and  binding  and  repairing  and  furnishing  the  halls 
and  rooms  used  for  the  meeting  of  the  Legislature  and 
its  committees,  shall  be  performed  under  contract,  to 
be  given  to  the  lowest  responsible  bidder  below  a  maxi- 
mum price,  and  under  such  regulations  as  shall  be  pre- 
scribed by  law ;  no  member  or  officer  of  any  department 
of  the  government  shall  be  in  any  way  interested  in  such 
contracts,  and  all  such  contracts  shall  be  subject  to  the 
the  approval  of  the  Governor,  Auditor  and  Treasurer. 

Sec.  29.  All  bills  for  raising  revenue  shall  originate 
in  the  House  of  Kepresentatives ;  but  the  Governor, 
Auditor,  Treasurer  and  Attorney  General  shall,  before 
each  regular  session  of  the  Legislature,  prepare  a  gen- 
eral revenue  bill,  to  be  submitted  to  the  Legislature  for 
its  action,  and  the  Secretary  of  State  shall  Imve  printed 
for  the  use  of  the  Legislature  a  sufficient  number  of 
copies  of  the  bill  so  prepared  which  the  Governor  shall 
transmit  to  the  House  of  Representatives  as  soon  as  or- 
ganized. The  Senate  may  propose  amendments  to  reve- 
nue bills.  No  appropriation  or  revenue  bill  shall  be 
passed  during  the  last  five  days  of  the  session.- 

Sec.   30.     The  general   appropriation   bill   shall   em- 


478  Journal  of  Alarama, 

brace  notliiug  but  ai)propriations  for  the  ordinar}-  ex- 
penses of  the  Executive,  Legislative  and  Judicial  de- 
partments of  the  t^tate,  interest  on  the  public  debt,  and 
for  the  public  schools.  The  salary  of  no  officer  or  em- 
plo3^e  shall  be  increased  in  such  bill,  nor  shall  an^'  ap- 
propriation be  made  for  any  officer  or  employe  unless 
his  employment  and  the  amount  of  his  salary  have  al- 
ready been  provided  for  by  law.  All  other  appropria- 
tions shall  be  made  by  separate  bill,  and  each  embrac- 
ing but  one  subject. 

Sec.  31.  No  money  shall  be  paid  out  of  the  Treasury 
except  upon  appropriation  made  by  law,  and  on  war- 
rant drawn  by  the  proper  officer  in  pursuance  thereof; 
and  a  regular  statement  and  account  of  receipts  and  ex- 
penditures of  all  public  moneys  shall  be  published  an- 
nually, in  such  manner  as  may  be  by  law  directed. 

Sec.  32.  No  appropriation  shall  be  made  to  any 
charitable  or  educational  institution  not  under  the  ab- 
solute control  of  the  State,  other  than  normal  schools 
established  l)y  law  for  the  professional  training .  of 
teachers  for  the  public  schools  of  the  State,  except  by 
vote  of  two-thirds  of  all  members  elected  to  each  House. 

Sec.  33.  No  act  of  the  Legislature  shall  authorize 
the  investment  of  any  trust  fund  by  executors,  adminis- 
trators, guardians  and  other  trustees  in  the  bonds  or 
stock  of  any  private  corporation;  and  any  such  acts 
now  existing  are  avoided,  saving  investments  hereto- 
fore made. 

Sec.  34.  The  power  to  change  the  venue  in  civil  and 
criminal  cases  is  vested  in  the  courts,  to  be  exercised  in 
such  manner  as  shall  be  provided  by  law. 

Sec.  35.  When  the  Legislature  sh.all  be  convened  in 
special  session  there  shall  be  no  leoislation  upon  sub- 
jects other  than  those  designated  in  the  proclamation  of 
the  Governor  calling  such  session,  except  by  a  vote  of 
two-thirds  of  each  House. 

Sec.  36.  No  State  office  shall  be  continued  or  created  for 
the  inspection  or  measuring  of  any  merchandise,  manu- 
factured or  commodity,  but  any  county  or  municipnlitv 
may  appoint  such  officers  when  authorized  by  law. 


Constitutional  Convention.  479- 

Sec.  37.  No  act  of  the  Legislature  changing  the  seat 
of  governnient  of  the  State  shall  become  a  law  until  the 
same  shall  have  been  submitted  to  the  qualified  electors 
of  the  State  at  a  general  election,  and  approved  by  a 
majorit}^  of  such  electors  voting  on  the  same ;  and  such 
act  shall  specify  the  proposed  neAv  location. 

Sec.  38.  A  member  of  the  Legislature  who  shall  cor- 
ruptly solicit,  demand  or  receive,  or  consent  to  receive, 
directly  or  indirectly,  for  himself  or  for  another,  from 
any  coinpan}^,  corporation  or  person,  any  money  office, 
appointment,  employment,  reward,  thing  of  value,  or 
enjoyment,  or  personal  advantage  or  promise  thereof, 
for  his  vote  or  official  influence  or  for  withholding  the 
same,  or  with  an  understanding,  expressed  or  implied, 
that  his  vote  or  official  action  shall  in  any  way  be  in- 
fluenced, thereby;  or  who  shall  solicit  or  demand  any 
such  money  or  other  advantage,  matter  or  thing  afore- 
said, for  another  as  the  consideration  of  his  vote  or  offi- 
cial influence,  or  for  withholding  the  same;  or  shall 
give  or  withhold  his  vote  or  influence  in  consideration 
of  the  payments  or  promise  of  such  money,  advantage, 
matter  or  thing  to  another,  shall  be  guilty  of  bribery 
within  the  meaning  of  this  Constitution  ;  and  shall  incur 
the  disabilities  provided  thereby  for  such  offense,  and 
such  additional  punishment  as  is  or  shall  be  provided 
by  law. 

Sec.  39.  Any  person  who  shall  directly  or  indirectly 
offer,  give  or  promise  any  money,  or  thing  of  value,  tes- 
timonial, privilege,  or  personal  advantage,  to  any  exe- 
cutive or  judicial  officer  or  member  of  the  Legislature 
to  influence  him  in  the  performance  of  any  of  his  public 
or  official  duties,  shall  be  guilty  of  bribery  and  be  pun- 
ished in  such  manner  as  shall  be  provided  by  law. 

Sec.  40.  The  offence  of  corrupt  solicitation  of  mem- 
bers of  the  Legislature  or  of  public  officers  of  this  State 
or  of  any  municipal  division  thereof,  and  any  occu- 
pation or  practice  of  solicitation  of  such  meml)ers  or 
officers,  to  influence  their  official  action,  shall  be  defined 
by  law,  and  shall  be  punished  by  fine  and  imprisonment 
in  the  penitentiary;  and  the  Legislature  shall  provide 


480  Journal  of  Alarama 

for  the  trial  and  punishment  of  the  offenses  enumerated 
in  the  two  preceding  sections,  and  shall  require  the 
Judges  to  give  the  same  specially  in  charge  to  the  Grand 
Juries  in  all  the  counties  of  this  State. 

Sec,  41.  A  member  of  the  Legislature  who  has  a  per- 
sonal or  private  interest  in  any  measure  or  bill,  pro- 
posed or  pending  before  the  Legislature,  shall  disclose 
the  fact  to  the  House  of  which  he  is  a  member,  and  shall 
not  vote  thereon. 

Sec.  42.  In  all  elections  by  the  Legislature,  the  mem- 
bers shall  vote  viva  voce,  and  the  votes  shall  be  entered 
on  the  Journals. 

Sec.  43.  It  shall  be  the  duty  of  the  Legislature  to 
pass  such  laws  as  may  be  necessary  and  proper  to  decide 
-differences  by  arbitrators,  to  be  appointed  by  the  par- 
ties, who  may  choose  that  mode  of  adjustment. 

Sec.  44.  It  shall  be  the  duty  of  the  Legislature,  at 
its  first  session  after  the  ratification  of  this  Constitu- 
tion, and  within  every  subsequent  period  of  twelve 
years,  to  make  provision  by  law  for  the  revision,  digest- 
ing and  promulgation  of  the  public  statutes  of  this 
State,  of  a  general  nature,  both  civil  and  criminal. 

Sec.  45.  The  Legislature  shall  pass  such  penal  laws 
as  they  may  deem  expedient,  to  suppress  the  evil  prac- 
tice of  dueling. 

Sec.  46.  It  shall  be  the  duty  of  the  Legislature  to 
Tegulate  by  law  the  cases  in  which  deduction  shall  be 
made  from  the  salaries  of  public  ofKicers  for  neglect  of 
duty  in  their  ofiticial  capacities,  and  the  amount  of  such 
deduction. 

Sec.  47.  It  shall  be  the  duty  of  the  Legislature  to  re- 
quire the  several  counties  of  this  State  to  make  ade- 
quate provision  for  the  maintenance  of  the  poor,  indi- 
gent, idiots  and  insane  persons. 

Sec.  48.  The  Legislature  shall  not  have  power  to 
authorize  any  municipal  corporations  to  pass  any  laws 
inconsistent  with  the  general  laws  of  this  State. 

Sec.  49.  In  the  event  of  annexation  of  any  foreign 
territory  to  this  State,  the  Legislature  shall  enact  laws 
extending  to  the  inhabitants  of  the  acquired  territory 


Constitutional  Convention.  481 

all  the  rijj^lits  and  privilei>es  which  mar  be  required  by 
the  terms  of  the  ac(]iiisiti(»n,  aiiythiiiii  in  this  Constitu- 
tion to  the  contrary  notwithstanding. 

Sec.  50.  The  Legislature  shall  not  tax  the  property, 
real  or  personal,  of  the  State,  counties  or  other  muni- 
cipal corporations,  or  cemeteries;  nor  lots  in  incorpor- 
ated cities  or  towns,  or  within  one  mile  of  any  city  or 
town,  to  the  extent  of  one  acre,  nor  lots  one  mile  or  more 
distant  from  such  cities  or  towns,  to  the  extent  of  five 
acres,  with  the  buildings  there(»n,  when  the  same  are 
used  exclusively  for  religious  worship,  for  public  schools 
or  for  purposes  purely  charitable. 

Sec.  51.  The  Legislature  shall,  by  law,  prescribe  such 
rules  and  regulations  as  may  be  necessary  to  ascertain 
the  value  of  personal  and  real  property,  exempted  from 
sale  under  legal  process  by  this  Constitution ;  and  to 
secure  the  same  to  the  claimant  thereof  as  selected. 

Sec.  52.  The  State  may  construct  and  own  works  of 
internal  improvement,  having  for  their  object  the  con- 
vej^ance  or  transportation  of  passengers  and  freiijht,  but 
shall  not  sell  or  mortgage  such  improvement,  nor  lend 
its  money  or  credit  in  aid  of  such ;  nor  shall  the  State 
be  interested  in  any  private  or  corporate  enterprise,  or 
lend  money  or  its  credit  to  any  individual,  association 
or  corporation. 

Sec.  53.  The  Legislature  shall  have  no  ])ower  to 
authorize  any  county,  city,  town  or  other  subdivision  of 
this  State  to  lend  its  credit,  or  to  grant  public  money 
or  thing  of  value,  in  aid  of,  or  to  any  individual,  asso- 
ciation or  corporation  whatsoever,  or  to  become  a  stock- 
holder in  any  such  corporation,  association,  or  comi)any 
by  issuing  bonds  or  otherwise. 

Sec.  54.  There  can  be  no  law  of  this  State  impairing 
the  obligation  of  contracts  by  destroying  or  impairing 
the  remedy  for  their  enforcement;  and  the  Legislature 
shall  have  no  power  to  revive  any  right  or  remedy  which 
may  have  become  barred  by  lap.^e  of  time,  or  by  any 
statute  of  this  State. 

Sec.  55.  The  Legislature  shall  not  enact  any  law  for 
(one  or  more  counties  not  api^licable  to  all  the  counties 

.31 


482  Journal  of  Alabama 

in  the  State;  increasing  the  uniform  eliarge  for  the- 
registration  of  deeds  and  conveyances  or  regulating 
costs  and  cliarges  of  courts,  or  fees,  commissions  or  al- 
lowances of  public  officers. 

Sec.  56.  The  Legislature  shall  not  authorize  payment 
to  an}^  person  of  the  salary  of  a  deceased  officer  beyond 
the  date  of  his  death. 

Sec.  57.  The  Legislature  shall  not  retire  any  officer 
on  pay,  or  part  pay,  or  make  any  grant  to  such  retiring 
officer. 

Sec.  58.  Lands  belonging  to,  or  under  the  control  of 
the  State  shall  never  he  donated  directly  or  indirectly 
to  private  corporations  or  individuals,  or  railroad  com- 
panies; nor  shall  such  lands  be  sold  to  corporations  or 
associations  for  a  less  price  than  that  for  which  it  is 
subject  to  sale  to  individuals;  provided,  that  nothing 
contained  in  this  section  shall  prevent  the  Legislature 
from  granting  a  right  of  way,  not  exceeding  100  feet  in 
width,  as  a  mere  easement,  to  railroads  across  State 
land,  and  the  Legislature  shall  never  dispose  of  the 
land  covered  by  said  right  of  way,  except  subject  to  said 
easement. 

Sec.  59.  No  obligation  or  liability  of  any  person,  as- 
sociation or  corporation  held  or  owned  by  this  State, 
or  by  any  county,  or  other  municipality  thereof,  shall 
ever  be  remitted,  released,  or  postponed,  or  in  any  way 
diminished,  by  the  Legislature;  nor  shall  such  liability 
or  obligation  be  extinguished  except  by  payment  there- 
of into  the  proper  treasury ;  nor  shall  such  liability,  or 
obligation  be  exchanged  or  transferred  except  upon 
payment  of  its  face  value;  provided,  that  this  section 
shall  not  prevent  the  Legislature  from  providing,  b}^ 
general  law,  for  the  compromise  of  doubtful  claims. 

Sec.  60.  The  Legislature  shall  provide,  by  general 
laws,  for  the  location  or  removal  of  county  seats  by  a 
vote  of  the  people  of  the  county  to  be  affected. 

Sec.  61.  No  State  or  county  official  shall,  at  any 
time  during  his  term  of  office,  accept,  either  directly  or 
indirectly,  any  fee,  money,  office,  a])pointment,  em])loy- 
ment,  reward  or  thing  of  value,  or  of  personal  advan- 


Constitutional  Convention.  483 

tage,  or  the  promise  thereof,  to  lobby  for  or  against  any 
measure  pending  before  the  Legislature,  or  to  give  or 
withhold  his  influence  to  secure  the  passage  or  defeat 
of  any  such  measure. 

Sec.  62.  The  Legislature  shall  never  pass  any  law  to 
authorize  or  legalize  any  marriage  of  any  white  person 
and  a  negro  or  descendant  of  a  negro  to  the  third  gene- 
ration inclusive,  though  one  ancestor  of  each  generation 
be  a  white  person. 

Sec.  63.  The  Legislature  shall  provide  by  law  for  the 
regulation  and  reasonable  restraint  of  trusts,  monopolies 
and  combinations  of  capital,  so  as  to  prevent  them  from 
making,  by  such  artificial  means,  articles  of  necessity, 
trade  or  commerce  scarce  or  by  increasing  the  cost 
thereof  to  the  consumer,  or  by  preventing  reasonable 
competition  in  any  calling,  trade  or  business. 

Sec.  64.  The  Senators  and  Representatives  shall,  be- 
fore entering  on  their  official  duties,  take  the  following 

oath,  to- wit:  "I,  ,  do  solemnly  swear   (or 

affirm,  as  the  case  may  l)e),  that  I  will  support  the  Con- 
stitution of  the  United  States  and  of  the  State  of  Ala- 
bama, and  particularly  observe  and  obey  all  the  pro- 
visions of  the  latter  relating  to  the  Legislative  Depart- 
ment, to  the  best  of  my  ability,  so  help  me  God." 

question  of  privilege. 

Mr.  Brooks  arose  to  a  question  of  privilege  as  a  mem- 
ber of  the  committee,  and  challenged  the  correctness  of 

the  report  as  to  Section  on  the  subject  of  trusts,^ 

stating  that  the  ordinance  introduced  by  himself  on 
that  subject  had  been  adopted  by  the  committee  after 
the  subject  had  been  three  times  considered,  and  that 
the  chairman  of  the  committee  himself  voted  for  it; 
that  the  report  w^as  not  correct  as  to  the  action  of  the 
committee  as  to  that  section. 

Mr.  Gates,  chairman  of  the  Committee  on  Legislative 
Department,  moved  that  the  ordinance  366,  "To  define 
a  trust  and  to  prohibit  the  same  in  this  State,"  be  printed 
with  the  report  of  the  Committee  on  Legislative  Depart- 
ment. 


484  Journal  of  Alabama 

The  motion  prevailed  and  the  ordinance  was  ordered 
printed,  with  the  report  of  tlie  connnittee. 

MINORITY  REPORT. 

Mr.  Gates  stated  to  the  Convention  that  Mr.  Weath- 
erly,  a  meniher  of  the  Conunittee  on  Legishitive  Depart- 
ment, desired  to  submit  a  minority  report,  and  moved 
that  said  member  of  the  committee  be  allowed  one  day's 
time  in  which  to  file  same. 

The  motion  prevailed,  and  Mr.  Weatherly  was  grant- 
ed one  day's  time  in  which  to  prepare  his  report. 

SPECIAL  ORDER. 

On  motion  of  Mr,  Gates,  the  report  of  the  Committee 
•on  Legislative  Department  be  made  a  special  order  for 
'Consideration  immediately  after  the  conclusion  of  the 
consideration  of  the  report  of  the  Committee  on  Banks 
and  Banking. 

The  motion  prevailed  and  the  report  of  the  committee 
was  set  for  a  special  order  as  above. 

AMENDING  THE  CONSTITUTION  AND  MISCELLANEOUS 
PROVISIONS. 

Mr.  Foster,  chairman  of  the  Committee  on  Amending 
the  Constitution  and  ■Miscellaneous  Provisions,  sub- 
mitted the  following  reports,  which  were  read  at  length 
and  idaced  upon  the  calendar  and  300  copies  of  said  re- 
ports were  ordered  printed. 

Report  of  the  Committee  on  Amending  the  Constitu- 
ti(m  and  Miscellaneous  Provisions. 
Mr.  rrcmlcnt : 

The  Committee  on  Amending  the  Constitution  and 
Miscellaneous  Provisions  beg  leave  to  report  herewith 
an  ordinance  to  take  the  place  of  Article  XVI  of  tlie 
present   Constitution, 

The  only  matters  in  which  the  report  of  the  commit- 


Constitutional  Convention.  485 

tee  differs  from  the  article  in  the  present  Coustitntion 
are   the   following: 

1.  Section  II  of  the  article  in  the  present  Constitu- 
tion is  made  Section  3  in  the  report. 

2.  A  new  section  number  2  in  the  report  has  been 
added  forbidding  the  increase  or  dimuntion  of  the  com- 
pensation of  any  public  otticer  during  the  term  for 
which  he  shall  have  been  elected. 

Kespectfully  subn.iitted, 

J.  M.  Foster,  Chairman. 

An  ordinance  to  anumd  Article  XVI  of  the  Constitu- 
tion. 

Be  it  ordained  by  the  people  of  Alabanui,  in  Conven- 
tion assembled,  That  Article  XYI  of  the  Constitution 
be  stricken  out,  and  the  following  article  inserted  in 
lieu   thereof: 

ARTICLE  — 

MISCELLANEOUS   PROVISIONS. 

1.  Xo  person  holding  an  (tftice  of  profit  under  the 
United  States,  excejjt  postmasters,  whose  annual  sal- 
aries do  not  exceed  |200,  shall,  during  his  continuance 
in  such  office,  hold  anv  office  of  profit  under  this  State; 
nor  shall  any  person  hold  two  offices  of  profit  at  one  and 
the  same  time  under  this  State,  except  Justices  of  the 
Peace,  Xotaries  Public,  and  Commissioner  of  Deeds. 

2.  The  salary,  fees  or  compensation  of  any  officer 
holding  any  civil  office  of  profit  under  this  State  or  any 
county  or  municipal itv  thereof  shall  not  be  increased 
or  diminished  during  the  term  for  which  he  shall  have 
been  elected  or  appointed. 

3.  It  is  made  the  duty  of  the  General  Assembly  to 
enact  all  laws  necessary  to  give  effect  to  the  provisions 
of  this  Constitution. 

Report  of  the  Committee  on  Amending  the  Constitu- 
tion and  ^riscellaneous  Provisions. 


486  Journal  of  Alabama 

Mr.  President: 

The  Committee  on  Amending  the  Constitution  and 
Miscellaneous  Provisions  beg  leave  to  report  herewith 
an  ordinance  to  take  the  place  of  Article  XVII  of  the 
present  Constitution. 

The  committee  does  not  report  specially  upon  all  ordi- 
nances referred  to  it,  but  has  embodied  the  ideas  of  some 
of  them  in  this  report.  All  ordinances  referred  to  your 
committee  are  herewith  respectfully  returned. 

The  material  particulars  in  which  this  report  differs 
from  the  article  in  the  present  Constitution  are  as  fol- 
lows : 

1.  Section  1  has  been  rewritten  so  as  to  require  the 
assent  of  three-fifths  of  all  the  members  elected  to  each 
House  of  the  General  Assembly,  to  proposed  amend- 
ments before  the  same  can  be  submitted  to  the  people. 
The  committee  was  aware  that  doubt  existed  as  to 
whether  the  language  of  this  article  in  the  Constitution 
required  two-thirds  of  all  the  members  elected  to  each 
House,  or  only  two- thirds  of  a  quorum  of  each  House, 
and  that  it  was  susceptible  of  the  latter  construction. 
The  committee  deemed  it  best  that  more  than  a  majority 
of  all  the  members  elected  to  each  House  should  ap- 
prove the  amendments  before  they  should  be  submitted, 
and  thought  it  advisable  to  express  the  requirement  in 
language  that  cannot  "be  misunderstood. 

2.  The  General  Assembly  has  been  given  the  option 
of  ordering  that  the  proposed  amendments  be  voted  on 
at  a  general  election,  or  at  a  special  election  called  for 
that  purpose,  as  it  might  think  best. 

3.  A  new  section  numbered  2  in  the  report,  has  been 
added.  This  section  provides  that  on  the  ballot  to  be 
used  at  election  on  proposed  amendments  the  subject 
matter  of  each  amendment  shall  be  ])rinted  in  language 
which  shall  clearly  indicate  the  nature  of  the  amend- 
ment. 

4.  Section  2  of  the  article  in  the  present  Constitution 
is  numbered  3  in  the  report,  and  has  been  changed  so 
as  to  prevent  the  call  of  a  Constitutional  Convention 
unless  such  call  shall  first  receive  the  affirmative  vote 
of  a  majority  of  all  the  members  elected  to  each  House 


Constitutional  Convention.  487 

of  the  General  Assembly.  This  section  has  also  been 
amended  so  as  to  forbid  the  repeal  of  an  act  calling  a 
Constitutional  Convention  except  at  the  same  session 
of  the  General  Assembly  at  which  the  act  was  passed. 

5.  A  new  section,  numbered  4  in  the  report,  has  been 
added,  requiring  an  aye  and  nay  vote  by  the  members 
of  the  General  Assembly  on  all  propositions  to  amend 
the  Constitution,  and  to  call  a  Constitutional  Conven- 
tion. This  section  also  makes  it  plain  that  the  approval 
of  the  Governor  is  not  necessary  to  give  validity  to  any 
act  or  resolution  of  the  General  Assembly  proposing 
amendments  to  the  Constitution,  or  calling  a  Constitu- 
tional Convention. 

Kespectfully  submitted, 

J.  M.  Foster,  Chairman. 

An  ordinance  to  prescribe  the  mode  in  which  the  Con- 
stitution may  be  amended. 

Be  it  ordained  by  the  people  in  Convention  assembled, 
That  Article  XVII  of  the  Constitution  be  stricken  out, 
and  the  following  article  inserted  in  lieu  thereof: 

AETICLE  XVII. 

mode  op  amending  the  constitution. 

1.  Amendments  may  be  proposed  to  this  Constitu- 
tion by  the  General  iVssembly  in  the  manner  following: 
The  proposed  amendments  shall  be  read  in  the  House  in 
which  they  originate  on  three  several  days,  and  if  upon 
the  third  reading  three-fifths  of  all  the  members  elected 
to  that  House  shall  vote  in  favor  thereof  the  proposed 
amendments  shall  be  sent  to  the  other  House,  in  which 
they  shall  likewise  be  read  on  three  several  days,  and  if 
pr-o^i  the  t^nrd  reading,  three-fifths  of  all  the  members 
elected  to  that  House  shall  vote  in  favor  of  the  proposed 
amendments,  the  General  Assembly  shall  order  an  elec- 
tion by  the  nualified  electors  of  the  State  upon  such  pro- 
posed amendments,  to  be  held  either  at  the  general  elec- 
tion next  succeeding  tlie  session  of  the  General  Assem- 


488  Journal  of  Alabama 

bly  at  which  the  aiiieiitliiieiits  are  proposed  or  upon  an- 
other day  appointed  by  the  (xeueral  Assembly  not  less 
than  three  months  after  adjournment  of  the  session  of 
the  General  Assembl;^-  at  which  the  amendments  are  pro- 
posed. Notice  of  such  election,  toij;ether  with  the  pro- 
posed amendments  shall  be  given  by  proclamation  of 
the  Governor,  which  shall  be  published  in  every  county 
in  such  manner  as  the  General  Assembh^  shall  direct, 
for  at  least  eight  weeks  successively  next  preceding  the 
day  appointed  for  such  election.  On  the  day  so  ap- 
pointed an  election  shall  be  beld  for  the  vote  of  the 
qualified  electors  of  the  State  on  the  proposed  amend- 
ments. If  such  election  be  held  (jn  the  day  of  the  gen- 
eral election,  the  officers  of  the  general  election  shall 
open  a  poll  for  the  vote  of  the  qualified  electors  on  the 
proposed  amendments ;  if  it  be  held  on  a  day  other  than 
that  of  a  general  election,  officers  for  such  election  shall 
be  appointed  and  the  election  shall  be  held  in  all  things 
in  accordance  with  the  law  governing  general  elections^ 
In  all  elections  upon  such  proposed  amendments  the 
votes  cast  thereat  shall  be  canvassed,  tabulated,  and  re- 
turns thereof  made  to  the  Secretary  of  State,  and 
counted,  in  the  same  manner  as  is  done  in  elections  for 
Eepresentatives  in  the  General  Assembly,  and  if  it  shall 
thereui)on  appear  that  a  majority  of  the  (lualified  elect- 
ors who  voted  at  such  election  ui)on  the  i)rop()sed  amend- 
ments, in  favor  of  the  same,  such  amendments  shall  be 
valid  to  all  intents  and  purposes,  as  parts  of  this  Con- 
stitution. The  result  of  such  election  sliall  be  made 
known  by  proclamati(Ui  of  the  Governor. 

2.  Upon  the  ballots  to  be  used  at  all  elections  pro- 
vided in  Section  1  of  this  article,  the  substance  or  sub- 
ject matter  of  each  proposed  amendiiu'ut  shall  be  printed 
so  that  the  nature  thereof  shall  ])e  <*]early  indicated, 
following  each  proposed  amendment  on  the  ballot  shall 
be  printed  the  words  "Yes"  and  iunued lately  following 
that  shall  be  jn-inted  the  word  "No."  Tlie  choice  of  the 
elector  sliall  be  indicated  by  a  cross  mark  before  the 
answer  he  desires. 

3.  No  convention  shall  hereafter  be  held  for  the  pur- 


Constitutional  Convention.  489' 

pose  of  altering  or  amendini;  the  Constitution  of  this 
State,  unless  after  the  Ceneral  Assembly,  by  a  vote  of 
a  majority  of  all  the  members  elected  to  each  House,  has 
passed  an  act  or  resolution  calling  a  Convention  for 
such  purpose,  the  question  of  Convention  or  No  Conven- 
tion shall  first  be  submitted  to  a  vote  of  all  the  (qualified 
electors  of  the  State,  and  approved  by  a  majority  of  those 
voting  at  such  election.  No  act  or  resolution  of  the 
Genej'al  Assembly  calling  a  convention  for  the  purpose 
of  altering  or  amending  the  Constitution  of  this  State 
shall  be  repealed  except  upon  the  vote  of  a  majority  of 
all  the  members  elected  to  each  House  at  the  same  ses- 
sion at  which  such  act  or  resolution  was  passed. 

4.  All  votes  of  the  General  Assembly  upon  proposed 
amendments  to  this  Constitution,  and  upon  bills  or 
resolutions  calling  a  Convention  for  the  purpose  of  al- 
tering or  amending  the  Constitution  of  this  State  shall 
be  taken  by  yeas  and  nays  and  entered  on  the  Journals. 
No  act  or  resolution  of  the  General  Assembly  passed  in 
accordance  with  the  provisions  of  this  article  proposing 
amendments  to  this  Constitution,  or  calling  a  conven- 
tion for  the  purpose  of  altering  or  amending  the  Con- 
stitution of  this  State  shall  be  submitted  for  the  ap- 
proval of  the  Governor,  but  shall  be  valid  without  his 
approval. 

Ueport  of  the  Committee  on  Amending  the  Constitu- 
tion and  Miscellaneous  Provisions. 
Mr.  President: 

Your  Committee  on  Anu^nding  the  Constitution  and 
^riscellaneous  Provisions,  to  which  was  referred  ordi- 
nance No.  390,  by  Mr.  Spears,  of  St.  Clair,  has  instruct- 
ed me  to  report  favorably  the  accompanying  substitute 
for  said  ordinance.  The  committee  was  not  unanimous 
as  to  the  policy  of  adopting  this  ordinance,  some  of  its 
members  reserving  the  right  to  oppose  its  adoption. 

Under  instructions  frcmi  the  Committee,  the  chiar- 
man  'reports,  for  the  information  of  the  Convention, 
the  facts  showing  the  necessity  of  a  court  house  in  the 
district  atfected,  without  recommendation  as  to  the 
policy  of  ado])ting  ordinances  which  are  local  in  their 


490  Journal  of  Alabama 

operation  and  within  the  province  of  the  Legislature. 

St.  Clair  county  is  divided  into  two  parts  by  Back 
Bone  mountain,  which  runs  entirely  across  the  count}' 
from  east  to  west.  The  two  portions  into  which  it  is 
thus  divided  are  nearly  equal  in  area  and  population, 
while  the  larger  portion  of  the  wealth  of  the  county  is 
in  that  portion  which  lies  south  of  the  mountain.  A 
greater  portion  of  the  litigation  in  the  county  origi- 
nates in  the  territory  south  of  the  mountain,  and  a 
greater  number  of  the  parties  and  witnesses  who  at- 
tend the  courts  in  St.  Clair  county  are  from  that  terri- 
tory. The  mountain  is  rugged  and  barren,  and  not 
inhabited.  Immediately  north  of  the  mountain  stretches 
a  level  plain  called  "The  Flat  Woods,-'  which  is  also 
barren  and  uninhabited,  and  which,  in  wet  weather,  is 
boggy  and  difficult  of  passage.  The  roads  over  the 
mountain  and  through  "The  Flat  Woods''  are  almost 
impassable,  and  the  character  of  the  country  over  which 
they  run  is  such  that  the  revenues  of  the  county  are  in- 
sufficient to  put  them  in  good  condition.  The  onlv  rail- 
road route  between  the  portion  of  the  county  affected 
by  this  ordinance  and  the  county  seat  is  by  way  of  Bir- 
mingham, a  distance  of  80  miles.  There  is  no  trade  be- 
tween the  residents  on  the  south  side  of  the  mountain 
and  the  county  seat.  Attendance  upon  court  is  about 
the  only  business  which  takes  people  living  on  the  south 
side  of  the  mountain  to  the  county  seat.  The  people  on 
both  sides  of  the  mountain  seem  to  be  practically  united 
in  the  desire  for  a  court  house  on  the  south  side  of  the 
mountain. 

The  above  facts  are  stated  upon  information  obtained 
from  reputable  citizens  of  St.  Clair  county  who  have 
been  before  your  committee.  These  gentlemen  were  all 
Democrats  except  Col,  Spears,  who  introduced  the  ordi- 
nance. This  fact  is  stated  so  that  the  Convention  may 
be  informed  that  the  adoption  of  this  ordinance  is  de- 
sired by  all  the  people,  and  not  by  those  of  one  political 
faith  only. 

The  committee  has  had  liefore  it  letters  from  the  Pro- 
bate Judge  and  Circuit  Ch^rk  of  St.  Clair  county,  from 


Constitutional  Convention.  491 

the  Solicitor  of  tlie  circuit  which  embraces  that  countj, 
and  from  other  prominent  citizens  of  the  county,  among 
others  Judge  Inzer  and  Judge  Greene,  all  recommend- 
ing the  adoption  of  this  ordinance,  if  the  Convention 
sees  fit  to  take  up  any  matter  of  this  kind. 
Respectfully  submitted, 

J.  M,  Foster^  Chairman. 

An  ordinance  to  provide  for  the  establishment  of  a 
court  house  and  jail  at  some  point  to  be  determined  by 
an  election  by  the  people,  in  that  portion  of  St.  Clair 
which  lies  south  and  southeast  of  Back  Bone  mountain, 
and  which  is  embraced  in  precincts  numbered  9,  10,  11, 
12,  13,  14,  15,  16,  17,  19,  20  and  21,  in  said  county. 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled : 

First — That  it  shall  be  the  duty  of  the  Probate  Judge 
of  St.  Clair  county  to  order  an  election  to  be  held  in 
precincts  numbered  9,  10,  11,  12,  13,  14,  15,  16,  17,  19, 
20  and  21,  in  St.  Clair  county,  not  later  than  sixty 
days  after  the  ratification  of  the  Constitution  to  be  sub- 
mitted by  this  Convention,  for  a  vote  of  the  qualified 
electors  in  said  precincts,  at  which  a  court  house  and 
jail  shall  be  erected  and  maintained.  Officers  for  such 
election  shall  be  appointed,  and  the  election,  in  all 
things  in  accordance  with  the  law  governing  general 
elections.  Upon  the  ballot  to  be  used  at  such  election 
the  names  of  all  places  to  be  voted  on  shall  be  printed, 
and  the  choice  of  the  elector  shall  be  indicated  b^^  a 
cross  mark  before  the  place  of  his  choice.  The  votes 
east  at  such  election  shall  be  canvassed,  tabulated,  re- 
turns thereof  made,  and  counted,  in  the  same  manner 
as  is  done  in  elections  for  Sheriff  and  other  county  offi- 
cers. At  the  place  receiving  the  highest  number  of 
votes  at  such  election  there  shall  be  erected  and  main- 
tained a  court  house  and  jail  for  the  trial  of  all  cases, 
and  the  transactions  of  all  legal  business  originating 
in  said  precincts  9,  10,  11,  12,  13,  14,  15,  16,  17,  19,  20 
and  21. 

The  venue  of  all  actions  and  suits  (other  than  such 
as  are  to  be  tried  before  Justices  of  the  Peace),  in  which 


492  Journal  of  Alabama 

onh'  residents  of  that  jjortion  of  said  St.  Clair  which 
lies  south  and  southeast  of  Back  Bone  mountain,  are 
defendants,  shall,  except  as  otherwise  provided  by  law, 
be  at  the  court  house  herein  provided  for;  provided, 
Innvever,  that  Asheville,  in  St.  Clair  count}',  shall  con- 
tinue to  be  the  count}^  seat  until  changed  by  vote  of  the 
qualified  electors  residing  in  that  part  of  St.  Clair 
county  which  lies  north  and  northwest  of  said  Back 
Bone  mountain. 

2.  The  Court  of  County  Commissioners  of  St.  Clair 
county  shall,  at  its  first  regular  meeting  after  the  elec- 
tion provided  for  in  Sec.  1  of  this  ordinance,  take  all  the 
necessary  steps  and  make  all  necessary  orders  to  issue 
and  sell  bonds  of  St.  Clair  county  to  the  amount  of  |10,- 
000,  the  proceeds  to  be  used  only,  for  the  erection  and 
eciuipment  of  such  court  house  and  jail,  or  to  provide 
by  other  means  a  sufficient  amount  of  money  to  erect  a 
suitable  court  house  and  jail  at  the  place  which  shall 
have  been  selected  in  accordance  with  said  Section  1, 
and  to  properly  e<piip  and  furnish  the  same  with  record 
books  and  (ttlier  necessary  e(|uipments;  provided,  how- 
ever, that  if  said  Court  of  ( 'ounty  Commissioners  shall 
levy  a  tax  for  such  purpose,  such  tax  shall  be  levied  on 
all  taxable  property  in  said  county,  but  all  of  such  tax 
shall  not  be  levied  and  collected  in  one  year.  And  ju'o- 
vided  further,  that  such  court  house  and  jail  shall  be 
completed  in  every  way  and  shall  be  ready  for  the  hold- 
ing of  court  and  the  transaction  of  legal  Inisiness  on  or 
before  the  first  day  of  the  spring  term,  190:],  of  the  Cir- 
cuit Court  of  St.  Clair  county. 

3.  The  Sheriff,  Probate  Judge,  Circuit  (Merk,  Reg- 
ister in  Chancery,  Tax" Assessor,  Tax  Collector,  and  Su- 
perintendcMit  of  P]ducation  of  St.  Clair  county,  shall 
keep  offices  in  the  court  house  which  shall  be  built  in  ac- 
cordance with  the  provisions  of  this  ordinance. 

4.  The  (leneral  Assembly  at  its  first  meeting  after 
the  ratification  of  the  Constitution  to  be  submitted  to 
the  i)eople  by  this  Convention,  shall  enact  laws  regulat- 
ing the  holding  of  courts  at  the  cruirt  house  provided 
for  in  this  ordinance. 


Constitutional  Convention.  493 

5.  This  ordiiiaiR-e  shall  be  valid  and  effective  if  the 
Coustitiitiou  which  shall  be  fraiiied  by  this  Convention 
be  ratilied  by  the  people.     Otherwise  it  shall  l)e  void. 

SCHEDULE,   riUNTING   AND   INCIDENTAL   EXrENSEi>. 

Mr.  Hefliu,  of  Randolph,  chairman  of  the  conuiiittee, 
submitted  the  following'  report,  which  was  laid  upon  the 
table,  and  300  copies  of  the  same  were  ordered  printed: 
Mr.  President: 

The  Committee  on  Schedule,  l*rintin.<;-  and  Incidental 
Expenses  have  instructed  me  to  nuike  the  followiui;  par- 
tial report,  viz. : 

The  committee  have  audited  the  accounts  hereto  at- 
tached, and  lind  tliat  the  State  of  Alabanm  is  indebted 
to  the  Brown  Printing-  Company,  of  Montgomery,  Ala., 
in  the  sum  of  |255.25.  ^^'e  find  that  said  State  is  in- 
debted to  Mars'hall  &  Bruce,  of  Nashville,  Tenn.,  the 
sum  of  |12.  We  also  find  that  said  State  is  indebted  to 
Ed.  C.  Fowler  Co.,  of  ^lontgoinerv,  Ala.,  in  the  sum  of 
124.75. 

All  of  the  above  amounts  are  for  articles  furnished 
the  State  of  Alabama  for  the  use  of  the  Constitutional 
Convention,  and  all  of  the  above  amounts  are  itemized 
as  shown  by  bills  hereto  attached.  Total  amount,  |302. 
And  we  recommend  the  payment  of  the  same,  all  of 
which  is  respectfully  submitted. 

John  T.  Heflin, 
Chairman  of  Committee  on  Schedule,  Printing  and  In- 
cidental Expenses. 

REPRESENTATION. 

^Ir.  Pitts,  chairman  of  the  Committee  on  Bepresenta- 
tion,  sulunitted  the  "following  report,  which  was'read 
at  length,  and  placed  upon  the  calendar,  and  300  copies 
of  the  report  were  ordered  printed : 

REPORT  OF  THE  COMMITTEE  ON   REPRESENTATION. 

Mr.  President: 

The  Committee   on   Representation   instructs   me   to 


494  Journal  of  Alabama 

submit  the  following  ordinance  for  adoption  as  Article 
—  of  the  Constitntiou  of  the  State  of  Alabama,  viz. : 

ARTICLE  — 

Section  1.  The  whole  number  of  Senators  shall  be 
not  less  than  one-fourth,  or  more  than  one-third  of  the 
whole  number  of  Eepresentatives. 

Sec.  2  The  House  of  Kepresentatives  shall  consist 
of  not  more  than  one  hundred  and  five  members,  unless 
new  counties  are  created,  in  which  event  each  county 
shall  be  entitled  to  one  Representative.  The  members 
of  the  House  of  Representatives  shall  be  apportioned 
by  the  General  Assembly  among  the  several  counties  of 
the  State,  according  to  the  number  of  inhabitants  in 
them  respectively,  as  ascertained  by  the  decennial  census 
of  the  United  States;  which  apportionment  when  made 
shall  not  be  subject  to  alteration  until  the  next  session 
of  the  General  Assembly  after  the  next  decennial  census 
of  the  United  States  shall  have  been  taken. 

Sec.  3.  It  shall  be  the  duty  of  the  General  Assembly 
at  its  first  session  after  the  taking  of  the  decennial 
census  of  the  United  States  in  the  year  1910,  and  after 
each  subsequent  decennial  census,  to  fix  by  law  the  num- 
ber of  Representatives,  and  apportion  them  among  the 
several  counties  of  the  State,  according  to  the  number 
of  inhabitants  in  them  respectively ;  provided,  that  each 
county  shall  be  entitled  to  at  least  one  Representative. 

Sec.  4.  It  shall  be  the  duty  of  the  General  Assembly 
at  its  first  session  after  the  taking  of  the  decennial  cen- 
sus of  the  United  States  in  the  year  1910,  and  after  each 
subsequent  decennial  census,  to  fix  by  law  the  number 
of  Sepators,  and  to  divide  the  State  into  as  many  Sena- 
torial districts  as  there  are  Senators,  which  districts 
shall  be  as  nearly  equal  to  each  other  in  the  number  of 
inhabitants  as  may  be,  and  each  shall  be  entitled  to  one 
Senator,  and  no  more;  and  which  districts,  when  formed, 
shall  not  be  changed  until  the  next  apportioning  ses- 
sion of  the  General  iV'Ssembly  after  the  next  decennial 
census  of  the  United  States  shall  have  been  taken ;  pro- 


Constitutional  Convention.  495 

Aided,  that  counties  created  after  the  next  preceding 
apportioning  session  of  the  General  Assembly  may  be 
attached  to  Senatorial  districts.  No  county  slmll  be 
divided  between  two  districts,  and  no  district  shall  be 
nmde  of  two  or  more  counties  not  contiguous  to  each 
other. 

Sec.  5.  Should  the  decennial  census  of  the  United 
States,  from  any  cause,  not  be  fallen,  or  if  when  talien, 
the  same,  as  to  this  State,  is  not  fully  satisfactory,  the 
General  Assembly  shall  have  power  at  its  first  session 
after  the  time  shall  have  elapsed  for  the  taking  of  said 
census,  to  provide  for  an  enumeration  of  all  the  inhabi- 
tants of  this  State,  and  once  in  each  ten  years  there- 
after, upon  which  it  shall  be  the  duty  of  the  General 
Assembly  to  make  the  apportionment  of  Representatives 
and  Senators,  as  provided  for  in  this  article. 

Sec.  6.  Until  the  General  Assembly  shall  make  an 
apportionment  of  Representatives  among  the  several 
counties,  at  its  first  session  after  the  taking  of  the  de- 
cennial census  of  the  United  States  in  the  year  nine- 
teen hundred  and  ten,  as  herein  provided,  the  counties  of 
Autauga,  Baldwin,  Bibb,  Blount,  Cherokee,  Chilton, 
Choetaw,  Clay,  Cleburne,  Coffee,  Colbert,  Conecuh, 
Coosa,  Covington,  Crenshaw,  Cullman,  Dale,  DeKalb, 
Escambia,  Fa^-ette,  Franklin,  Geneva,  Greene,  La- 
mar, Lawrence,  Limestone,  Macon,  Marion,  Marshall, 
Monroe,  Pickens,  Randolph,  St.  Clair,  Shelby,  Wash- 
ington, and  Winston  shall  each  have  one  Representa- 
tive; the  counties  of  Barbour,  Bullock,  Butler,  Cal- 
houn, Chambers,  Clarke,  Elmore,  Etowah,  Hale,  Henry, 
Jackson,  Lauderdale,  Lee,  Lowndes,  Madison,  Marengo, 
Morgan,  Perrv,  Pike,  Russell,  Sumter,  Talladega,  Tala- 
poosa,  Tuscaloosa,  Walker  and  Wilcox  shall  each  have 
two  Representatives ;  the  counties  of  Dallas  and  Mobile 
shall  each  have  three  Representatives;  the  county  of 
Montgomery  shall  have  four  Representatives;  and  the 
county  of  Jefferson  shall  have  seven  Representatives. 

Sec.  7.  Until  the  General  Assembly  shall  divide  the 
State  into  Senatorial  districts,  as  herein  provided,  the 
Senatorial  districts  shall  be  as  follows: 


496  Journal  of  Alabama 

First  district,  Lauderdale  aud  Limestone;  Second 
district,  Lawrence  aud  Morgan;  Third  district,  Blount, 
Cullman  and  Winston;  Fourth  district,  Madison;  Fifth 
district,  Jackson  and  Marshall;  Sixth  district,  Etowah 
and  St.  Clair;  Seventh  district,  Calhoun;  Eighth  dis- 
trict, Talladega;  Ninth  district.  Chambers  and  Kau- 
dolph;  Tenth  districts,  Talapoosa  and  Elmore;  Eleventh 
district,  Tuscaloosa;  Twfdt'th  disti-ict,  l^ayette,  Lamar 
and  Walker;  Thirteenth  district,  Jetferson ;  T'ourteenth 
district,  Pickens  and  Sumter;  Fifteenth  District,  Au- 
tauga, Chilton  and  Shelby;  Sixteenth  district,  Lowndes; 
Seventeenth  distrct,  Butler,  Conecuh  and  Covington; 
Eighteenth  district,  Bibb  and  Perry;  Nineteenth  dis- 
trict, Choctaw,  Clarke  and  AA'ashington ;  Twentieth  dis- 
trict, Marengo;  Twenty-first  district,  Baldwin,  Escam- 
bia and  ^Monroe;  Twenty-second  district,  Wilcox;  Twen- 
ty-third district,  Henry;  Twenty-fourth  district,  Bar- 
bour; Twenty-fifth  district.  Coffee,  Crenshaw  and  Pike; 
Twenty-sixth  district,  Bullock  and  Macon;  Twenty- 
seventh  district,  Lee  and  Russell ;  Twenty-eighth  dis- 
trict, Montgomery;  Twenty-ninth  district,  Cherokee 
and  DeKalb;  Thirtieth  district,  Dallas;  Thirty-first 
district,  Colbert,  Franklin  and  Marion;  Thirty-second 
district,  Greene  and  Hale;  Thirty-third  district,  Mo])ile; 
Thirty-fourth  district,  Cleburne,  Clay  and  Coosa;  Thir- 
ty-fifth district,  Dale  aud  (reneva. 

I  return  herewith  all  ordinances  referred  to  commit- 
tee. 

P.  H.  Pitts, 
Chairnuin   Committee  on   Representation. 

Mr.  Prc^idrut: 

I  submit  herewith  a  report  of  a  minority  of  the  Coui- 
mittee  on  Representation. 

P.  H.  Pitts, 
Cliainiiau   ConmiittcM'  on   Representation. 

MINORITY  report  OF  ('( ).M.M  ITTKK  OX   UKI'RKSKXTATION. 

The  minority  of  the  Committee  on  Representation 
dissent  from  the  recommendations  of  the  majority,  and 


Constitutional  Convention.  497 

Tecommend  that  the  number  of  Representatives  remain 
one  hundred,  and  the  Senators  thirty -three. 

That  the  apportionmen^t  of  Senators  and  Representa- 
tives remain  as  thev  are  until  the  next  session  of  the 
General  Assembly,  which  uiaij  reapportion  them,  and 
after  the  decennial  census  of  1910  >ihall  reapportion 
them. 

J.  W.  Grayson, 
C.  H.  Greer. 

MINORITY  REPORT  OF  COMMITTEE  ON  REPRESENTATION. 

Mr.  President : 

The  undersigned,  members  of  the  Committee  on  Rep- 
resentation, beg'  leave  to  submit  the  following  report : 

We  recommend  that  Section  2  be  amended  by  striking 
•out  the  words  '^one  hundred  and  five  members,"  and 
insert  ''one  hundred  members ;"  also  by  striking  out  the 
words  "next  session"  and  insert  "first  session." 

We  also  recommend  the  striking  out  all  the  first  part 
of  Section  3  down  to  the  words  "fixed  by  law"  and  insert 
in  lieu  "The  General  Assembly  may,  after  the  adoption 
of  this  Constitution,  and  shall  after  its  first  session, 
after  each  decennial  census  of  the  United  States  there- 
after." 

We  further  recommend  the  striking  out  of  all  the  first 
part  of  Section  4  down  to  the  words  "into  as  many  Sena- 
torial districts"  and  insert  instead  "The  General  As- 
sembly may,  after  the  adoption  of  this  Constitution, 
and  shall  at  its  first  session  after  each  decennial  census 
of  the  United  States  thereafter,  fix  l)y  law  the  number  of 
Senators,  and  divide  the  State." 

We  further  recommend  that  Section  6  be  amended 
as  follows : 

Section  6.  Until  the  General  Assembly  shall 
make  an  apportionment  of  Representatives  among 
the  several  counties,  the  counties  of  Autauga, 
Baldwin,  Bibb,  Blount,  Butler,  Cherokee,  Chilton, 
Choctaw,  Clay,  Cleliourne.  Coffee,  Colltert,  Conecuh, 
'Coosa,  Covington,  Crenshaw,  Cullman,  Dale,  DeKalb, 

32 


498  Journal  of  Alabama 

Elmore,  Escambia,  Etowah,  Fayette,  Franklin,  Geneva, 
Greene,  Lamar,  Lawrence,  Limestone,  Macon,  Marion,. 
Marshall,  Monroe,  Pickens,  Randolph,  Shelby,  St.  Clair, 
Walker,  Washington,  Winston,  shall  each  elect  one  Kep- 
resentative;  the  counties  of  Barbour,  Bullock,  Calhoun, 
Chambers,  Clarke,  Hale,  Henry,  Jackson,  Lee,  Lauder- 
dale, Lowndes,  Madison,  Marengo,  Morgan,  Perry, 
Pike,  Russell,  Sumter,  Talladega,  Tallapoosa,  Tusca- 
loosa and  Wilcox  shall  each  elect  two  Representatives; 
the  counties  of  Dallas  and  Mobile  shall  each  elect  three 
Representatives;  the  county  of  Montgomery  shall  elect 
four  representatives;  and  the  county  of  Jelferson  shall 
elect  six  Representatives. 

We  further  recommend  that  Section  7  be  amended  as 
follows : 

Sec.  7.  Until  the  General  Assembly  shall  divide  the 
State  into  Senatorial  districts,  the  Senatorial  districts 
shall  be: 

First  district,  Lauderdale  and  Limestone;  Second 
district,  Lawrence  and  ^lorgan;  Third  district,  Blount, 
Cullman  and  Winston;  Fourth  district,  Madison;  Fifth 
district,  Jackson  and  Marshall;  Sixth  district,  Etowah, 
and  St.  Clair;  Seventh  district,  Calhoun  and  Cle- 
burne; Eighth  district,  Talladega  and  Clay;  Ninth 
district,  Chambers  and  Randolph;  Tenth  district, 
Talapoosa  and  Coosa;  Eleventh  district,  Tusca- 
loosa; Twelfth  district,  Fayette,  Lamar  and  Walker; 
Thirteenth  district,  Jefferson;  Fourteeutli  district,  Pick- 
ens and  Sumter;  Fifteenth  district,  Elmore,  Chilton 
and  Shelby;  Sixteenth  district,  Autauga,  Lowndes, 
Seventeenth  distrct,  Butler,  Conecuh  and  Covington; 
Eighteenth  district,  Bibb  and  Perry;  Nineteentli  dis- 
trict, Choctaw,  ('larke  and  Wasliington;  Twentieth  dis- 
trict, ]Marengo;  Twenty-first  district,  Baldwin,  Escam- 
bia and  Monroe;  Twenty-second  district,  Wilcox;  Twen- 
ty-third district  Henry,  Dale  and  Geneva ;  Twen- 
ty-fourth district,  Barbour;  Tweuty-fiftli  district. 
Coffee,  Crenshaw  and  Pike;  Twenty-sixth  district, 
Bullock  and  ^lacon;  Twenty-seventh  district,  Lee 
and     Russell;     Twenty-eighth     district,     Montgomery; 


Constitutional  Convention.  499 

Twenty-ninth  district,  Cherokee  and  DeKalb; 
Thirtieth  district,  Dallas;  Thirty-first  district, 
Colbert,  Franklin  and  Marion;  Thirty-second 
district,  Greene  and  Hale;  Thirty-third  district,  Mobile; 
Kespectfully  submitted, 

J.   W.   GllAYSON_, 

C.  H.  Greer, 
unfinished  business. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Oonyyjittee  on   Taxation. 

The  question  was  upon  the  amendment  offered  by  Mr. 
White  to  Section  1  of  the  Article  XI  reported  by  the 
Committee  on  Taxation. 

Mr.  White  offered  the  following  substitute  for  the 
pending  amendment : 

Xo  tax  shall  be  imposed  or  license  required  of  the 
manufacturer  or  producer  of  any  commodity  or  mer- 
chandise for  selling  or  exchanging  the  same,  and  no 
inspection  tax  or  license  shall  be  imposed  for  the  in- 
spection or  anal^^zing  of  any  such  commodity  or  mer- 
chandise in  excess  of  the  reasonable  cost  of  such  in- 
spection or  analysis ;  provided,  the  tag  tax  now  imposed 
by  law  ma}'  remain  in  force  until  September  SOtla,  1903 ; 
and  provicled  further,  that  the  provisions  of  this  section 
shall  not  apply  to  the  manufacture  of  vinous,  spirituous 
or  malt  liquors. 

recess. 

Pending  the  further  consideration  of  the  report  of  the 
Committee  on  Taxation,  and  the  pending  amendments, 
the  hour  of  1  o'clock  arrived,  and  under  the  rules  the 
Convention  recessed  until  3  o'clock  this  afternoon. 


500 


Journal  of  Alabama 
AFTERNOON  SESSION, 


The  Convention  met  pursuant  to  adjournment. 

ROLL    CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almou, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 


Davis  (Etowah), 

Dent, 

deGraffonreid, 

Duke, 

Eley,     . 

E^^ster, 

Espy, 

Pitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 


Constitutional  Convention. 


501 


Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  ( Lauderdale ) , 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 


Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Chilton),, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M.,. 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherlv, 

Watts, 

Wliiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  (Washington) 

Winn— 143. 


502 


Journal  of  Alabama 


UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  Avhich  svaa  the  consideration  of 
the  report  of  the  Committee  on  Taxation. 

The  question  was  upon  the  substitute  offered  by  Mr. 
White,  for  the  pending  amendment  to  Section  1  of  the 
Article  XI  reported  by  the  Committee  on  Taxation. 

Mr.  White  asked  unanimous  consent  to  accept  the 
substitute  for  the  amendment.  * 

Consent  was  granted,  and  the  substitute  was  accepted 
for  the  amendment. 

Mr.  Cobb  moved  to  table  the  substitute. 

The  motion  to  table  prevailed :  Yeas,  77 ;  nays,  49. 


YEAS. 


Messrs.  President, 

Ashcraft, 

Banks, 

Barefield, 

Boone, 

Brooks, 

Browne, 

Burnett, 

Cardon, 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  ( Walker ), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Dent, 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Fletcher, 

Foster, 


Glover, 

Graham  (Montgomery), 

Graham  ( Talladega ) . 

Grant, 

Greer  (Perry), 

Harrison, 

Hinson, 

Hodges, 

Hood. 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Wilcox), 

King, 

Kirk, 

Kyle, 

Ledbetter, 

Leigh, 

Lorn  ax, 

Lonir  (Walker), 

McMillan  (Baldwin), 

Martin, 


Constitutional  Convention. 


503 


Merrill, 

Miller  (Wilcox), 

Norman, 

Norwood, 

Oates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

Palmer, 

Parker  (Elmore), 

Pettus, 

Pillans, 

Pitts, 

Proctor. 

Eobinson, 


Messrs.  Bartlett, 

Beddow, 

Bethune, 

Blackwell, 

Bulger, 

Burns, 

Byars, 

Carmicliael  (Coffee), 

Case, 

Cofer, 

Davis  (DeKalb), 

deGraffenried, 

Espy, 

Fosheti, 

Freeman, 

Gilmore, 

Grayson, 

Haley, 

Heflin  (Chambers), 

neflin  (Randolph), 

Henderson, 

Jones  (Bibb), 

Jones  (Hale), 

Kirkland, 


Rogers  (Lowndes), 

Sanders, 

Searcy, 

Selheimer, 

Seutell, 

Smith  (Mobile), 

Spragins, 

Stewart, 

Wad  dell, 

Watts, 

Weakley, 

Williams  (Barbour), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  ( Washington )  — 77. 


NAYS. 


Long  (Butler), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Maxwell, 

Miller  (Marengo), 

Moody, 

INIurphree, 

NeSmith, 

O'Rear, 

Pearce, 

Phillips, 

Reynolds  (Henry), 

Rogers  (Sumter), 

Samford, 

Sanford, 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Studdard, 

Whiteside, 

Winn— 49. 


504  Journal  of  Alabama 

pairs  announced. 

The  following  pairs  were  announced: 

Messrs.  Walker  and  Carmicliael,  of  Colbert ;  Corn- 
well  and  Mulkey;  Williams,  of  Elmore,  and  Fitts;  Par- 
ker, of  Cullman,  and  Sloane;  Weatlierly  and  Porter; 
Tavloe  and  Beavers ;  Jones,  of  Montgomery,  and  White. 

5lessrs.  Walker,  Carmichael,  Williams,  of  Elmore;. 
Weatherly,  Tayloe  and  Jones,  of  Montgomery,  would 
vote  aye;  and  Messrs.  Carmichael,  of  Colbert;  Mulkey, 
Fitts,  Sloan,  Porter,  Beavers  and  W^hite  would  vote 
nay. 

SECTION  ONE. 

Section  1  of  Article  XI,  reported  by  the  Committee 
on  Taxation,  was  read  at  length,  as  follows: 

Section  1.  All  taxes  levied  on  property  in  this  State 
shall  be  assessed  in  exact  proportion  to  the  value  of 
such  property,  but  no  tax  shall  be  assessed  upon  any 
debt  for  rent  or  hire  of  real  or  personal  property  while 
owmed  by  the  landlord  or  hirer  during  the  current  year 
of  such  rental  or  hire,  and  when  such  real  or  personal 
property  is  assessed  at  its  full  value;  provided,  how- 
ever, the  General  Assembly  may  levy  a  poll  tax,  not  to 
exceed  one  dollar  and  fifty  cents  on  each  poll,  which 
shall  be  applied  exclusively  in  aid  of  the  public  school 
fund  in  the  county  so  paying  the  same. 

Mr.  Browne  moved  that  Section  1  be  adopted. 

The  motion  prevailed,  and  Section  1  was  adopted. 

RECONSIDERATION. 

Mr.  Sollie  moved  to  reconsider  the  vote  by  which 
Section  1  was  adopted. 

Under  the  rules  the  motion  will  go  over  until  to-mor^ 
row  for  consideration. 


Constitutional  Convention.  505' 

section  two. 

Section  2  of  Article  XI,  reported  by  the  Committee 
on  Taxation,  was  read  at  leni>th  as  follows: 

Sec.  2.  No  power  to  levy  taxes  shall  be  delegated  to 
Individuals  or  private  corporations. 

Mr.  Howze  moved  to  adopt  Section  2  as  above  set 
out. 

The  motion  prevailed,  and  Section  2  was  adopted. 

SECTION  THREE. 

Section  3  of  Article  XI,  reported  by  the  Committee 
on  Taxation,  was  read  at  length  as  follows : 

Sec.  3.  After  the  ratification  of  this  Constitution,  no 
new  debt  shall  be  created  against,  or  incurred  by  this 
State,  or  its  authority,  except  to  repel  invasion  or  sup- 
press insurrection,  and  then  only  b^^  a  concurrence  of 
two-thirds  of  the  members  of  each  House  of  the  Gen- 
eral Assembly,  and  the  vote  shall  be  taken  by  yeas  and 
nays,  and  entered  on  the  Journals;  and  any  act  creat- 
ing or  incurring  any  new  debt  against  this  State,  ex- 
c-ept  as  herein  provided  for,  shall  be  absolutely  void ; 
provided,  the  Governor  may  be  authorized  to  negotiate 
temporary  loans,  never  to  exceed  three  hundred  thou- 
sand dollars,  to  meet  the  deficiencies  in  the  Treasury; 
and  until  the  same  is  paid,  no  new  loan  shall  "he  nego- 
tiated; provided  further,  that  this  section  shall  not  be 
so  construed  as  to  prevent  the  issuance  of  bonds  for  the 
purpose  of  refunding  the  State's  existing  bonded  in- 
debtedness. 

Mr.  Gates  offered  the  following  amendment  to  Sec- 
tion 3,  which  was  read  at  length : 

That  the  Legislature  shall,  at  its  first  session  after 
the  ratification  of  this  Constitution,  authorize  the  Gov- 
ernor of  the  State  to  cause  to  be  issued  (|8,500,000) 
eight  million,  five  hundred  thousand  dollars,  face  value, 
of  State  lionds,  to  mature  fifty  years  after  date,  and  to 
bear  not  more  than  3^  per  cent,  per  annum,  payable 
semi-annually ;  and  that  eight    million    four    hundred 


506  Journal  of  Alabama 

and  three  thousand  six  hundred  doHars  (|8,403,600)  of 
said  bonds  shall  be  used  exclusively  for  the  redemption 
by  exchange  or  otherwise,  for  an  equal  amount  face 
value  of  the  Class  A,  Class  B,  Class  C  bonds  of  the 
State,  which,  when  thus  redeemed,  shall  be  destroyed; 
and  that  the  bonded  debt  of  the  State  shall  never  in 
any  event  exceed  nine  million,  five  hundred  thousand 
dollars. 

Sec.  2.  That  it  shall  be  the  further  duty  of  said  Leg- 
islature, at  its  first  session  after  the  ratification  of  this 
Constitution,  to  authorize  the  Governor,  Auditor  and 
Treasurer  of  the  State,  to  obtain  by  purchase,  in  the 
name  of  and  for  the  use  of  the  State  Capitol,  all  of  the 
square  of  land  upon  which  the  Capitol  building  is  situ- 
ated south  of  said  building  to  AVashington  street, 
bounded  west  by  Bainbridge,  and  east  by  Union  street; 
provided,  said  property  can  be  purchased  at  reasonable 
prices ;  but  if  not,  in  the  opinion  of  said  Board,  then  the 
same  shall  be  condemned  on  proceedings,  to  be  insti- 
tuted by  said  Board  in  the  name  and  in  behalf  of  the 
State,  and  to  be  had  according  to  the  provisions  of  Arti- 
cle 1,  Chapter  42,  of  the  Code  of  1896,  which  shall  be 
applicable  thereto. 

Sec.  3.  That  all  of  the  bonds  in  the  first  section  here- 
inabove provided  for,  over  and  above  the  eight  million 
four  hundred  and  three  thousand  six  hundred  dollars, 
to  be  used  in  redemption  or  exchange  for  that  amount 
of  outstanding  bonds  Class  A,  Class  B,  Class  C,  to-wit  : 
•196,400,  shall  be  sold  by  the  said  Board,  consisting  of 
the  Governor,  Auditor  and  Treasurer,  after  due  notice 
given  by  publication  in  at  least  three  daily  newspapers, 
to  the  highest  and  best  bidder,  which  said  bonds  shall 
bear  not  more  than  3^  per  cent,  per  annum,  payable 
«emi-annually,  and  whch  shall  not  be  sold  for  less  than 
their  face  value,  and  when  so  sold  the  proceeds  shall  be 
covered  into  the  Treasury,  and  shall  be  used  by  said 
Board  to  pay  for  the  said  lands  on  said  square  when 
purchased  or  condemned  as  aforesaid;  and  so  much  of 
the  money  arising  from  the  sale  of  such  bonds  as  may  be 
-necessary  to  permanently  improve  the  Capitol  building 


Constitutional  Convention.  507 

and  to  pay  for  the  private  property  on  said  square  pur- 
chased or  condemned  as  aforesaid,  may  be  used  for  such 
purposes. 

adjournment. 

Pending  the  further  consideration  of  the  amendment, 
the  hour  of  5  o'cloclv  p.  m.  arrived,  and,  under  the  rules, 
the  Convention  adjourned  until  to-morrow  morning  at 
10  o'clock. 


THIRTY-SECOND  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Friday,  June  28,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Dr.  Lamar  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Browne, 

Aim  on,  Bulger, 

Altman,  Burnett, 

Ashcraft,  Burns, 

Banks,  Byars, 

Barefield,  Cardon, 

Bartlett,  Carmichael  (Colbert), 

Beavers,  'Carmichael  (Coffee) , 

Beddow,  Carnathon, 

Bethune,  Case, 

Blackwell,  Chapman, 

Boone,  Cobb, 

Brooks,  Cofer, 


508 


Journal  of  Alabama 


Coleman  (Greene), 

King, 

Coleman  (Walker), 

Kirk, 

Craig, 

Kirkland, 

Cunningham, 

Knight, 

Davis  (DeKalb), 

Kyle, 

Davis  (Etowah), 

i^edbetter. 

Dent, 

Leigh, 

deGraffenried, 

Lomax, 

Duke, 

Long  (Butler), 

Eley, 

Long  (Walker), 

Eyster, 

Lowe  (Jefferson), 

Espy, 

Lowe  (Lawrence), 

Ferguson, 

Macdonald, 

Fitts, 

McMillan  (Baldwin), 

Fletcher, 

McMillan  (Wilcox), 

Foshee, 

Malone, 

Foster, 

Martin, 

Freeman, 

Maxwell, 

Gilmore, 

:Merrill, 

Glover, 

Miller  (Marengo), 

Graham  ( Montgomery ) , 

Miller  (Wilcox), 

Graham  ( Talladega ) . 

Moody, 

Grant, 

Morrisette, 

Greer  (Calhoun), 

Mulkey, 

Greer  (Perry), 

Murphree, 

Haley, 

NeSmith, 

Harrison, 

Norman, 

Heflin  (Chambers), 

Norwood, 

Heflin  (Randolph), 

Gates, 

Henderson, 

O'Neal  ( Lauderdale) , 

Hinson, 

O'Neill  (Jefferson), 

Hodges, 

Opp, 

Hood, 

O'Rear, 

Howze, 

Palmer, 

Inge, 

Parker  (Cullman),. 

Jackson, 

Parker  (Elmore), 

Jenkins, 

Pearce, 

Jones  (Bibb), 

Pettus, 

Jones  (Hale), 

Pillans, 

Jones  (Wilcox), 

Pitts, 

Constitutional  Convention. 


509 


Porter, 

Proctor, 

Reese. 

Renfro, 

Reynolds  ( Chilton  j, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sorrell, 


Spears, 
Spragins, 
Stewart, 
Studdard, 
Tayloe, 
Vaughan, 
Waddell, 
Walker, 
Watts, 
Weakley, 
Weatherly, 
White, 
Whiteside, 

Williams  (Barbour), 
Williams  ( Marengo ) . 
Wilson  (Clarke), 
Wilson  (Washington) 
Winn— 143. 


LEAVE  OP  ABSENCE. 

Was  granted  to  Messrs.  Willett  for  last  Wednesday 
and  Thursday  and  to-day;  Boone  for  to-morrow  and 
Mondaj' ;  Henderson  for  to-morrow;  Dent  for  this  after- 
noon and  until  Monday  at  noon;  Long,  of  Butler,  for 
to-morrow;  Bartlett  for  to-morrow,  Monday  and  Tues- 
day; Porter  for  Saturday  and  Monday;  Beavers  for 
yesterday,  to-day  and  to-morrow ;  Morrisette  for  to-day 
and  until  Wednesday;  Howell  for  to-day,  to-morrow, 
Monday  and  Tuesday;  Locklin  for  yesterday  and  to- 
day; Kirkland  for  Saturday;  Hasson  (doorkeeper)  for 
to-morrow  and  Monday;  Vaughan  indefinite;  Smith, 
Mac.  A.,  for  to-morrow;  Williams,  of  Elmore,  indefinite; 
Mulkey  for  to-morrow  and  Monday;  Norwood  for  this 
afternoon  and  to-morrow. 


REPORT  OF   the  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 


510  ,      Journal  of  Alarama 

mitted  the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  thirty- 
first  day  of  the  Convention  and  that  the  same  is  cor- 
rect. 

Respectfully  submitted, 

John  F.  Proctor_,  Chairman. 

COMMITTEE    GRANTED   LEAVE   TO   SIT    DURING   SESSION. 

The  Committee  on  Suffrage  and  Elections  was  granted 
leave  to  sit  during  the  afternoon  session  of  the  Con- 
vention. 

RESOLUTIONS. 

The  following  resolutions  were  offered,  severally  read 
one  time  at  length,  and  referred  to  appropriate  com- 
mittees, as  follows: 

Resolution  200,  by  Mr.  Burns,  of  Dallas :     ' 

Whereas,  this  Convention  has  seen  proper  to  reject 
all  amendments  to  Article  V  looking  to  the  relief  of 
Sheriffs;  and 

Whereas,  The  Supreme  Court  has  already  been  bur- 
dened with  sufficient  labors;  and 

Wliereas,  Local  government  should  be  maintained, 
and  for  other  valid  reasons; 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
Section  30  of  Article  Y  should  be  stricken  out,  and  the 
Sheriffs  should  be  left  on  the  same  footing  as  other 
county  officers. 

The  resolution  was  referred  to  the  Committee  on 
Executive  Department. 

Resolution  201,  by  ^Ir,  Foster : 

Resolved,  First,  That  the  Committee  on  Rules  are 
hereby  instructed  to  examine  all  the  reports  of  the 
standing  committees  which  have  already  reported,  and 
the  reports  which  shall  hereafter  be  made  by  the  stand- 
ing committees,  and  assign  to  each  section  of  said  re- 
port such  time  as  in  its  judgment  should  be  allowed  for 
del)ate  thereon. 


Constitutional  Convention.  511 

Second — That  when  the  time  so  assigned  by  the  Rules 
Committee  to  any  section  shall  have  been  consumed  in 
debate  thereon,  all  debate  on  such  section  and  pending 
amendments  shall  immediately  cease,  and  a  vote  be 
taken  thereon;  provided,  that  the  mover  or  chairman  of 
the  committee  proposing  the  pending  matter  may,  unless 
he  shall  have  already  spoken  twice,  speak  to  the  matter 
for  fifteen  minutes,  after  the  time  for  debate  has  closed. 

Third — That  no  delegate,  except  the  mover  or  chair- 
man of  the  committee  projDosing  the  pending  matter, 
shall  speak  more  than  once  to  the  same  question,  nor 
more  than  ten  minutes  at  any  time.  The  mover  or  the 
chairman  of  the  committee  proposing  the  pending  mat- 
ter ma^^  speak  fifteen  minutes  on  opening,  and  twenty 
minutes  in  reply. 

Fourth — This  resolution  shall  not  apply  to  the  report 
of  the  Committee  on  Suffrage  and  Elections. 

The  resolution  was  referred  to  the  Committee  on. 
Rules. 

Resolution  202,  by  Mr.  Graham,  of  Talladega : 

Resolved,  That  beginning  with  next  Monday  the 
afternoon  sessions  of  this  Convention  shall  be  from  3  :30 
to  5  :30  instead  of  3  to  5. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  203,  by  Mr.  Heflin,  of  Chambers : 

Resolved,  That  after  to-day  the  Convention  shall  con- 
vene in  tills  hall  at  9  o'clock  a.  m.  and  remain  in  session 
until  1  o'clock  p.  m.,  and  reconvene  at  3  o'clock  and 
remain  in  session  until  6  o'clock  p..  m. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  204,  by  Mr.  Jackson : 

Resolved,  That  no  delegate  in  this  Convention  be  per- 
mitted to  speak  more  than  ten  minutes  on  an^^  subject 
under  discussion,  except  the  mover  of  an  amendment  or 
substitute,  who  may  use  10  minutes  each  in  opening  and 
closing  the  debate,  and  the  chairman  of  a  committee  in 
the  discussion  of  a  report  made  by  the  committee  of 
Tvhich  he  is  chairman,  who  shall  have  thirty  minutes  to> 


512  Journal  of  Alabama 

open  and  close ;  provided,  that  whoever  may  move  to  re- 
consider any  action  of  the  Convention  shall  have  the 
time  accorded  the  chairman  of  the  committee,  the  re- 
port of  which  committee  is  under  consideration;  pro- 
vided further,  tliat  any  delegate  may  have  his  time  x- 
tended  by  permission  of -the  majority  of  the  delegates 
present. 

The  resolution  was  referred  to  the  Committee  on 
Kules. 

Eesolution  205,  by  Mr.  IJeese : 

Whereas,  but  little  time  of  this  Convention  is  con- 
sumed by  the  regular  call  of  the  roll  for  the  introduction 
of  ordinances,  resolutions,  etc.,  and 

Whereas,  Much  unnecessary^  consumption  of  time  is 
had  in  explaining  and  obtaining  unanimous  consent  or 
suspension  of  the  rules  for  the  introduction  of  ordi- 
nances, resolutions,  etc.. 

Therefore,  Be  it  resolved.  That  hereafter  the  roll  call 
for  the  introduction  of  ordinances,  resolutions,  etc., 
shall  not  be  suspended  except  by  unanimous  consent; 

Second,  That  no  resolution  or  ordinance  shall  be  in- 
troduced at  any  other  time  except  by  unanimous  con- 
sent; 

Third,  It  will  be  in  very  bad  taste  on  the  part  of  any 
member  taking  up  the  time  of  the  Convention  in  asking 
said  consent,  except  in  dire  and  pressing  emergency. 

The  resolution  was  referred  to  the  Committee  on 
Eules. 

Resolution  206,  by  Mr.  Waddell : 

Be  it  resolved  by  the  Constitutional  Convention  of 
the  State  of  Alabama,  That  no  person  shall  be  entitled 
to  the  floor  for  the  purpose  of  del)ate  for  a  longer  period 
of  time  than  ten  minutes,  except  the  chairman  of  the 
committees  whose  article  is  under  consideration,  and 
he  shall  be  allowed  twenty  minutes  to  open  and  ten  min- 
utes to  close  the  debate  on  any  subject  which  is  up  for 
consideration  under  his  article;  provided  tlu^  i)rovis- 
ions  of  this  resolutions  shall  not  api)ly  to  tlie  Committee 
'on  Suffrage  and  Elections. 


Constitutional  Convention.  513 

The  resolution  was  referred  to  the  Committee  on 
3\ules. 

ORDINANCES    ON    FIRST    READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Ordinance  404,  by  Mr.  Coleman,  of  Walker : 

To  amend  a  part  of  Section  28  of  Article  V,  adopted 
by  this  Convention. 

The  ordinance  was  referred  to  the  Committee  on 
Impeachments. 

Ordinance  405,  by  Mr.  Reynolds,  of  Chilton : 

To  prohibit  newspapers  or  their  representatives  from 
accepting  a  free  pass  or  other  free  transportation  from 
a  railroad  company  doing  business  in  this  State. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department.  - 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Taxation. 

SECTION  THREE. 

The  question  was  upon  the  amendment  offered  by 
Mr.  Oates,  to  Section  3  of  the  Article  XI  rejiorted  by 
the  Committee  on  Taxation. 

Mr.  deGraffenried  moved  to  table  the  amendment  of- 
fered by  Mr.  Oates. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

Mr.  Watts  offered  the  following  amendment  to  Sec- 
tion 3  of  the  Article  XI  reported  by  the  Committee  on 
Taxation: 

To  amend  Section  3,  Taxation  report,  by  adding  at 
the  end  of  said  section  the  words :  "And  provided  the 
General  Assembly  may  increase  the  State  debt  not  ex- 

33 


514  Journal  of  Alabama 

ceeding  |200,000  for  the  improvement  of  the  Capitol 
and  adding  to  its  grounds.'' 

Mr.  Weatherlv  moved  to  table  the  amendment  offered 
by  Mr.  Watts : 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

Mr.  Browne  moved  to  adopt  Section  3  of  the  Article 
XI,  reported  by  the  Committee  on  Taxation. 

The  motion  prevailed,  and  Section  3  was  adopted. 

SECTION   FOUR. 

Sec.  4.  The  General  Assembly  shall  not  have  the 
power  to  levy,  in  any  one  year,  a  greater  rate  of  taxation 
than  65-100  of  1  percentum  on  the  value  of  the  taxable 
property  within  this  State. 

Was  read  at  length. 

RECESS. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Taxation,  the  hour  of  12  o'clock  m. 
arrived,  and  under  a  resolution  adopted  on  yesterday, 
the  Convention  recessed  until  3  o'clock  to-dav. 


AFTEKNOON  SESSION. 
The  Convention  met  pursuant  to  adjournment. 

ROLL    CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Banks, 

Almon,  Barefield, 

Altman,  Bartlett, 

Ashcraft,  Beddow, 


Constitutional  Convention. 


515 


Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenreid, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Pitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 


Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Harrison, 

Hetlin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hood, 

Howze, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  ( Montgomery^)  ,^ 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter^  a 

Lomax, 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin).- 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  ( Marengo  )j 

Miller  (Wilcox), 

Norman, 

Norwood, 

Gates, 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Parker  (Cullman), 

Parker  (Elmore),. 


516 


Journal  of  Alabama 


Pearce, 

Pettus, 

Pillans, 

Porter, 

Proctor, 

Keese, 

Renfro, 

Reynolds  (Chilton), 

Re^^nolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selbeimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 


Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tavloe, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  ( W^ashington ) , 

Wiun— 129. 


LEAVE  OF  ABSENCE 

Was  granted  to  Messrs.  Freeman  for  Saturday,  Mon- 
day and  Tuesday;  Haley  for  Saturday  and  Monday; 
Jones,  of  Montgomery,  for  this  afternoon;  Norman  for 
this  afternoon  and  to-morrow;  Pearce  this  afternoon 
and  until  W^ednesday;  Cunningham  for  to-morrow; 
Graham,  of  Talladega,  for  Saturday,  Monday  and  Tues- 
day ;  Foshee  for  to-morrow ;  Parker,  of  Cullman,  for  to- 
day. 


UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
report  of  the  Committee  on  Taxation. 

The  question  w^as  the  consideration  of  Section  4  of 
the  Article  XI  reported  by  the  Committee  on  Taxation. 

Mr.  Howze  offered  the  following  amendment  to  Sec- 
tion 4 : 

Amend  1)V  striking  out  the  words  "sixtv-five"  and  in- 


Constitutional  Convention. 


517 


serting  in  lieu  thereof  the  words  "seventy-five,"  and 
adding  at  the  end  of  the  section  the  following :  "For  the 
two  years  succeeding  the  adoption  of  this  Constitution, 
after  which  time  no  greater  rate  than  sixty-five  one- 
hundredths  of  one  per  centum  shall  be  levied." 

Mr.  Graham,  of  Talladega,  offered  the  following 
amendment  to  the  amendment  offered  by  Mr.  Howze: 

Amend  the  amendment  by  striking  out  all  of  it  ex- 
cept the  words  75  cents. 

Mr.  Reese  moved  to  table  the  amendment  offered  by 
Mr.  Graham,  of  Talladega,  to  the  amendment  offered 
by  Mr.  Howze. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table :  Yeas,  89 ;  nays,  41. 

YEAS. 


Messrs.  President, 

Fitts, 

Almon, 

Fletcher, 

Altman, 

Foster, 

Barefield, 

Glover, 

Bethune, 

Grant, 

Brooks, 

Grayson, 

Browne, 

Greer  (Perry), 

Burnett, 

Haley, 

Burns, 

Harrison, 

Byars, 

Heflin  ( Chambers  ), 

Cardon, 

Heflin  (Randolph), 

Carnathon, 

Hinson, 

Chapman, 

Hodges, 

Cobb, 

Howze, 

Cofer, 

Inge, 

Coleman  (Greene), 

Jackson, 

Coleman  (Walker), 

Jenkins, 

Craig, 

Jones  (Wilcox),. 

Cunningham, 

King, 

Davis  (DeKalb), 

Kirk, 

Davis  (Etowah), 

Knight, 

Duke, 

Kyle, 

Espy, 

Leigh,. 

518 


Journal  of  Alarama 


Macdonald, 

McMillan  (Baldwin), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

NeSmith, 

O'Neal  (Lauderdale), 

O'Rear, 

Palmer, 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Proctor, 

Jieese. 


Renfro, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanford, 

J^earcy, 

Sentell, 

Sloan, 

Smith,  Morgan  M.. 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Walker, 

Weatherly, 

Whiteside, 

Williams  (Marengo), 

Winn— 89. 


NAYS, 


Messrs.  Ashcraft, 

Banks, 

Beddow, 

Blackwell, 

Bulger, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Case, 

Cornwell, 

deGraffenried, 

Eley, 

Eyster, 

Graham  (Talladega), 

Greer  (Calhoun), 

Henderson, 

Hood, 


Jones  (Bibb), 

Jones  (Montgomery), 

Kirkland, 

Ledbetter, 

Lomax, 

Lowe  (Jefferson), 

McMillan  (Wilcox), 

Murphree, 

Norman, 

Gates, 

O'Neill  (Jefferson), 

Odd. 

Porter, 

Sam  ford, 

Sanders, 

Selheimer, 


Constitutional  Convention.  519 

Smith  (Mobile),  White, 

Smith,  Mac,  A.,  Williams  (Barbour), 

Waddell,  Wilson  (Clarke) 

Watts,  Wilson  (Washington)— 41. 

Weakley, 

PAIRS   announced. 

The  following  pairs  were  announced : 

Messrs.  Long,  of  Walker,  and  Graham,  of  Montgom- 
ery. Mr.  Long,  of  Walker,  would  vote  aye,  and  Mr. 
Graham,  of  Montgomery,  would  vote  nay. 

Mr.  deGraifenried  moved  to  table  the  amendment  of- 
fered by  Mr.  Howze  to  Section  4  of  the  Article  XI  re- 
ported by  the  Committee  on  Taxation,  and  also  to  table 
the  Section  4  as  reported  by  said  committee, 

Mr,  Coleman,  of  Greene,  demanded  a  division  of  the 
■question. 

The  question  was  upon  tabling  the  amendment  of- 
fered by  Mr.  Howze, 

The  motion  prevailed  and  the  amendment  was  laid 
upon  the  table:  Yeas,  94;  nays,  33. 

TEAS, 

Messrs.  Almon,  Cofer, 

Barefleld,  Coleman  (Greene), 
Bethune,                               .  Coleman  (Walker), 

Blackwell,  Craig, 

Brooks,  Cunningham, 

Browne,  Davis  (DeKalb), 

Bulger,  Davis  (Etowah), 

Burnett,  deGraffenried, 

Burns,  Duke, 

Byars,  Espy, 

Cardon,  Fitts, 

Carnathon,  Fletcher, 

Case,  Foster, 

Chapman,  Glover, 

Cobb,  Grant, 


520 


Journal  of  Alara.ma 


Grayson, 

Greer  (Perry), 

Haley, 

Harrison, 

Heflin  (Chambers),. 

Heflin  (Randolph), 

Hinson, 

Hodges, 

Inge, 

Jones  (Bibb), 

Jones  (Wilcox), 

King, 

Kirk, 

Knight, 

Kyle, 

Lomax, 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin), 

Mai  one, 

Martin, 

Maxwell, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

NeSmith, 

O'Neal  (Lauderdale), 

O'Rear, 

Palmer, 

Pearce, 

Pettus, 


Phillips, 

Pillans, 

Pitts, 

Proctor, 

Eeese, 

Renfro, 

Reynolds  (Henry),. 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanford, 

Sanders, 

Sauford, 

Searcy, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Morgan  M.. 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tavloe, 

Walker, 

Weakley, 

Weatherly, 

Whiteside, 

Williams  (Marengo), 

Wilson  (Washington) 

Winn— 94. 


NAYS. 


Messrs.  President, 

Ashcraft, 

Beddow, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Cornwell, 


Eley, 

Eyster, 

Graham  (Talladega)y 

Greer  (Calhoun), 

Henderson, 

Hood, 


Constitutional  Convention.  521 


Howze, 

Opp, 

Jackson, 

Parker  (Elmore), 

Jenkins, 

Porter, 

Jones  (Montgomery), 

Selheimer, 

Kirkland, 

Smith,  jNIac.  A. 

Ledbetter, 

Waddell, 

McMillan  (Wilcox), 

Watts, 

Murphree, 

White, 

Norman, 

Williams  (Barbour), 

Gates, 

Wilson  (Clarke)— 33. 

O'Neill  (Jefferson), 

PAIRS  ANNOUNCED. 

The  following  pairs  were  announced : 

Messrs.  Banks  and  Leigh ;  Long,  of  Walker,  and  Gra- 
ham, of  Montgomery.  Messrs.  Banks  and  Long,  of 
Walker  w'ould  vote  aye,  and  Messrs.  Leigh  and  Gra- 
ham, of  Montgomery,  would  vote  nnj. 

The  question  was  upon  the  motion  to  table  Section 
4  of  said  article. 

The  yeas  and  nays  were  demanded,  and  the  call  was 
sustained. 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Taxation,  the  hour  of  6  o'clock  p.  m. 
arrived,  and  under  the  resolution  adopted  on  yester- 
day, the  Convention  adjourned  until  10  o'clock  to-mor- 
row morning. 


522  Journal  of  Alarama  ^ 

THIRTY-THIRD  DAY. 

Convention  Hall. 

Mont'gomery,  Ala.,  Saturday,  June  29,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  ottered  by  Rev.  Dr.  Lamar  of  the  city. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President. 

Almon, 

Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burns, 

Byars, 

Cardon, 

€armichael  (Colbert), 

Carnathon, 

Chapman, 

Cobb, 

Oofer, 

Coleman  (Greene)^ 

Coleman  (Walker), 

Oornwell, 

Cunningham. 

Davis  (DeKalb), 

Davis  (Etowah), 


deGraffenried, 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Pitts, 

Fletcher, 

Foster, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Grant; 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Hodges, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 


Constitutional  Convention. 


523 


J^ones  (Wilcox), 
Kirk, 
KniglU, 
Kyle, 
Ledbetter, 
Leigli, 
Locklin, 
^Lomax, 
Long  (Butler), 
Lowe  (Jefferson), 
Macdonald, 
McMillan  (Wilcox)., 
Malone, 
Martin, 
Maxw.-ll, 
Merrill, 

Miller  (Marengo), 
Miller  (Wilcox), 
Moody, 
Murphree, 
NeSmitli, 
Norman, 
Oates, 

O'Neal  ( Lauderdale) , 
O'Neill  (Jefferson), 
Ovv.. 
O'Rear, 
Palmer, 

Parker  (Cullman), 
Parker  (Elmore), 
Pettus, 
Phillips, 
Pillans, 


Pitts, 

ProcTor, 

Kenfro, 

Kobinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Morgan  M. 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Waddell, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  ( Barbour) , 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  (Washington) 

Wiiui— 118. 


LEAVE  OF  ABSENCE 

Was  granted  to  Messrs,  Reynolds,  of  Chilton,  for  to- 
day; Altman  for  to-day;  Banks  for  this  afternoon;  Mc- 
Millan, of  Baldwin,  to-day  and  Monday;  McMillan,  of 
Wikox,  for  Monday;  Walker  for  to-day;  Jones,  of  Hale, 
f  iv  i(;-day  and  Monday;  Espy  for  to-day;  Lowe,  of  Law- 
rence, for  to-day;  King  for  to-day  and  Monday;  Wilson, 


524  Journal  of  Alabama 

of  Washington,  for  Monday;  Willett  for  to-dav;  Fitts- 
for  Monday;  Malone  for  Monday;  Hood  for  Monday. 

REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  folloAving  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  thirty- 
second  day  of  the  Convention,  and  that  the  same  is  cor- 
rect. 

Eespectfully  submitted, 

John  F.  Proctor^  Chairman. 

RESOLUTIONS. 

The  following  resolutions  were  offered,  severally  read 
one  time  at  length,  and  referred  to  appropriate  com- 
mittees, as  follows: 

The  following  resolutions  were  offered,  severally  read 
one  time  at  length,  and  referred  to  appropriate  com- 
mittees as  follows : 

Kesolution  207,  by  Mr.  Beddow  : 

Eesolved,  That  when  this  Convention  adjourns  on 
Wednesday  evening,  July  3d,  that  it  adjourn  to  meet 
at  12  m.  Monday,  July  8th. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  208,  by  Mr.  Cornwell : 

Resolved,  That  the  time  allowed  each  delegate  for 
speaking  on  any  one  question  be,  and  is  hereby  limited 
to  ten  minutes,  and  that  unanimous  consent  must  be 
obtained  to  extend  time. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  No.  209,  by  Mr.  Renfroe: 

Whereas,  There  is  a  disposition  to  take  up  much  time 
in  debating  whether  or  not  certain  ordinances  are  prop- 
er constitutional  provisions  or  legislative  enactments; 
and 

Whereas,  this  Convention  can  frame  a  better  instru- 


Constitutional  Convention.  525 

inent  by  leaving  legislative  enactments  out  of  the  Con- 
stitution ; 

Therefore,  Be  it  resolved,  That  when  this  Convention 
is  in  doubt  as  to  whether  any  pending  amendment  should 
be  left  to  the  Legislature  or  not,  that  such  amendment 
be  referred  to  the  Judiciary  Committee,  with  instruc- 
tions that  they  pass  upon  this  question  and  make  recom- 
mendation in  accordance  with  their  judgment. 

The  resolution  was  referred  to  the  Committee  on 
Judiciary. 

Resolution  210,  by  Mr.  Rogers,  of  Lowndes : 

Resolved,  That  the  Convention  remain  in  session  un- 
til 2  o'clock  p.  m.  and  dispense  with  the  afternoon  ses- 
sion. 

The  rules  Avere  suspended  and  the  resolution  was 
adopted. 

Resolution  211,  by  Mr.  Smith,  M.  M.,  of  Autauga : 

Whereas,  the  office  of  Commissioner  of  Agriculture 
was  originally  created  for  the  benefit  of  the  farming 
interest,  and 

Whereas,  the  tax  of  50  cents  per  ton  on  fertilizer  was 
originally  imposed  for  the  alleged  exclusive  benefit  of 
the  farmer,  and  provided  for  inspection  of  fertilizer  for 
the  farmer's  protection,  and 

Whereas,  said  office  of  Commissioner  of  Agriculture 
has  been  changed  by  this  Convention  into  the  Commis- 
sioner of  Agriculture  and  Industries,  and 

Whereas,  it  is  not  just  or  fair  that  the  burden  of  pay- 
ing for  said  department  should  fall  exclusively  on  the 
farmers  of  the  State ;  therefore  be  it 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
the  Legislature  should  reduce  the  tax  on  fertilizer  to 
an  amount  not  in  excess  of  cost  of  inspection. 

The  resolution  was  referred  to  the  Committee  on 
Taxation. 

Resolution  212,  by  Mr.  Parker,  of  Elmore: 

Resolved,  That  the  privileges  of  the  floor  of  this  Con- 
vention are  hereby  extended  to  Hon.  J.  J.  Sullivan,  of 
Pensacola,  Florida,  who  is  visiting  the  Convention  to 
extend  the  oreetinjre  of  West  Florida  to  the  Convention 


626  Journal  of  Alarama 

on  the  heart}'  spirit  of  annexation  that  it  has  mani- 
fested. 

On  motion  of  Mr.  Parker,  of  Elmore,  the  rules  were 
suspended,  and  the  resolution  was  adopted  by  a  rising, 
vote. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Ordinance  400,  by  Mr.  Rogers,  of  Sumter : 

To  limit  the  amount  of  tax  on  fertilizers  manufac- 
tured or  sold  in  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  407,  by  Mr.  Sanford : 

To  authorize  the  General  Assembly  to  amend  the 
Constitution  of  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

REPORTS  OF  STANDING  COMMITTEES.. 
SUFFRAGE   AND   ELECTIONS. 

Mr.  Coleman,  of  Greene,  chairman  of  the  Committee- 
on  Suffrage  and  Elections,  submitted  the  following  re- 
port, which  was  read  at  length  : 

REPORT  OF  THE  COMMITTEE  ON  SUFFRAGE  AND  ELECTIONS. 

Mr.  President: 

The  Committee  on  Suffrage  and  Elections  have  re- 
quested that  the  following  report  be  submitted: 

The  committee  has  read  and  considered  Avith  care 
the  many  resolutions  and  ordinances  referred  to  it,  and 
have  had  the  benefit  of  an  extensive  correspondence  with 
leading  men  of  other  States  upon  the  question  of  Suf- 
frage and  Elections.  Many  of  them  contain  valuable 
suggestions  and  have  been  of  great  assistance  In  the 
important  work  assigned  to  us. 

Our  main  purpose  has  been  to  eliminate  the  venal 


Constitutional  Convention.  52T 

and  incompetent  from  the  exercise  of  the  elective  fran- 
chise and  not  violate  any  of  the  provisions  of  the  Consti- 
tution of  the  United  States.  We  are  of  tlie  opinion 
that  the  Fifteenth  Amendment  of  the  Constitution  of 
the  United  States  does  not  interfere  with  the  sovereign 
right  of  the  State  to  prescribe  tlie  qualifications  of  voters 
further  than  to  prohibit  discrimination  on  account  of 
"race,  color  or  previous  condition  of  servitude,"  and 
this  limitation  in  no  way  interferes  with  the  sovereign 
power  of  the  State  to  fix  a  standard  of  fitness,  applica- 
ble to  all  alike.  Existing  conditions  and  the  object  to 
be  attained  necessitated  the  making  of  provisions  new 
and  different  from  those  which  are  in  our  present  Con- 
stitution. 

To  give  full  effect  to  the  plan  submitted  by  the  com- 
mittee, it  became  necessary  to  provide  a  temporary 
Board  of  liegistration,  limited  to  January  the  first, 
1903,  and  to  devolve  upon  the  Legislature  the  duty  to 
provide  a  permanent  plan  of  registration  to  take  effect 
on  and  after  that  date. 

We  have  spared  neither  time,  labor  nor  study  to  frame 
a  suitMile  article  upon  the  subject  of  elections  and  fran- 
chises, and  it  is  with  pleasure  we  state  that  no  member 
of  the  committee  dissents  from  any  of  the  provisions 
except  upon  subdivision  2  of  Sction  4  of  the  article 
upon  which  there  will  be  a  minority  report  submitted. 
We  herewith  return  all  ordinances  and  resolutions  sub- 
mitted to  us. 

Thomas  W.  Coleman^  Chairman. 

ARTICLE  — 

SUFFRAGE  AND  ELECTIONS. 

Section  1.  Every  male  citizen  of  this  St<ite  who  i.;  a 
citizen  of  the  United  States,  twenty-one  years  old  or  up- 
wards, not  laboring  under  any  of  the  disabilities  named 
in  this  article,  and  possessing  the  qualifications  re- 
quired by  it,  shall  be  an  elector,  and  shall  be  entitled  to 
vote  at  any  election  by  the  people. 


528  Journal  of  Alabama 

Sec.  2.  To  entitle  a  citizen  to  vote  at  any  election  by 
the  people,  he  shall  have  resided  in  the  State  at  least 
two  years,  in  the  county  one  year,  and  in  the  precinct 
or  ward  three  months,  immediately  preceding  the  elec- 
tion at  which  he  offers  to  vote,  and  he  shall  have  been 
duly  registered  as  an  elector,  and  shall  have  paid  on  or 
before  the  first  day  of  February  next  preceding  the  date 
of  the  election  at  which  he  offers  to  vote,  all  poll  taxes 
due  from  him  for  the  year  1901,  and  for  each  subsequent 
year;  provided,  that  any  elector  who,  within  three 
months  next  preceding  the  date  of  the  election  at  which 
he  offers  to  vote,  has  removed  from  one  precinct  or 
Avard  to  another  precinct  or  ward  in  the  same  county, 
incorporated  town  or  city,  shall  have  the  right  to  vote 
in  the  precinct  or  ward  from  which  he  has  so  removed, 
if  he  would  have  been  entitled  to  vote  in  such  precinct 
or  ward  but  for  such  removal. 

Sec.  3.  All  elections  by  the  people  shall  be  by  bal- 
lot, and  all  elections  by  persons  in  a  representative 
capacity  shall  be  viva  voce. 

Sec.  4.  The  following  male  citizens  of  this  State,  who 
are  citizens  of  the  United  States,  twenty-one  years  old 
or  upward,  who,  if  their  place  of  residence  shall  remain 
unchanged,  will  have,  at  the  date  of  the  next  general 
election,  the  qualifications  as  to  residence  prescribed  in 
Section  2  of  this  article,  and  who  are  not  disqualified 
under  Section  6  of  this  article,  shall,  upon  application, 
be  entitled  to  register  as  electors  prior  to  the  first  day 
of  January,  1903,  namely : 

First — All  who  have  honorably  served  in  the  land  or 
naval  forces  of  the  United  States  in  the  war  of  1812,  or 
in  the  war  with  Mexico,  or  in  any  war  with  the  Indians, 
or  in  the  Civil  War  between  the  States,  or  in  the  war 
with  Spain,  or  who  honorably  served  in  the  land  or 
naval  forces  of  the  Confederate  States,  or  of  the  State  of 
Alabama  in  the  war  between  the  States;  or 

Second — The  lawful  descendants  of  persons  who  hon- 
orably served  in  the  land  or  naval  forces  of  the  United 
States  in  the  war  of  the  American  Revolution,  or  in  the 
war  of  1812,  or  in  the  war  with  INIexico,  or  in  any  war 


Constitutional  Convention.  529 

with  the  Indians,  or  in  the  Civil  War  between  the  States, 
or  in  the  land  or  naval  forces  of  the  Confederate  States, 
or  of  the  State  of  Alabama  in  the  war  between  the 
States;  or 

Third — All  persons  of  good  character  and  who  under- 
stand the  duties  and  obligations  of  citizenship  under  a 
republican  form  of  government. 

Sec,  5.  After  the  first  day  of  January,  1903,  the  fol- 
,  fowiug  persons,  and  no  others,  who,  if  their  place  of 
residence  shall  remain  unchanged,  will  have,  at  the 
date  of  the  next  general  election,  the  qualitications  as 
to  residence  prescribed  in  Section  2  of  this  article, 
shall  be  qualified  to  register  as  electors;  provided,  they 
shall  not  be  disqualified  under  Section  6  of  this  article : 

Fii*st — Those  who,  unless  prevented  by  physical  dis- 
ability can  read  and  write  any  ai-ticle  of  the  Constitu- 
tion of  the  United  States  in  the  English  language,  and 
who,  being  physically  able  to  w^ork,  have  been  regularh' 
engaged  in  some  lawful  business  or  occupation,  trade 
or  calling  for  twelve  months  next  preceding  the  time 
they  otfer  to  register;  or 

Second — The  owner  in  good  faith  in  his  own  right  or 
the  husband  of  a  woman  who  is  the  owner  in  good  faith 
in  her  own  right,  of  forty  acres  of  land  situated  in  this 
State,  upon  which  they  reside;  or  the  owner  in  good 
faith  in  his  own  right,  or  the  husband  of  any  woman 
who  is  the  owner  in  good  faith  in  her  own  right,  of  real 
estate  situate  in  this  State  assessed  for  taxation  at  the 
value  of  |300  or  more,  or  the  owner  in  good  faith,  in 
his  own  right,  or  the  husband  of  a  woman  who  is  the 
owner  in  good  faith,  in  her  own  right,  of  personal  prop- 
erty in  this  State  assessed  for  taxatifm  at  |300  or  moVe ; 
provided,  that  the  taxes  due  upon  such  real  or  personal 
property  for  the  year  next  preceding  the  je-AV  in  which 
he  offers  to  register,  shall  have  been  paid,  unless  the  as- 
sessment shall  have  been  legally  contested  and  is  unde- 
termined. 

Sec.  6. — The  following  persons  shall  be  disqualified 
both  from  registering  and  from  voting,  namely : 

All  idiots  and   insane  persons;  those  who  shall,  by 

34 


530  Journal  of  Alabama 

reason  of  convictiou  of  crime,  be  disqualified  from  vot- 
ing at  the  time  of  the  ratification  of  tliis  Constitution;, 
and  those  who  shall  be  convicted  of  treason,  murder, 
arson,  embezzlement,  malfeasance  in  office,  larceny,  re- 
ceiving stolen  property,  obtaining  money  or  propert}^ 
under  false  pretenses,  perjury,  subornation  of  perjury, 
robbery,  assault  with  intent  to  rob,  burglary,  forgerj^ 
bribery,  assault  and  battery  on  the  wife,  bigamy,  living 
in  adultery,  sodomy,  incest,  rape,  miscegenation,  crime 
against  nature,  or  anj  crime  punishable  b}'  imprison- 
ment in  the  penitentiary,  or  of  any  infamous  crime  or 
crime  involving  moral  turpitude;  also,  any  person  who 
shall  be  convicted  as  a  vagrant  or  tramp,  or  of  selling 
or  offering  to  sell  his  vote  or  the  vote  of  another,  or  buy- 
ing or  offering  to  buv  the  vote  of  another  in  any  election 
by  the  people  or  in  any  primary  election  or  to  procure 
the  nomination  or  election  of  any  person  to  any  office, 
or  of  suborning  an}'  witness  or  registrar  to  secure  the 
registration  of  any  person  as  an  elector. 

8ec.  7. — No  person  shall  be  qualified  to  vote  or  parti- 
cipate in  any  primary  election,  party  convention,  mass 
meeting,  or  other  method  of  part}'  action  of  any  j^oliti- 
cal  party  or  faction,  who  shall  not  possess  the  qualifica- 
tions prescribed  in  this  article  for  an  elector,  or  who 
shall  be  disqualified  under  the  provisions  of  this  article 
from  voting. 

Sec.  8. — No  person,  not  registered  and  qualified  as 
an  elector  under  the  provisions  of  this  article  shall  vote 
at  any  State,  county  or  municipal  elections,  general,  lo- 
cal or  special,  held  subsequent  to  the  general  election 
in  1902;  but  the  provisions  of  this  article  shall  not  ap- 
plv  to  anv  election  held  prior  to  the  general  election  in 
1902. 

Sec.  9. — Any  elector  whose  right  to  Yote  shall  be 
challenged  for  any  legal  cause  before  an  election  officer 
shall  be  required  to  swear  or  affirm  that  the  matter  of 
the  challenge  is  untrue  liefore  his  vote  sliall  be  received, 
and  any  one  who  wilfully  swears  or  affirms  falsely  there- 
to shal  be  guilty  of  perjury. 

Sec.  10. — The  General  Assembly  shall  provide  by  law- 


Constitutional  Convention.  531 

for  the  registration,  after  the  first  day  of  January,  1903, 
of  all  qnalified  electors.  Until  the  first  day  of  Janu- 
ary, 1903,  all  electors  shall  be  registered  under  and  in 
accordance  with  the  requirements  of  this  Section  as 
follows : 

First — Registration  shall  be  conducted  in  each  county 
by  a  board  of  three  reputable  and  suitable  persons  resi- 
dent in  the  county,  who  shall  not  hold  any  elective  of- 
fice during  their  term,  to  be  appointed  within  sixty 
days  after  the  ratification  of  this  Constitution  by  the 
Governor,  Auditor  and  Commissioner  of  Agriculture 
•and  Industries,  or  a  majority  of  those,  acting  as  a  Board 
of  Appointment.  If  one  or  more  of  the  persons  ap- 
pointed on  such  Board  of  Kegistration  shall  refuse,  neg- 
lect or  be  unable  to  qualify  or  serve,  or  a  vacancy  or 
vacancies  occur  in  the  membership  of  the  Board  of  Reg- 
istrars from  3.n\  cause,  the  (fovernor,  Auditor  and  Com- 
missioner of  Agriculture  and  Industries  or  a  majority 
of  them  acting  as  a  Board  of  Appointment,  shall  make 
other  appointments  to  fill  such  Board.  Each  registrar 
shall  receive  |2  per  day,  to  be  paid  by  the  State,  and 
disbursed  by  the  several  Probate  Judges,  for  each  en- 
tire day's  attendance  upon  the  sessions  of  the  Board. 

Before  entering  upon  the  performance  of  the  duties 
of  his  office,  each  regitrar  shall  take  the  same  oath  re- 
quired of  the  judicial  officers  of  the  State,  which  oath 
may  be  administered  by  any  person  authorized  by  law 
to  administer  oaths.  The  oath  shall  be  in  writing  and 
subscribed  by  the  registrar  and  filed  in  the  office  of  the 
Probate  Judge  of  the  county. 

Second — Prior  to  the  first  day  of  August,  1902,  the 
Board  of  Registrars  in  each  county  shall  visit  each  pre- 
cinct at  least  once  and  oftener  if  necessary  to  make  a 
complete  registration  of  all  persons  entitled  to  register, 
and  remain  there  at  least  one  day  from  8  o'clock  in  the 
morning  until  sunset.  They  shall  give  at  least  twenty 
days'  notice  of  the  time  when,  and  the  place  in  the  pre- 
cinct where  they  will  attend  to  register  applicants  for 
registration,  by  bills  posted  at  five  or  more  public  places 
in  each  election  precinct,  and  by  advertisement  in  a 


532  Journal  of  Alabama 

newspaper,  if  there  be  one  published  in  the  count}', 
once  a  week  for  three  successive  weelvS.  Upon  failure 
to  give  such  notice,  or  to  attend  anv  appointment  made 
by  them  in  any  precinct,  they  shall,  after  like  notice, 
fill  new  appointments  therein;  but  the  time  consumed 
by  the  board  in  completini*  such  registration  shall  not 
exceed  sixty  working  days  in  any  county,  except  that  in 
counties  in  which  there  is  any  city  of  8,000  inhabitants 
or  over,  the  board  may  remain  in  session,  in  addition  to 
the  session  hereiuahove  prescribed,  for  not  more  than 
three  successive  weeks  in  each  of  said  cities ;  and  there- 
after the  board  may  sit  from  time  to  time  in  each  of 
said  cities  not  more  than  one  week  in  each  month,  and 
except  that  in  the  county  of  Jeiferson  the  board  may 
hold  additional  sessions,  of  not  exceding  five  consecu- 
tive days  duration  for  each  session,  in  any  town  or  city 
of  1,000  or  more,  and  less  than  8,000  inhabitants.  No 
person  shall  be  registered  except  at  the  county  site,  or 
in  the  precinct  at  which  he  resides.  The  registrars  shall 
issue  to  each  person  registered  a  certificate  of  registra- 
tion. 

Third — The  Board  of  Kegistrars  shall  register  no  per- 
son between  the  first  day  of  August,  1902,  and  the  Fri- 
day next  preceding  the  day  of  election  in  November, 
1902.  On  Friday  and  Saturday  next  preceding  the  day 
of  election  in  November,  1902,  they  shall  sit  in  the  court 
house  of  each  county  during  the  such  days,  and  shall 
register  all  applicants  having  the  qualifications  pre- 
scribed by  Section  2  of  this  article,  and  not  disqualified 
under  Sec.  6,  who  shall  have  reached  the  age  of  twenty- 
one  years  after  the  first  day  of  August,  1902,  or  who  shall 
prove  to  the  reasonable  satisfaction  of  the  board  that, 
l)y  reason  of  physical  disability  or  unavoidable  absence 
from  the  county,  they  had  not  opportunity  to  register 
prior  to  the  first  day  of  August,  1902;  and  shall  on 
such  days  register  no  other  persons.  When  there  are 
two  or  more  court  houses  in  one  county,  the  registrars 
may  sit  during  such  two  days  at  either  of  such  court 
houses  they  may  select,  but  shall  give  ten  days'  notice 


Constitutional  Convention.  533 

hj  bills  posted  at  each  of  the  other  court  houses,  desig- 
uating  the  c-oiirt  house  at  which  they  will  so  sit. 

Fourth — The  Board  of  Registrars  shall  hold  sessions 
at  the  court  house  of  their  respective  counties  during 
the  entire  third  week  in  November,  1902,  and  for  six 
working  days  next  prior  to  the  twentieth  day  of  Decem- 
ber, 1902,  during  which  sessions  they  shall  register  all 
persons  applying  who  possess  the  qualifications  pre- 
scribed in  Sections  2  and  4,  and  who  shall  not  be  dis- 
qualified under  Section  6  of  this  article.  In  counties 
where  there  are  two  or  more  court  houses,  the  Board  of 
Registrars  may  elect  at  which  court  h«)use  the}^  will 
hold  such  session.  The  Board  of  Registrars  shall  give 
notice  of  the  time  and  place  of  such  sessions  by  posting 
notices  at  each  court  house  in  their  respective  counties, 
and  at  each  voting  place  and  at  three  other  public 
places  in  the  county,  and  1)3^  puldication  once  a  week  for 
two  consecutive  weeks  in  a  newspaper,  if  one  be  pub- 
lished in  the  county;  such  notices  to  be  published  and 
such  publcations  to  be  commenced  as  early  as  practi- 
cable in  the  first  week  in  November,  1902;  provided, 
that  a  failure  on  the  part  of  the  registrars  to  conform 
to  the  provisions  of  this  section  as  to  notices  to  be  given 
shall  not  invalidate  any  registration  made  by  them. 

Fifth — The  Board  of  Registrars  shall  have  power  to 
examine,  under  oath  or  affirmation,  all  applicants  for 
registration,  and  to  take  testimony  touching  the  quali- 
fications of  such  applicants ;  each  member  of  such  board 
is  authorized  to  administer  the  oath  to  be  taken  by  the 
applicants  and  witnesses,  which  shall  be  in  the  follow- 
ing form,  and  subscribed  by  the  person  making  it,  and 
preserved  by  the  board,  namely : 

"I  solemnly  swear  (or  affirm)  that  in  the  matter  of 

the  application  of    for   registration  as  an 

elector,  I  will  speak  the  truth,  the  wbole  truth,  and 
nothing  but  the  truth,  so  help  me  God." 

Any  person,  who,  upon  sucli  examination,  makes  any 
wilfully  false  statement  in  reference  to  any  material 
matter  touching  the  qualification  of  any  applicant  for 
registration  shall  be  guilty  of  perjury. 


534  Jouuxal'  of  Alabama 

Sixth — The  action  of  the  majority  of  the  Board  of 
Reg'istrais  shall  be  the  action  of  the  board.  Any  per- 
son denied  registration  shall  have  the  right  to  api>eal, 
within  thirty  days  after  such  denial,  by  filing  a  pet/tion 
in  the  Circuit  Court  or  court  of  like  jurisdiction  held 
for  the  county  in  \yhich  he  seeks  to  yote,  to  haye  his 
qualifications  as  an  elector  determined.  Upon  filing 
the  petition  the  clerk  of  the  court  shall  giye  notice  there- 
of to  any  Solicitor  authorized  to  represent  the  State  in 
said  county,  whose  dut^'  it  shall  be  to  appear  and 
defend  against  the  petition  on  behalf  of  the  State.  Upon 
such  trial,  the  court  shall  charge  the  jury  only  as  to 
what  constituted  the  qualifications  that  entitled  the  ap- 
plicant to  become  an  elector  at  the  time  he  applied  for 
registration,  and  the  jury  shall  determine  the  weight 
and  effect  of  the  eyidence  and  return  a  yerdict.  From 
the  judgment  rendered  au  appeal  will  lie  to  the  Supreme 
Court  in  fayor  of  the  petitioner,  to  be  taken  within 
thirty  days.  Final  judgment  in  fayor  of  the  petitioner 
shall  entitle  him  to  registration  as  of  the  date  of  his  ap- 
plication to  the  registrars. 

Seyenth — The  Secretary  of  State  shall,  at  the  expense 
of  the  State,  haye  prepared  and  furnished  to  the  regis- 
trars and  Probate  Judges  yi  the  several  counties,  a  suffi- 
cient number  of  registration  books,  and  of  blank  forms 
of  certificates  cf  registration  and  of  oaths  and  of  the 
notices  required  to  be  given  by  the  registrars.  The  cost 
of  the  publication  in  newspapers  of  the  notices  required 
to  be  given  by  the  registrars  shall  be  paid  by  the  State, 
the  bills  therefor  to  l)e  rendered  to  the  Secretary  of 
State,  and  approved  by  him. 

Sec.  11. — The  Board  of  Registrars  in  each  county 
sliall,  on  or  before  the  first  day  of  February,  1903.  file 
in  the  Probate  Court  of  their  county  a  complete  list, 
sworn  to  by  tliem,  of  all  persons  reo-'stered  in  their 
, county,  with  tbp  precinct  or  wavd  in  which  each  of  such 
perso^is  reside  set  opposite  the  names  of  such  persons, 
and  shall  also  file  a  like  list  in  the  office  of  the  Secretary 
of  Stnte.  The  Judge  of  Probate  shall  on  or  before  the 
first  day  of  ^Nlarch.  1003,  cause  to  be  made  from  such 


Constitutional  Convention.  535 

list  in  duplicate,  in  the  books  furnished  by  the  Secre- 
taiy  of  State,  an  alphabetical  list  by  precincts  of  the 
persons  shown  by  the  list  of  the  registrars  to  have  been 
registered  in  the  county,  and  shall  file  one  of  such  alpha- 
betical lists  in  the  office  of  Secretary  of  State ;  for  which 
services  by  the  Probate  Judge  compensation  shall  be  pro- 
vided by  the  General  Assembly.  The  Judge  of  Probate 
shall  keep  both  the  original  list  filed  by  the  registrars 
and  the  alphabetical  list  made  therefrom  as  records  in 
the  Probate  Court  of  the  county. 

Unless  he  shall  become  disqualified  under  the  pro- 
visions of  this  article,  any  one  who  shall  register  prior 
to  the  first  day  of  January,  1903,  shall  remain  an  elec- 
tor during  life,  and  shall  be  required  to  register  only  in 
case  of  a  change  of  residence,  on  production  of  his  cer- 
tificate. The  certificate  of  the  registrar  or  of  the  Pro- 
bate Judge  or  of  the  Secretary  of  State  shall  be  suffi- 
cient evidence  to  establish  the  fact  of  such  life  regis- 
tration. Such  certificate  shall  be  issued  free  of  charge 
to  the  elector,  and  the  General  Assembly  shall  provide 
by  law  for  the  renewal  of  such  certificates  when  lost, 
mutilated  or  destroyed. 

Sec.  12, — From  and  after  the  first  day  of  January, 
1903,  any  applicant  for  registration  may  be  required  to 
state  under  oath,  to  be  administered  by  the  registrar 
or  by  any  person  authorized  by  law  to  administer  oaths, 
"where  he  lived  during  the  five  years  nest  preceding  the 
time  at  which  he  applies  to  register,  and  the  name  or 
names  that  he  was  known  by  during  that  period,  and  the 
names  of  his  emplo^'er  or  employers,  if  any,  during 
such  period.  Any  applicant  for  registration  who  re- 
fuses to  state  such  facts,  or  any  of  them,  shall  not  be 
entitled  to  register,  and  any  person  so  offering  to  regis- 
ter who  wilfully  makes  a  false  statement  in  regaixl  to 
such  matters  or  any  of  them,  shall  be  guilty  of  perjury. 

Sec.  13. — In  the  trial  of  any  contested  election,  and  in 
proceedings  to  investigate  any  election,  no  person  other 
than  a  defendant  will  be  allowed  to  withhold  his  testi- 
Tiiony  on  the  ground  that  he  may  incriminate  himself 
or  subject  himself  to  public  infamy;  but  such  person 


536  Journal  of  Alabama 

shall  not  be  prosecuted  for  an}-  otfense  arising  out  of 
the  transaction  concerning  which  he  testified,  but  may 
be  prosecuted  for  perjury  committed  on  such  examina- 
tion. 

Sec.  14. — The  General  Assembly  shall  pass  laws  not 
inconsistent  with  this  Constitution  to  regulate  and  gov- 
ern elections,  and  all  such  laws  shall  be  uniform 
throughout  the  State;  and  shall  provide  by  law  for  the 
manner  of  holding  elections  and  of  ascertaining  the  re- 
sult of  the  same,  and  shall  provide  general  registration 
laws  not  inconsistent  with  the  provisions  of  this  article, 
for  the  registration  of  all  (qualified  electors  from  and 
after  the  first  day  of  January,  1903.  The  General  As- 
sembly shall  also  make  provisions  b}'  law,  not  incon- 
sistent with  this  article,  for  the  regulation  of  primary 
elections,  and  for  punishing  frauds  at  the  same,  but 
shall  not  make  primary  elections  compulsory. 

Sec.  15. — It  shall  be  the  duty  of  the  General  Assembly 
to  pass  adequate  laws  giving  protection  against  the 
evils  arising  from  the  use  of  intoxicating  liquors  at 
all  elections. 

Sec.  16. — Electors  shall  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  elections,  or  while  going  to 
or  returning  therefrom. 

Sec.  17. — Keturns  of  elections  for  all  civil  officers 
who  are  to  be  commissioned  by  the  Governor,  except 
Secretary  of  State,  Auditor,  Treasurer,  Commissioner 
of  Agriculture  and  Industries,  Attorney  General  and 
Superintendent  of  Education,  and  for  the  members  of 
the  General  Assembly,  shall  be  made  by  the  Secretary 
of  State. 

Sec.  18. — The  poll  tax  mentioned  in  this  article  shall 
be  |1.50  upon  each  male  inhabitant  of  the  State,  over 
the  age  of  twenty-one  years,  and  under  the  age  of  forty- 
five  years,  who  would  not  now  be  exempt  by  law.  Such 
poll  tax  shall  become  due  and  payable  on  the  first  day 
of  October  in  each  year  and  become  delinquent  on  the 
first  dav  of  the  next  succeeding  February,  but  no  legal 
process  nor  any  fee  or  commission  shall  be  allowed  for 


COXSTITUTIOXAL   CONVENTION.  537' 

the  collectiou  thereof.  The  Tax  Collector  shall  make 
returns  for  poll  tax  collections  separate  from  other  col- 
ections. 

Sec.  19. — If  any  section  of  this  article  shall  become 
inoperative  and  void  by  reason  of  the  decision  of  any 
court  of  competent  jurisdiction,  the  General  Assembly 
shall  have  power,  and  it  is  hereby  authorized  to  remedy 
the  defect  in  such  section  pointed  out  by  such  adjudica- 
tion, by  a  two-thirds  vote  of  all  the  members  of  each 
House  of  the  General  Assembly ;  provided,  that  the  sec- 
tions of  this  article  uneffected  by  such  decisions  shall 
remain  unchanged.  Upon  any  other  section  becoming 
inoperative  by  any  subseciuent  adjudication  of  such 
court,  the  General  Assembly  shall  have  authority  to 
remedy  the  defect  in  like  manner  as  hereinabove  pre- 
scribed. 

MINORITY  REPORT. 

Mr.  President: 

The  undersi(?ned,  members  of  the  Committee  on  Suf- 
frage and  Elections,  beg  leave  to  dissent  from  that  part 
of  the  report  of  said  committee,  which  recommends  the 
adoption  of  the  second  subdivision  of  Section  4  of  the 
article  reported  by  the  committee,  which  reads  as  fol- 
lows : 

"The  lawful  descendants  of  persons  T\iio  honorably 
served  in  the  land  or  naval  forces  of  the  United  States 
'in  the  war  of  the  American  Revolution,  or  in  the  war 
of  1812,  or  in  the  war  with  Mexico,  or  in  any  war  with 
the  Indians,  or  in  the  Civil  War  between  the  States,  or 
in  the  land  or  naval  forces  of  the  Confederate  States, 
or  of  the  State  of  Alabama  in  the  war  between  the 
States." 

We  are  of  the  opinion  that  the  above  clause,  on  its 
face,  violates  the  Federal  Constitution,  which  we  have 
taken  an  oath  to  support.  It  undertakes  by  indirect 
means,  to  deny  or  abridge  the  right  to  vote  to  citizens 
of  the  United  States  on  account  of  race,  color  or  pre- 


•538  Journal  of  Alabama 

viou'S  condition  of  servitude,  which  is  forbidden  by  the 
Fifteenth  amendment  to  that  instrument. 

This  is  done  by  conferring  the  right  to  vote  upon  a 
class,  viz.,  descendants  of  soldiers,  this  class  including 
practically  all  of  the  white  and  excluding  practically 
iall  of  the  negro  race. 

The  clause  quoted  does  not  erect  a  standard  of  quali- 
fications applicable  alike  to  both  races,  but  establishes 
an  arbitrary  standard,  which,  considered  in  connection 
with  the  history  of  the  country,  confers  the  right  of 
suffrage  upon  members  of  the  Avliite  race  (who  are  de- 
scendants of  such  soldiers)  and  denies  it  to  members  of 
the  black  race,  who  are  not  such  descendants. 

It  does  not  prescribe  a  qualification  bearing  any  proper 
relation  to  the  capacity  of  the  voter  to  understand  and 
discharge  the  responsibilities  of  the  elective  franchise, 
but  fixes  an  arbitrary  status,  depending  solely  upon  his 
descent  from  an  ancestry  over  which  he  had  and  has  no 
control,  and  which  is  impossible  of  attainment  by  any 
exertion  on  his  part. 

We  submit  that  the  test  required  is  not  a  rule  or  con- 
dition to  which  all  citizens  similarly  situated,  may 
conform.  This,  we  understand  from  the  decisions  of 
the  United  States  Supreme  Court,  is  necessary  to  make 
it  valid. 

For  these  reasons  we  believe  this  clause  to  be  vio- 
lative of  the  Fifteenth  Amendment  to  the  Federal  Con- 
stitution, in  its  necessary  operation,  without  reference 
to  its  administration.  It  can  only  be  administered  in 
one  way,  and  can  affect,  materially,  only  the  two  classes 
established  by  it. 

.By  adopting  this  provision  we  invite  an  attack  upon 
our  suffrage  plan  through  the  courts,  which  may  declare 
it  void,  and  also,  give  Congress  an  f)pportunity  to  reduce 
our  representation  in  the  lower  House,  and  our  vote  in 
the  Electoral  college,  and  it  seems  that  the  minority 
are  not  alone  in  the  apprehension  that  something  of 
this  kind  may  occur. 

The  committee  itself  has  expressed  its  want  of  con- 
iidence  in  tlie  validity  of  this  scheme,  by  recommenfling 


Constitutional  Convention.  639 

the  adoptiou  of  iSection  19,  which  provides  tliat  if  any 
section  of  the  article  sliould  become  inoperative  and 
void  by  reason  of  the  decision  of  any  court  of  competent 
jurisdiction,  the  Leglshiture  might  remedy  the  defect 
caused  by  such  decision,— an  unusual  and  extraordinary 
conception. 

Will  any  member  of  the  committee,  or  any  other 
(?andid  man,  maintain  that  this  scheme  is  not  intended 
to  discriminate  in  favor  of  one  race  and  against  the 
other  ? 

Aside  from  the  Constitutional  objections,  there  are 
other  weight}^  reasons  why  this  provision  should  not  be 
in  our  Consttution : 

First — It  establishes  a  permanent,  hereditary,  govern- 
ing class,  which  is  undemocratic,  unrepublican,  and  un- 
American. 

Second — It  is  not  in  keeping  with  the  dignity  of  a 
progressive,  just  and  enlightened  State. 

Third — It  insults  the  white  men  of  Alabama  and  pro- 
claims their  inferiority  to  the  negro  by  requiring  of 
them,  as  suffragans,  a  lower  standard  of  capacity  and 
intelligence  than  that  required  of  the  negro. 

Fourth — It  is  impracticable  of  administration,  owing 
to  the  impossibility  of  establishing,  with  any  certainty, 
descent  from  remote  ancestors.  The  field  of  speculation 
into  which  we  are  carried  opens  wide  the  doors  of  fraud 
and  perjury. 

Fifth — It  is  not  necessary.  The  ballot  can  be  se- 
cured to  the  honest  and  capable  without  resorting  to 
this  subterfuge. 

Sixth — Out  of  respect  for  the  opinion  of  thoughtful 
and  fair  minded  men  everywhere,  we  ought  not  to  in- 
corporate in  our  fundamental  law  this  unwise  and  ques- 
tionable scheme.  It  will  retard  the  investment  of  capi- 
tal, and  check  the  flow  of  immigration  to  our  State.  Ala- 
bama should  take  no  backward  step. 

Seventh — The  adoption  of  a  fair  and  honest  suffrage 
plan  would  secure  the  sympathy  and  confidence  of  our 
'fellow  citizens  in  everv  sf^ction  of  tlte  Union. 

Eighth — By  accepting  this  novel  device  we  are  launch- 


540  Journal  of  Alabama 

ing  the  ship  of  state  upon  unexplored  seas.  We  had 
better  pursue  the  course  our  fathers  traveled  and  use 
the_helm  with  which  they  steered. 

We  adhere  firmly  to  the  Jacksonian  Democratic  doc- 
trine of  equal  rights  to  all,  special  privileges  to  none. 

Hence,  we  recommend  that  the  aforesaid  subdivision 
2  of  Section  4  be  stricken  out. 
Eespectfully  submitted, 

Frank  S.  W^hite^ 
S.  H.  Dent, 
Geo.  p.  Harrison, 
Wm.  C.  Gates. 

Mr.  Coleman,  of  Greene,  moved  that  the  report  lie  on 
the  table,  and  that  2,000  copies  of  said  report  be  printed,, 
and  that  the  report  be  taken  up  for  consideration  at 
the  pleasure  of  the  Convention. 

The  motion  prevailed,  and  2,000  copies  were  ordered 
printed. 

Mr.  Proctor  moved  that  each  delegate  be  allowed  12 
copies  of  said  report  when  printed. 

The  motion  prevailed. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  report  of  the  Committee  on  Taxation. 

The  Chair  stated  that  the  question  was  upon  the  mo- 
tion of  Mr.  Sollie  to  reconsider  the  vote  by  which  Sec- 
tion 1  of  the  Article  XI,  reported  l)y  the  Committee  on 
Taxation,  was  adopted. 

Mr.  Sollie  moved  to  indefinitely  postpone  the  motion 
to  reconsider,  and  the  motion  prevailed. 

The  question  recurred  upon  the  motion  of  Mr.  de- 
Graffenried  to  table  Section  4  of  the  Article  XI  re- 
ported by  the  Committee  on  Taxation. 

■Mr.  deGraffenried  asked  unanimous  consent  to  with- 
draw his  motion  to  table  Section  4. 

Consent  was  granted,  and  the  motion  to  table  was 
withdrawn. 

Mr.  deGraffenried  offered  the  following  amendment 


Constitutional  Convention.  541 

to  Section  4  of  the  Article  XI  reported  by  the  Com- 
mittee on  Taxation : 

.  Amend  Section  4  by  striking  the  words  "sixty-five" 
and  add  in  lieu  thereof  the  words  "seventy,"  and  add 
to  the  end  of  the  section  the  following:  "The  General 
Assembh^  shall,  at  each  session,  set  apart  a  sufficient 
amount  of  such  levy  to  i>ay  the  interest  on  the  public 
debt,  and  the  proceeds  of  the  levy  so  set  apart  shall  be 
used  for  no  other  purpose." 

adjournment. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Taxation,  the  hour  of  2  o'clock  p.  m. 
arrived,  and  under  the  resolution  heretofore  adopted 
the  Convention  adjourned  until  10  o'clock  Monday 
mornino-. 


THIRTY-FOURTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Monday,  July  1,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  oft'ered  by  Rev.  Dr.  Patterson  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constitute  a 
quorum  : 

Messrs.  President,  Beddow, 

Almon,  Bethune, 

Ashcraft,  Blackwell, 

Barefield,  Brooks, 

Beavers,  Browne, 


542 


Journal  of  Alabama- 


Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carnathon, 

Chapiuan, 

Cobb, 

Cofer, 

Coleman  (Walker), 

Cunninoham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fletcher, 

Foshee, 

Foster, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Knight, 


Kyle, 

Ledbetter, 

Leigh, 

iwocklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

^lacdonald, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo). 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale),. 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Reynolds  (Chilton),. 

Robinson, 

Rogers  (Lowndes),. 

Rogers  (Sumter), 

Sanders, 

San  ford, 

Sentell, 

Sloan, 


Constitutional  Convention.  543- 

Smith  (Mobile),  Watts, 

Smith,  Mac.  A.,                       Weakley, 

Sollie,  ^             Weatherlv. 

Spears,  *             White, 

Spragins,  Wliiteside, 

Stewart,  Williams  (Barbour), 

Studdard,  Williams  (Marengo), 

Tayloe,  AViim— 109. 

Waddell, 

LEAVES   OF    ABSENCE. 


Was  granted  to  Messrs,  Kirkland  for  to-day ;  Searcey 
for  to-day;  Smith,  M.  M.,  for  to-day;  Proctor  for  to- 
day ;  Reynolds,  of  Henry,  for  Saturday  last  and  to-day  y 
deGraffenried  for  to-day  and  to-morrow;  Samford  for 
to-day  and  to-morrow;  Beavers  for  to-day;  Altman  in- 
definitely ;  Duke  indefinitely ;  ^Valker  for  to-day  and  to- 
morrow; Willett  for  to-day;  Case  for  to-day;  Wilson, 
of  Clarke,  for  to-day. 

report  of   the   committee  on  the  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  thirty- 
third  day  of  the  Convention  and  that  the  same  is  cor- 
rect. 

Respectfully  submitted, 

John  F.  Proctor^  Chairman, 

RESOLUTIONS. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Resolution  213,  by  Mr.  Fletcher : 

Whereas,  this  Convention  was  called  chiefly  to  make  a 
Constitution  regulating  suffrage  and  taxation,  and 

Whereas,  more  than  one-half  of  the  time  alloted  for 


544  Journal  of  Alarama 

its  work  In'  the  enabling  act  has  been  consumed  in  the 
passage  of  one  article;  and 

Wh.ereas,  expedition  is  plainly  essential  to  the  carry- 
ing out  of  the  purposes  for  which  this  Convention  as- 
sembled, and  to  economize  expenses  to  the  State;  and 

Whereas,  it  is  believed  that  the  consideration  and  dis- 
position of  the  Suffrage  article  as  soon  as  possible  will 
greatly  facilitate  and  hasten  to  completion  the  business 
novv'  before  the  Convention ; 

Therefore,  be  it  Resolved,  That  after  the  adoption  of 
the  article  now  being  discussed,  the  Article  on  Suffrage 
shall  be  taken  up  for  consideration,  and  continued  until 
finally  disposed  of; 

Be  it  further  Resolved,  That  all  articles  heretofore 
made  special  orders  shall  be  postponed  and  taken  up  in 
their  regular  order  after  the  article  on  Suffrage  shall 
have  been  adopted. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  214,  by  Mr.  Henderson  : 

Resolved,  That  whereas,  under  Chapter  5  of  Article 
1  of  the  Statutes  of  this  State,  it  is  provided  that  the 
expense  incurred  in  maintaining  the  office  of  the  De- 
partment of  Agriculture  shall  be  paid  out  of  the  funds 
to  the  credit  of  this  department,  derived  from  the  sale 
of  fertilizer  tags,  and  further,  provided,  among  other 
duties  that  the  commissioner  shall  furnish  informa- 
tion and  illustrative  maps,  as  to  mines,  minerals,  for- 
ests, soils,  climate,  water,  water  power,  industries,  and 
aid  in  immigration,  all  of  which  is  in  the  interest  of  the 
entire  State;  and 

Whereas,  this  Convention,  in  adopting  report  of  the 
Committee  on  Executive  Department,  has  made  the  De- 
partment of  Agriculture  and  Industries  a  constitutional 
office; 

Now,  therefore,  be  it  Resolved  by  the  people  of  Ala- 
bama, in  Convention  assembled.  That  no  separate  de- 
partment of  this  State  should  be  maintained  out  of  any 
S])ecial  tax  levied  and  collected  under  the  laws  of  this 
State. 


Constitutional  Convention.  545 

Resolved  further,  That  it  being  evident  that  the  tax 
on  fertilizers  is  largely  in  excess  of  the  amount  neces- 
sary for  the  protection  of  the  farmers  against  spurious 
guano's,  we  therefore  recommend  that  it  shall  be  the 
duty  of  the  General  Assembly  to  enact  such  law  as  will 
require  all  taxes  and  licenses  collected  for  the  sale  of 
fertilizer  tags  to  be  paid  into  the  general  fund  of  this 
State,  as  well  as  to  make  such  just  and  proper  reduction 
in  said  tax  as  will  not  exceed  the  cost  of  the  purpose  for 
which  it  was  authorized  to  be  levied  and  collected. 

The  resolution  was  referred  to  the  Committee  on 
Taxation. 

report  of  standing  committees. 

Mr.  Heflin,  of  Randolph,  chairman  of  the  Committee 
on  Schedules,  Printing*  and  Incidental  Expenses,  re- 
ported the  following  resolution  favorably,  with  an 
amendment : 

Resolution  168,  by  Mr.  Gates: 

Resolved,  That  inasmuch  as  the  printed  acts  of  the 
last  session  of  the  General  Assembly  are  so  voluminous 
as  to  make  them  unwieldy  and  easily  destructible,  that 
the  Secretary  of  State  be  directed  to  have  them  bound 
as  follows : 

The  General  Laws  in  one  volume,  the  General  and 
Local  Laws  in  two  volumes;  the  additional  cost,  if  any, 
to  be  paid  out  of  the  public  printing  appropriation. 

Mr.  Spragins  moved  to  table  the  resolution  168. 

The  motion  previiiled,  and  the  resolution  was  laid 
upon  the  table. 

unfinished  business. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Taxation. 

The  question  was  upon  the  amendment  offered  by 
deGraffenried  to  Section  4  of  the  Article  XI,  reported 
by  the  Committee  on  Taxation. 

35 


546 


Journal  of  Alabama 


RECESS. 


PciKliui*-  the  further  eonsideratiou  of  the  report  of 
the  Ooiuiuittee  on  Taxation,  the  hour  of  1  o'clock  p.  m. 
arrived,  and  uuder  the  rules,  the  Couveution  recessed 
until  3  o'clock  this  afternoon. 


AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  consti- 
tuted a  quorum : 


Messrs.  President, 

Almon, 

Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Browne, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 


Coleman  (Walker), 

Cornwell, 

Cunningham, 

Davis  (DeKalb), 

Dent, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fletcher, 

Foshee, 

Foster, 

Glover, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Harrison, 

Hefl'in  (Chambers), 

Heflin  (Randolph), 

Hendorson, 

Hinson, 


Constitutional  Convention. 


547 


Hodges, 

Howell, 

Ino-e, 

Jenkins, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Miilkey, 

Murphree, 

Norman, 

Norwood, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 


Parker  (Elmore), 

Pettus, 

Phillips, 

Pillaus, 

Pitts, 

Reese, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Tayloe, 

Waddell, 

W^atts, 

Weakley, 

Weatherly, 

White, 

Williams  (Barbour), 

Williams  (Marengo), 

Winn— 101. 


unfinished  business. 


The  Convention  proceeded  to  the  consideration  of  the 
unfinished  Inisiness,  which  was  the  report  of  the  Com 
mittee  on  Taxation. 

The  question  was  upon  the  amendment  offered  by 
Mr.  deCraffenried  to  Section  4  of  the  Article  XI  re- 
ported 1)Y  the  Committee  on  Taxation. 

Mr.  White  moved  to  table  the  amendment  offered  by 
Mr.  deCraffenried. 


548 


Journal  of  Alabama 


Tlie  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

Mr.  White  moved  to  table  Section  4  of  Article  XI, 
reported  by  the  Committee  on  Taxation. 

The  motion  to  table  was  lost :  Yeas,  32 ;  nays,  G6. 


YEAS. 


Messrs.  Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Cobb, 

Davis  (Etowah), 

Dent, 

Eley, 

Eyster, 

Ferguson, 

Graham  (Montgomery), 

Greer  (Calhoun), 

Henderson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 


Locklin, 

Lowe  (Jefferson), 

Murphree, 

Norwood, 

O'Neal  (Lauderdale) 

Opp, 

Reynolds  (Chilton), 

Iiogers  (Lowndes), 

Sanders, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Waddell, 

Watts, 

Weaklev, 

White, " 

Williams  ( Barbour  )- 


32. 


NAYS. 


Messrs.  President, 

Bethune, 

Brooks, 

Browne, 

Burnett, 

Burns, 

Byars, 

Carnathon, 

Cofer, 

Coleman  (Walker), 

Cunningham, 

r.'wis  (DeKalb), 

Espy, 

Fletcher, 


Foshee, 

Foster, 

Gilmore, 

Glover, 

Grant, 

Grayson, 

Greer  (Perry), 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Hodges, 

Howze, 

Inge, 


^  Constitutional  Convention.  549 

Jackson,  Phillips, 

Jones  (Wilcox),  Pillans, 

Kirk,  Pitts, 

Knight,  Keese, 

Kyle,  Robinson, 

Leigh,  Rogers  (Sumter), 

Long  (Butler),  Sanford, 

Long  (Walker),  Sen  tell, 

Macdonald,  Sloan, 

Martin,  Sorrell, 

Maxwell,  Spears, 

Merrill,  Spragins, 

Moody,  Stewart, 

Mulkey,  Studdard, 

NeSmith,  Tayloe, 

Norman,  Weatherly, 

O'Rear,  Whiteside, 

Parker  (Elmore),  Williams  (Marengo), 

Pettus,  Winn— 66. 

PAIRS  ANNOUNOM). 

The  following  pairs  were  announced : 

Messrs.  Corn  well  and  Almon;  Blackwell  and  Proc- 
tor ;  Graham,  of  Talladega,  and  Cardon ;  Carmichael,  of 
Colbert,  and  Haley ;  Ledbetter  and  Coleman,  of  Greene ; 
Lomax  and  Searcy;  Selheimer  and  Lowe,  of  Lawrence; 
McMillan,  of  Wilcox,  and  Miller,  of  Marengo;  Wilson, 
of  Washington;  and  Miller,  of  Wilcox;  Gates  and  Mor- 
risette;  Wilson,  of  Clarke,  and  Palmer;  Kirkland  and 
Sollie. 

Messrs.  Corn  well,  Blackwell,  Graham,  of  Talladega; 
Carmichael,  of  Colbert;  Ledbetter,  Lomax,  Selheimer, 
McMillan,  of  Wilcox;  Wilson,  of  Washington;  Gates, 
Wilson,  of  Clarke;  and  Kirkland  would  vote  aye;  and 
Messrs.  Almon,  Proctor,  Cardon,  Haley,  Coleman,  of 
Greene;  Searcey,  Lowe,  of  Lawrence;  Miller,  of  INIa- 
rengo;  Miller,  of  Wilcox;  Morrisette,  Palmer,  and  Sol- 
lie  would  vote  nay. 

Mr.  Williams,  of  Marengo,  moved  to  adopt  Section  4, 
as  reported  by  the  committee. 


h56  Journal  of  Alarama 

The  motion  prevailed,  and  Section  4  was  adopted. 

SECTION   FIVE. 

Sec.  5.  No  county  in  tliis  State  shall  be  authorized  to 
levy  a  larger  rate  of  taxation,  in  any  one  year,  on  the 
value  of  the  taxable  property  therein,  than  1-2  of  1  per- 
centum;  provided,  that  to  pay  debts  existing  at  the 
ratification  of  the  Constitution  of  1875,  an  additional 
rate  of  1-1  of  1  per  centum  may  be  levied  and  collected, 
which  shall  be  exclusively  appropriated  to  the  payment 
of  such  debts  or  the  interest  thereon ;  provided  further, 
that  to  pay  any  debt  or  liability  now  existing  against 
any  county,  incurred  for  the  erection,  construction  and 
maintenance  of  the  necessary  public  buildings  or 
bridges  or  roads,  any  county  may  levy  and  collect  such 
special  taxes  not  to  exceed  a  rate  of  1-1  of  1  percentum, 
as  may  have  been  or  may  hereafter  he  authorized  by  law, 
which  taxes  so  levied  and  collected  shall  be  applied  ex- 
clusively to  the  purposes  for  which  the  same  were  so 
levied  and  collected;  provided  further,  that  for  the 
maintenance  of  public  schools  any  county  may  levy  and 
collect  such  special  tax  as  may  be  authorized  by  law, 
provided  such  special  tax,  the  time  it  is  to  continue,  and 
the  purposes  thereof,  shall  have  been  first  submitted  to 
a  vote  of  the  property  taxpayers,  who  are  qualified  elect- 
ors in  said  county  and  voted  for  by  majority  thereof  in 
numbers  and  in  value  of  taxable  property,  voting  at 
such  election,  provided  that  the  rate  of  such  special  tax 
for  maintenance  of  public  schools  shall  not  increase  the 
rate  of  taxation  in  any  one  year  to  more  than  |1.25  on 
every  one  hundred  dollars  worth  of  taxable  property, 
for  all  State  and  County  purposes,  excluding  any  spe- 
cial tax  for  the  erection,  construction  and  maintenance 
of  necessary  public  buildings,  bridges  and  roads;  and 
provided  further,  that  such  special  tax  for  schools  shall 
be  apportioned  equitably  and  paid  to  the  public  schools 
of  such  county,  by  the  Court  of  County  Commissioners 
or  Board  of  Revenue  thereof. 

Was  read  at  length. 

Mr.  Cunningham  offered  the  following  amendment 


OONSTITWTIONAL  CONVENTION.  551 

to  Section  5  of  the  Article  XI  reported  b}^  tlie  Commit- 
tee on  Taxation: 

Strike  out  in  the  fifteenth  line  the  phrase  "property 
tax  payers  who  are"  and  in  the  sixteenth  line  the  fol- 
lowing words  "in  numbers  and  in  value  of  taxable  prop- 
erty.""^ 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  amendment 
to  Section  5  of  the  Article  XI,  reported  by  the  Com- 
mittee on  Taxation,  the  hour  of  5  oVdock  p.  m,  arrived, 
and  under  the  rules  the  Convention  adjourned  until  10 
o'clock  to-morrow  morning. 


THIRTY-FIFTH  DAY. 
Convention  Hall. 

Montgomery,  Ala.,  Tuesday,  July  2,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Ilev.  Mr.  Patterson  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constitute  a 
quorum : 

Messrs.  President,  Browne, 

Almon,  Bulger, 

Ashcraft,  Burnett, 

Banks,  Burns, 

Barefield,  Byars, 

Beavers,  Cardon, 

Beddow,  Carmichael  (Colbert), 

Bethune,  Carmichael  (Coffee), 

Blackwell,  Carnathon, 

Brooks,  Chapman, 


562 


Journal  of  Alabama 


Cobb, 

Cofer, 

Coleman  ^Walker), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Duke, 

Eley,       , 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Foshee,  ^ 

Poster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Harrison, 

Heflin  (Chambers). 

Heflin  (Randolph),' 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jenkins^ 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 


Knight, 

Kirkland, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Wilcox), 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Kear, 

Palmer, 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Reest', 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  ( Lowndes ) , 

Rogers  (Sumter), 

Sanders, 


Constitutional  Convention.  553 

Sanford,  Tayloe, 

Searcy,  Waddell, 

Selheimer,  Walker, 

Sentell,  Watts, 

Sloan,  Weakley, 

Smith  (Mobile),  Weatlierly, 

Smith,  Mac.  A,  White, 

Smith,  Morgan  M.,  Whiteside, 

Sollie,  Willett, 

Sorrell,  Williams  (Barbour), 

Spears,  Williams  (Marengo), 

Spragins,  Wilson  (Clarke). 

Stewart,  Winn — 130. 

Studdard, 

LEAVE  of  absence. 

Was  granted  to  Messrs.  Carmichael,  of  Coffee,  for 
yesterday;  Thompson  for  Saturday  last,  yesterday  and 
to-day ;  Rent ro  for  yesterday  and  to-day. 

report  of^the  committee  on  the  journal. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  thirty- 
fourth  day  of  the  Convention,  and  that  the  same  is  cor- 
rect. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

resolution  taken  from  table. 

Mr.  Robinson  moved  to  take  from  the  table  the  re- 
port of  the  Committee  on  Rules,  which  report  contains 
resolution  166.     Said  report  reads  as  follows : 

Amend  resolution  166,  by  Mr.  Harrison,  of  Lee,  so  as 
to  read  as  follows : 

Resolved,  That  all  speeches  on  amendments  to  ordi- 
nances reported  by  standing  committees  be  limited  to 


554  Journal  of  Alabama 

five  miuutes  each,  whether  made  before  or  after  the 
ordering  of  the  previous  question. 

The  original  resolution  reads  as  follows: 

Resolved,  That  all  speeches  to  amendments  on  ordi- 
nances reijor-ted  hj  standing  committees,  whether  made 
before  or  after  the  ordering  of  the  previous  question,  be 
limited  to  five  minutes  each. 

The  motion  prevailed,  and  the  resolution  was  taken 
from  the  table. 

Mr.  Sollie  offered  the  following  amendment  to  the 
resolution : 

Amend  by  striking  the  word  "five"  and  substitute 
therefor  the  word  ''ten''  so  that  it  will  read  ten  minutes. 

Mr.  Kirkaud  moved  to  table  the  amendment  offered 
by  Mr.  Sollie. 

The  motion  was  lost. 

Mr.  Rogers,  of  Sumter,  moved  to  adopt  the  amend- 
ment offered  by  Mr.  Sollie. 

The  motion  prevailed,  and  the  amendment  was 
adopted. 

Mr.  Rogers,  of  Sumter,  moved  to  adopt  the  amend- 
ment reported  by  the  committee. 

The  motion  prevailed,  and  the  amendment  was 
adopted.  , 

Mr.  Rogers,  of  Sumter,  moved  the  adoption  of  the 
resolution  as  amended. 

The  motion  prevailed,  and  the  resolution  was  adopted. 

RESOLUTIONS. 

The  folloAving  resolutions  were  offered,  severally  read 
one  time  at  length,  and  the  rules  were  suspended  and  the 
resolutions  were  adopted : 

Resolution  215,  by  Mr.  Cobb : 

Whereas,  One  of  our  colleagues,  realizing  tlie  truth 
of  the  sentiment  tliat  it  is  not  well  for  man  to  live  alone, 
has  taken  to  himself  a  life  companion;  and. 

Whereas,  We  recognize  in  this  course  of  our  brother 
delegate  the  exhibition  of  that  wiMom  and  prudence 
which  liave  always  characterized  liim;  and. 

Whereas,  This  Convention  desires  to  put  the  stamp 


Constitutional  Convention.  555 

of  approval  upon  conduct  so  eminently  conducive  to 
the  happiness  and  usefulness  of  men;  and, 

"SA^hereas,  The  family  relation  is  the  chief  corner  stone 
of  our  political  institutions ; 

Therefore,  be  it  resolved,  That  we,  the  members  of 
this  Convention,  extend  to  Hon.  E.  D.  Willett  and  his 
accomplished  wife  our  sincere  felicitations,  and  express 
to  them  our  earnest  wish  that  the  journey  on  which 
tliey  have  recentlj^  entered  may  be  thornless  and  pro- 
tracted, leadng  them  at  the  last  to  that  perfect  bliss 
which  comes  to  those  who  make  secure  entrance  into  the 
beautiful  land. 

Eesolved,  That  the  clerk  of  this  Convention  deliver 
to  Mr.  and  Mrs.  AVillett  a  certified  copy  of  these  resolu- 
tions. 

Resolution  216,  by  Mr.  Dent: 

That  hereafter  the  hours  of  the  session  of  this  Con- 
vention shall  be  as  follows :  Meet  daily  at  9 :30  a.  m., 
adjourn  at  1  p.  m. ;  meet  at  3:30  p.  m.,  and  adjourn  at 
6  p.  m. 

Mr.  Pettus  offered  the  following  amendment  to  the 
resolution : 

Amend  by  striking  out  6  p.  m.  and  inserting  in  lieu 
thereof  5 :30  p.  m. 

The  amendment  was  lost. 

Mr.  Bulger  offered  the  following  amendment: 

Amend  by  striking  out  3  :30  and  adding  4  where  it 
appears  in  the  resolution. 

The  amendment  was  lost. 

The  resolution  was  thereupon  adopted,  the  rules 
having  been  suspended. 

Mr.  President : 

The  Committee  on  Executive  Department  direct  me 
to  ask  that  the  article  on  the  Executive  Department, 
which  has  heretofore  been  adopted  and  been  engrossed, 
be  ordered  to  a  third  reading,  and  they  recommend  the 
adoption  of  the  accompanying  resolution. 

Thos.  G.  Jones,  Chairman. 


556  Journal  op  Alabama 

Ee^oliition  217,  by  Mr.  Jones,  of  Montgomery: 

Resolved,  That  the  ordinance  to  create  and  define  the 
Executive  Deimrtment  be  now  taken  up  and  ordered 
to  a  third  reading  and  final  passage. 

Mr.  Jones,  of  Montgomery,  moved  to  suspend  the 
rules  and  adopt  the  resolution. 

The  motion  prevailed,  and  the  resolution  was  adopted. 

ORDINANCE  ON  THIRD  READING. 

Under  the  resolution  217  heretofore  adopted  the 
ordinance  "To  create  and  define  the  Executive  Depart- 
ment" was  ordered  to  a  third  reading. 

Mr.  Long,  of  Walker,  moved  to  reconsider  the  vote 
by  which  the  resolution  217  ordering  the  ordinance  to  a 
third  reading  was  adopted. 

Mr.  Williams,  of  Marengo,  moved  that  the  rules  be 
suspended  and  that  the  motion  of  Mr.  Long,  of  Walker, 
be  considered  immediately. 

The  motion  prevailed,  and  the  rules  were  suspended. 

Mr.  Miller,  of  Marengo,  moved  that  the  motion  of  Mr. 
Long,  of  Walker,  be  laid  upon  the  table. 

The  motion  prevailed,  and  the  motion  of  Mr.  Long, 
of  Walker,  was  laid  upon  the  table. 

The  ordinance  "To  create  and  define  the  Executive 
Department,"  was  read  a  third  time  at  leng-th,  as  fol- 
lows, and  adopted : 

An  ordinance  to  create  and  define  the  Executive  De- 
partment. 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  that  Article  V  of  the  Constitution  be 
sitricken  out  and  the  following  article  inserted  in  lieu 
thereof : 

ARTICLE  V.     • 

EXECUTIVE  DEPARTMENT. 

Section  1.  The  Executive  Department  shall  consist 
of    a    Governor,    Lieutenant    Governor,     Secretary  of 


]  Constitutional  Convention.  557 

State,  Auditor,  Treasurer,  x\ttorney  General,  Su- 
perintendent of  Education,  Commissioner  of  Agricul- 
ture and  Industries,  and  a  Sheriff  for  each  county. 

Sec.  2.  The  supreme  executive  power  of  this  State 
shall  be  vested  in  a  chief  magistrate,  who  shall  be  styled 
"the  Governor  of  the  State  of  Alabama." 

Sec.  8.  The  Governor,  Lieutenant  Governor,  Secre- 
tary of  State,  Treasurer,  Auditor,  Attorney  General, 
Superintendent  of  Education,  and  Commis'sioner  of  Ag- 
riculture and  Industries  shall  be  elected  at  the  same 
time  and  place  appointed  for  the  election  of  members 
to  the  General  Assembl}^  in  1902,  and  every  four  years 
thereafter  by  the  qualified  electors  of  the  State. 

Sec.  4.  The  returns  for  every  election  for 
Governor,  Lieutenant  Governor,  Secretary  of  State,  Au- 
ditor, Treasurer,  Attorney  General,  Superintendent  of 
Education,  and  Commissioner  of  Agriculture  and  Indus- 
tries, shall  be  sealed  up  and  transmitted  by  the  return- 
ing officers  to  the  seat  of  government,  and  directed  to 
the  Sjieaker  of  the  House  of  Representatives,  who  shall 
during  the  first  week  of  the  session  to  which  such  re- 
turns shall  be  made,  open  and  publish  them  in  the  pres- 
ence of  both  Houses  of  the  General  Assembly  in  joint 
convention;  but  the  Speaker's  duty,  and  the  duty 
of  the  joint  convention  shall  be  purely  min- 
isterial. The  result  of  the  election  shall  be  ascertained 
and  declared  by  the  Speaker  from  the  face  of  the  returns 
without  delay.  The  person  having  the  highest 
number  of  votes  for  any  one  of  said  offices  shall 
be  declared  duly  elected;  but  if  two  or  more  persons 
shall  have  an  equal  and  highest  number  of  votes  for  the 
same  office,  the  General  Assembly,  by  joint  vote,  without 
delay,  shall  choose  one  of  said  persons  for  said  office. 
Contested  elections  for  Governor,  Lieutenant  Governor, 
Secretary  of  State,  Auditor,  Treasurer,  Attorney 
General,  Superintendent  of  Education,  and  Com- 
missioner of  Agriculture  and  Industries  shall  be  deter- 
mined by  both  Houses  of  the  General  Assembly  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  5.     The  Governor,  Lieutenant  Governor,  Secre- 


558  Journal  of  Alabama 

tary  of  State,  State  Treasurer,  Attorney  General,  State 
Auditor,  Superintendent  of  Education,  and  Commis- 
sioner of  Agriculture  and  Industries  elected  in 
the  year  1902,  shall  hold  their  respective  ottices 
for  the  term  of  four  years  from  the  fifteenth 
day  of  Novend)er  of  the  year  in  which  they  shall  have 
hee-n  elected,  and  until  their  successors  shall  be  elected 
and  qualified,  and  after  the  first  election  under  this 
Constitution  no  one  of  said  oflttcers  shall  be  eligible  as 
his  own  successor;  and  the  Governor  shall  not  be  eligi- 
ble to  election  or  appointment  to  any  office  under  this 
State  or  to  the  Senate  of  the  United  States  within  one 
year  after  the  expiration  of  his  term. 

Sec.  6.  The  Governor  and  Lieutenant  Governor  shall 
each  be  at  least  thirty  years  of  age  when  elected,  and 
shall  have  been  citizens  of  the  United  States  ten  years 
and  resident  citizens  of  this  State  at  least  seven  years 
next  before  the  date  of  their  election.  The  Lieutenant 
Governor  shall  be  ex-officio  President  of  the  Senate, 
which  shall  elect  a  President  pro  tem  from  among  its 
own  members,  who  shall  discharge  the  duties  of  the 
Lieutenant  Governor  in  the  Senate,  whenever  he  is  ab- 
sent or  disqualified.  But  the  Lieutenant  Governor, 
when  acting  las  President  of  the  Senate,  shall  have  no 
rtight  to  vote,  except  in  the  event  of  a  tie. 

Sec.  7.  The  Governor,  Lieutenant  Governor,  Secretary 
Of  State,  Auditor,  Treasurer,  Commissioner  of  Agricul- 
ture and  Industries,  Attorney-General,  Superintendent 
of  Education  shall  receive  compensation  for  their 
services,  which  shall  be  fixed  by  la^^',  and  which 
shall  not  be  increased  or  diminished  during  the  term  for 
which  they  shall  have  been  elected,  and  shall,  except  the 
Lieutenant  Governor,  reside  at  the  State  Capital, 
during  the  time  they  continue  in  office,  except  in  eases 
of  epidemic.  The  Lieutenant  Governor  shall  be  jvaid 
the  same  compensation  as  that  received  by  the  Speaker 
of  the  House,  except  when  serving  as  Governor,  when 
he  shall  receive  the  salary  of  said  officer. 

Sec.  8.  If  the  session  of  the  General  Assembly  next 
after  the  ratification  of  this  Constitution,  shall  enact 


Constitutional  Convention.  559 

a  law  increasing  the  salary  of  tlie  Governor,  such  in- 
crease shall  become  effective  and  apply  to  the  first  (Jov- 
ernor  elected  after  the  ratification  of  this  Constitution, 
if  the  General  Assembly  shall  so  determine. 

Sec.  9.  The  Governor  shall  take  care  that  the  laws  be 
faithfully  executed. 

Sec.  10.  The  Governor  may  require  information  in 
writing,  under  oath,  from  the  officers  of  the  Executive 
Department  named  in  this  article,  or  created  by  statute, 
on  any  subject  relating  to  the  duties  of  their  respective 
offices;  and  he  may  at  any  time  require  information  in 
writing,  under  oath,  from  all  officers  and  managers  of 
State  institutions,  upon  any  subject  relating  to  the  con- 
dition, management,  and  expenses  of  their  respective 
offices  and  institutions.  Any  such  ofiflcer  or  manager 
who  makes  a  wilfully  false  report,  or  fails  without  suffi- 
cient excuse  to  make  such  report  on  demand,  is 
guilty  of  an  impeachable  offense. 

Sec.  11.  The  Governor  may,  by  proclamation  on  ex- 
traordinary occasions,  convene  the  General  Assembly 
at  the  seat  of  government,  or,  at  a  different  place,  if 
since  their  last  adjournment,  that  shall  have  become 
dangerous  from  an  enemy,  insurrection,  or  other  lawless 
outbreak,  or  from  any  infectious  or  contagious  disease; 
he  shall  state  specifically^  in  such  proclamation  each 
matter  concerning  which  the  action  of  that  body  is 
deemed  necessary. 

Sec.  12.  The  Governor  shall,  from  time  to  time,  give 
to  the  General  Assembly  information  of  the  state  of  the 
government,  and  recommend  to  their  consideration  such 
measures  as  he  may  deem  expedient;  and  at  the  com- 
mencement of  each  regular  session  of  the  General  As- 
sembly, and  at  the  close  of  his  term  of  office,  give  in- 
formation, by  written  message,  of  the  condition  of  the 
State;  and  he  shall  account  to  the  General  Assembly,  as 
may  be  prescribed  by  law,  for  all  moneys  received  and 
paid  out  by  him,  or  by  his  order;  and,  at  the  commence- 
ment of  each  regular  session,  he  shall  present  to  the 
General  Assembly  estimates  of  the  amount  of  money  re- 
quired to  be  raised  by  taxation  for  all  purposes. 


560  Journal  of  Alabama 

Sec.  13.  The  Governor  shall  have  power  to  remit  fines 
and  forfeitures,  under  such  rules  and  regulations  as 
may  be  prescribed  by  law;  and,  after  conviction,  to 
grant  reprieves,  paroles,  commutations  of  sentence  and 
paixlons,  except  in  cases  of  impeachment.  The 
Attorney  General,  Secretary  of  State  and  State 
Auditor  shall  constitute  a  Board  of  Pardons,  who 
shall  meet  on  the  call  of  the  Governor,  and  before  whom 
shall  be  laid  all  recommendations  or  petitions,  for  par- 
don or  commutations  or  paroles,  in  eases  of  felony ;  and 
the  Board  shall  hear  them  in  open  session,  and  give 
their  opinion  in  writing,  to  the  Governor  thereon,  after 
which  or  on  the  board's  failure  to  advise  for  more  than 
sixty  days,  the  Governor  may  grant  or  refuse  the  com- 
mutation, parole  or  pardon,  as  to  him  seems  best  for 
the  public  interest.  He  shall  communicate  to  the  Gen- 
eral Assembly  at  each  session  each  case  of  re- 
mission of  fines  and  forfeitures,  reprieves,  com- 
mutation, parole,  or  pardon,  with  his  reasons  there- 
for, and  the  opinion  of  the  Board  of  Pardons  in  each 
case  required  to  be  referred ;  stating  the  name,  the  crime 
of  the  convict,  the  sentence,  its  date,  and  the  date  of  re- 
prieve, commutation,  parole  or  pardon.  Pardons  in 
cases  of  felony  and  other  offenses  involving  moral  turpi- 
tude, shall  not  relieve  from  civil  and  ix)litical  disabili- 
ties, unless  specifically  expressed  in  the  pardon,  and  ap- 
proved by  the  Board  of  Pardons. 

See.  14.  Every  bill  which  shall  have  passed  both 
Houses  of  the  General  Assembly  shall  be  presented  to 
the  Governor ;  if  he  approve,  he  shall  sign  it ;  but  if  not, 
he  shall  return  it,  with  his  objections,  to  that  House  in 
which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  upon  the  Journal,  and  proceed  to  re- 
consider it.  If  the  Governor's  message  proposes  no 
amendment  Avliich  would  remove  his  objections  to  the 
bill,  the  House  in  which  the  bill  originated  may 
proceed  to  reconsider  it,  and  if  a  majority  of  the  W'hole 
number  elected  to  that  House  vote  for  the  passage  of  the 
bill,  the  bill  shall  be  sent  to  the  other  House,  which 
shall,  in  like  manner,  reconsider,  and  if  a  majority  of 


Constitutional  Convention.  •    561 

the  wliole  number  elected  to  tlitit  House  vote  for  the 
passage  of  the  bill  the  same  shall  become  a  law,  notwith- 
standing the  Governor's  veto.  If  the  Governor's 
message  proposes  amendment  Avhich  would  remove 
his  objections,  the  House  to  which  it  is  sent 
may  so  amend  the  bill  and  send  it  with  the 
Governor's  message  to  the  other  House,  which  may 
adopt,  but  cannot  amend  said  amendment;  and  both 
Houses  concurring  in  the  amendment,  the  bill  shall 
again  be  sent  to  the  Governor,  and  acted  on  by  him  as 
on  other  bills.  If  the  House  to  which  the  bill  is  re- 
turned refuses  to  make  such  amendment,  it  shall  proceed 
to  reconsider;  and  if  a  majority  of  the  whole  number 
elected  to  that  House,  shall  vote  for  the  passage  of  the 
bill.  It  shall  be  sent  with  the  objections  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and 
if  approved  by  a  majority  of  the  whole  number  of  that 
House,  it  shall  become  a  law.  If  the  House  to  which  the 
bill  is  returned  makes  the  amendment  and  the  other 
House  declines  to  pass  the  same,  that  House  shall  pro- 
ceed to  reconsider,  as  though  the  bill  had  originated 
therein,  and  such  proceedings  shall  be  taken  thereon  as 
above  provided.  In  every  case,  the  vote  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of 
the  members  voting  for  or  against  the  bill  shall  be  en- 
tered upon  the  Journals  of  each  House  respectively.  If 
any  bill  shall  not  be  returned  by  the  Governor,  Sundays 
excepted,  within  six  days  after  it  shall  have  been  pre- 
sented, the  same  shall  become  a  law  in  like  manner  as 
if  he  had  signed  it,  unless  the  General  Assembly,  by 
their  adjournment,  prevent  its  return,  in  which 
case  it  shall  not  be  a  law;  but  when  return  is  prevented 
by  recess  such  bill  must  be  returned  to  the  House  in 
which  it  originated  witliin  two  days  after  reassembling 
otherwise  it  sliall  become  a  law;  bills  presented  to  the 
Governor  within  five  days  before  the  adjournment  of  the 
General  Assembly  may  be  approved  by  the  Governor  at 
any  time  within  ten  days  after  the  final  ad- 
journment, if  approved  and  deposited  with  the 
Secretary     of      State     within     that      time.         Every 

36 


562  Journal  of  Alabama 

vote,  order  or  resolution  to  which  coucurrence  of  both 
Houses  may  be  necessary,  except  questions  of  adjourn- 
ment, and  the  bringing  on  of  elections  by  the  two  Houses, 
and  amending  this  Constitution,  shall  be  presented  to 
the  Grovernor;  and  before  the  same  shall  take  effect,  be 
approved  by  him;  or,  being  disapproved,  shall  be  re- 
passed by  both  Houses,  according  to  the  rules  and  limi- 
tations prescribed  in  the  case  of  a  bill. 

Sec.  15.  The  Crovernor  shall  have  power  to  approve 
or  disapprove  any  item  or  items  of  any  bill  making  ap- 
propriations embracing  distinct  items,  and  the  part  or 
parts  of  the  bill  approved  shall  be  the  law ;  and  the  item 
or  items  disapproved  shall  be  void,  unless  repassed,  ac- 
cording to  the  rules  and  limitations  prescribed  for  the 
passage  of  other  bills  over  the  Executive  veto;  and  he 
shall  in  writing,  state  specifically  the  item  or  items  he 
disapproves,  setting  the  same  out  in  full  in  his 
message ;  but  in  such  case,  the  enrolled  bill  shall  not  be 
returned  with  the  Governor's  objection. 

Sec.  16.  In  case  of  the  Governor's  removal  from  office, 
death  or  resignation,  the  Lieutenant  Governor  shall  be- 
come Governor.  If  both  the  Governor  and  Lieutenant 
Governor  are  removed  from  office,  die  or  resign,  prior 
to  the  next  general  election,  after  their  election,  for 
members  of  the  General  Assembly,  the  Governor  and 
Lieutenant  Governor  shall  be  elected  at  such  ek'c- 
tion  for  the  unexpired  term,  and  in  the  event 
of  a  A^acancy  in  the  office,  caused  by  the  removal  from 
office,  death  or  resignation,  of  the  Governor  and  the 
Lieutenant  Governor,  pending  such  vacancy  and  until 
their  successors  shall  be  elected  and  qualified,  the  office 
of  Governor  shall  be  held  and  administered  by  eitlici- 
the  President  pro  tem  of  the  Senate,  Speaker  of  the 
House  of  liepresentatives.  Attorney  General,  Auditor. 
Secretary  of  State  or  Treasurer,  and  in  the  order  here- 
in named.  In  case  of  the  impeachment  of  the  Gover- 
nor, his  absence  from  the  St.ate  for  more  than 
twenty  days,  unsoundness  of  mind,  or  other  dis- 
ability, the  power  and  authority  of  the  office 
shall  devolve,  in  the  order  herein  named,  upon  the  Lieu- 


:  Constitutional  Convention.  563 

tenant  Governor,  President  pro  tern  of  the  Senate, 
Speaker  of  the  House  of  Eepresenta fives,  Attorney  Gen- 
eral, State  Auditor,  Secretary  of  State,  and  State  Treas- 
urer; if  anj'  of  these  ofltieers  be  under  any  of  the  disa- 
l)ilities  herein  specitied,  the  office  of  Governor  shall  be 
administered  in  the  order  named  by  these  officers  free 
from  such  disability,  until  the  Governor  is  acquitted, 
returns  to  the  State,  or  is  restored  to  his  mind,  or  re- 
lieved from  other  disability.  If  the  Governor  shall  be 
alisent  from  the  State  over  twenty  days,  the  Secretary 
of  State  shall  notify  the  Lieutenant  Governor,  who 
shall  enter  upon  the  duties  of  Governor;  if  both  the 
Governor  and  Lieutenant  Governor  shall  be  absent  from 
the  State  over  twenty  days,  the  Secretary  of  State  shall 
notify  the  President  pro  tern  of  the  Senate,  who  shall 
enter  upon  the  duties  of  the  Governor,  and  so  on,  in  case 
of  such  absence,  he  shall  notify  each  of  the  other  officers 
named  in  their  order,  who  shall  discharge  the  duties  of 
Governor,  until  the  Governor  or  other  officers  entitled 
to  administer  the  office  in  succession  to  the  Governor, 
returns.  If  the  Governor-elect  fails  or  refuses  from  any 
cause,  to  qualify,  the  Lieutenant-elect  shall  qualify,  and 
cause,  to  qualify,  the  Lieutenant  Governor-elect 
shall  qualify,  and  exercise  the  duties  of  the 
Governor's  office  until  the  Governor-elect  quali- 
fies; and  in  the  event  both  the  Governor-elect 
and  Lieutenant  Governor-elect,  from  any  cause 
fail  to  qualify,  the  President  pro  tem  of  the  Senate,  the 
Speaker  of  the  House  of  Representatives,  the  Attorney 
General,  State  Auditor,  Secretary  of  State,  and  State 
Treasurer  shall  in  like  manner,  in  the  order  named,  ad- 
minister the  government  until  the  Governor  or  Lieuten- 
ant Governor-elect  qualifies. 

Sec.  17.  If  the  Governor  or  other  officer  administer- 
ing the  office  shall  appear  to  become  of  unsound 
mind,  .it  shall  be  the  duty  of  the  Supreme 
Court  of  Alabama,  upon  request  in  ^-riting  of 
any  two  of  the  officers  named  in  Section  15, 
not  next  in  succession  of  the  Governor^  as- 
ascertain  the  mental  condition  of  the  Governor,  or  other 


564  Journal  of  Alabama 

officer  exercising-  the  office,  and  if  he  is  of  unsound  mind, 
to  so  certify  upon  its  minutes;  a  copy  of  whicli,  duly 
certified,  shall  be  filed  in  the  office  of  the  Secretary  of 
State ;  and  in  that  event,  it  shall  be  the  dut}^  of  the  offi- 
cer next  in  succession,  to  perform  the  duties  of  the  Grov- 
ernor  until  the  Grovernor  or  other  officer  administering; 
the  office  is  restored  to  his  mind.  When  the  incumbent 
denies  that  the  Governor  or  other  person  entitled  to  ad- 
minister the  office  has  been  restored  to  his  mind,  the 
Supreme  Court,  at  the  instance  of  any  officer  named  in 
Section  15,  shall  ascertain  the  truth  concerning  the 
same,  and  if  the  officer  has  been  restored  to  his  mind, 
shall  so  certify  on  its  minutes,  and  file  a  duly  certified 
copy  thereof  with  the  Secretary  of  State,  and  in  that 
event  his  office  shall  be  restored  to  him.  The  recpiest 
in  writng  herenabove  provided  for  shall  be  verified  by 
the  affidavit  of  those  making  such  request.  And  the 
Supreme  Court  shall  prescribe  rules  of  practice  in  such 
proceedings,  Avhich  rules  shall  include  a  provision  for 
the  service  of  notice  on  the  Governor  of  such  proceed- 
ings, and  the  method  of  taking  testimony  therein. 

Sec,  18.  The  Lieutenant  Governor,  the  President  pro 
tem  of  the  Senate,  and  the  Speaker  of  the  House  of  Rep- 
resentatives, Attorney  General,  State  Auditor,  Secre- 
tary of  State  and  State  Treasurer  while  iKlministering 
the  office  of  Governor  shall  receive  like  compensation, 
and  no  other  than  that  prescribed  by  law  for  the  Gov- 
ernor. 

Sec.  19.  No  person  shall  at  one  and  the  same  time 
hold  the  office  of  Governor  of  this  State  and  any  office, 
civil  or  military,  either  under  this  State  or  the  United 
States,  or  any  other  State  or  government,  except  as 
otherwise  provided  in  this  Constitution. 

Sec.  20.  The  Governor  shall  be  commander  in  chief 
of  the  militia  and  volunteer  forces  of  this  State,  except 
when  they  shall  be  called  into  the  service  of  thp  United 
States;  and  he  may  call  out  the  same  to  execute  the 
laws,  suppress  insurrection,  and  rejiel  invasion ;  but  need 
not  command  in  person  unless  directed  to  do  so  by  reso- 
lution of  the  General  Assembly,  and  when  acting  in  the 


Constitutional  Convention.  565 

service  of  the  United  States,  he  shall  appoint  his  staff 
and  the  General  Assemblj'  shall  fix  his  rank. 

;Sec.  21.  No  person  shall  be  eligible  to  the  office  of 
Secretary  of  State,  State  Treasurer,  State  Auditor,  Su- 
perintendent of  Education,  Attorney  General,  or  Com- 
missioner of  Agriculture  and  Industries,  unless  he  shall 
have  been  a  citizen  of  the  United  States  at  least  seven 
years,  and  shall  have  resided  in  this  State  at  least  five 
years  next  preceding  his  election,  and  shall  be  at  least 
twenty-five  j^ears  old  when  elected. 

Sec.  22.  There  shall  be  a  Great  Seal  of  the  State,  which 
shall  be  used  officially  by  the  Governor,  and  the  Seal 
now  in  use  shall  continue  to  be  used  until  another  shall 
have  been  adopted  by  the  General  Assembly.  Said  Seal 
shall  be  called  the  Great  Seal  of  the  State  of  Alabama. 

Sec.  23.  The  Secretary  of  State  shall  be  the  custodian 
of  the  Seal  of  the  State,  and  shall  authenticate  therewith 
all  official  acts  of  the  Governor;  his  approval  of  laws, 
resolutions,  appointments  to  office  and  administrative 
orders,  excepted.  He  shall  keep  a  register  of  the  offi- 
cial acts  of  the  Governor,  and  when  necessary,  shall  at- 
test them,  and  lay  copies  of  same,  together  with  copies 
of  all  palmers  relative  thereto,  before  either  House  of  the 
General  Assembly,  when  required  to  do  so,  and  shall 
I>erform  such  other  duties  as  may  be  prescribed  by  law. 

Sec.  21.  All  grants  and  commissions  shall  be  issued 
in  the  name  and  by  the  authority  of  the  State  of  Ala- 
bama, sealed  with  the  Great  Seal  and  signed  by  the 
Governor,  and  countersigned  by  the  Secretary  of  State. 

&ec.  25.  Should  the  office  of  Secretary  of  State,  State 
Auditor,  State  Treasurer,  Attorney  General,  Superin- 
tendent of  Education,  or  Commissioner  of  Agriculture 
and  Industries  become  vacant,  for  any  cause,  the  Gov- 
ernor shall  fill  such  vacancy  until  the  disability  is  re- 
moved or  a  successor  elected  and  qualified.  In  case  any 
of  said  officers  shall  become  of  unsound  mind,  such  un- 
soundness shall  be  ascertained  by  the  Supreme  Court 
upon  the  suggestion  of  the  Governor. 

Sec.  26.  The  State  Treasurer,  State  Auditor,  Secret^iry 
of  State,  Attorney  General  and  the  Commissioner  of 


o66  Journal  of  Alabama 

Agriculture  and  Industries  shall  i>erform  such  duties 
as  may  be  prescl'ibed  by  law.  The  State  Treasurer  and 
State  Auditor  shall  every  year  at  a  time  the  General 
Assembly  may  fix  make  a  full  and  complete  report  to 
the  Goyernor,  showing  the  receipts  and  disbursements 
or  revenues  of  every  character,  and  all  claims  audited 
and  paid  out  by  items,  and  all  taxes  and  revenues  col- 
lected and  paid  into  the  Treasury,  and  from  what 
sources  and  they  shall  make  reports  oftener  upon  any 
matters  pertaining  to  their  office  if  required  by  the  Gov- 
ernor or  General  Assembh\ 

Sec.  27.  The  State  Auditor,  State  Treasurer,  Attor- 
ney General,  Secretary  of  State,  and  Commissioner  of 
Agriculture  and  Industries  shall  not  receive  to  their 
use  any  fees,  costs,  perquisites  of  office,  or  other  compen- 
sation than  their  salaries  as  prescribed  by  law,  and  all 
fees  that  may  be  payable  for  any  services  performed, 
through  such  officers,  shall  he  at  once  paid  into  the  State 
Treasury. 

Sec.  28.  A  Sheriff  shall  be  elected  in  each  county  by 
the  qualified  electors  thereof,  who  -shall  hold  his  office 
for  a  term  of  four  years,  unless  sooner  removed,  and 
shall  be  ineligible  to  such  office  as  his  own  successor. 
Whenever  any  prisoner  is  taken  from  the  jail  or  from  the 
custody  of  the  Sheriff,  or  his  deputies,  and  put  to  death, 
or  suffers  grievous  bodily  harm,  owing  to  the  neglect, 
connivance,  cowardice  or  other  grave  fault  of  the  Sheriff, 
such  Sheriff  may  be  impeached  under  Section  2  of  Arti- 
cle VII  of  the  Constitution;  and  the  Governor  Avhen 
satisfied  after  hearing  the  Sheriff,  that  he  should  be 
impeached,  may  suspend  him  from  office  until  the  im- 
peachment proceedings  are  decided.  If  the  Sheriff  be 
impeaclied  he  shall  not  be  eligible  to  hold  any  other 
office  in  this  State  during  the  time  for  which  he  had 
been  elected  to  serve  as  Sheriff. 

Yeas,  101;  nays,  20. 


Constitutional  Convention. 


567 


YEAS. 

Messrs.  President, 

Joaes  (Bibb), 

Almon, 

Jones  (Hale), 

Ashcraft, 

Jones  (Montgomery), 

Banks, 

Jones  (Wilcox), 

Beavers, 

Kirk, 

Beddow, 

Kirkland, 

Bethune, 

Knight, 

Blackwell, 

Kyle, 

Brooks, 

Ledbetter, 

Browne, 

Leigh, 

Bulger, 

Lomax,  * 

Burnett, 

Lowe  (Jefferson), 

Burns, 

Lowe  (Lawrence), 

Gofer, 

McMillan  (Wilcox), 

Cornwell, 

Martin, 

Craig, 

Maxwell, 

Cnnningham, 

Merrill, 

Davis  (Etowah), 

Miller  (Marengo), 

Dent, 

Miller  (Wilcox), 

Duke, 

Mulkey, 

Eley, 

Murphree, 

Eyster, 

NeSmith, 

Espy, 

Norman, 

Fitts, 

Norwood, 

Fletcher, 

Gates, 

Foshee, 

O'Neal  (Lauderdale), 

Foster, 

Opp, 

Gilmore, 

O'Rear, 

Glover, 

Palmer, 

Grant, 

Parker  (Cullman), 

Grayson, 

Parker  (Elmore), 

Greer  (Calhoun), 

Pettus, 

Harrison, 

Pitts, 

Heflin  (Randolph), 

Reese, 

Henderson, 

Reynolds  (Henry), 

Hinson, 

Robinson, 

Hood, 

Rogers  (Lowndes), 

Howze, 

Rogers  (Sumter), 

Inge, 

Sanders, 

Jackson, 

Searcy, 

568 


Journal  of  Alabama 


Selheiiner, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Studdard, 

Tayloe, 


Waddell, 

Watts, 

Wea'kley, 

Weather  ly. 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Wilson  (Clarke), 

Winn— 101. 


iMessrs.  Barefield, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Davis  (DeKalb), 

Greer  (Perry), 


NAYS. 

Haley, 
Jenkins, 
Long  (Walker), 
-  Macdonald, 
Moody, 
Phillips, 
Proctor, 

Re^^nolds  (Chilton), 
Sloan, 
Sollie— 20. 


RECONSIDERATION. 

INlr.  Reese  moved  to  reconsider  the  vote  by  which  the 
ordinance  was  adopted. 

Under  the  rnles  the  motion  goes  over  until  to-morr(^w. 

UNFINISHED  BUSINESS. 


The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  tlie  Com- 
uiittee  on  Taxation. 

The  question  was  upon  the  amendment  of  Mr.  Cun- 
ningham to  Section  5  of  the  Article  XI  reported  by  the 
Committee  on  Taxation, 

j\rr.  INferrill  offered  the  followir.g  substitute  for  tlio 
amendment  offered  by  Mr.  Cunningham : 


Constitutional  Convention.  569 

Substitute  for  amendment  to  Sec\tion  5  of  Article  on 
Taxation : 

In  line  sixteen,  before  the  word  "by/'  insert  the  let- 
ter "a/'  and  after  the  \^'ord  "majority"  insert  "of  two- 
thirds."  Strike  out  in  lines  sixteen  and  seventeen  the 
words  "in  number  and  in  value  of  taxable  property." 
Strike  out  in  line  fifteen  "property  tax  pa^^ers  who  are." 

RECESS. 

Pending  the  further  consideration  of  the  report  of  the 
Committee  on  Taxation,  the  hour  of  1  o'clock  arrived, 
and  under  the  rules  the  Convention  recessed  until  3  :30 
o'clo-ck  this  afternoon. 


AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

roll  call. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  Avhich  constituted  a 
quorum : 


Messrs.  President, 

Burns, 

Almon, 

Byars, 

Ashcraft, 

Garden, 

Banks, 

Carmichael  (Colbert), 

Barefield, 

Carmichael  (Cofifee) , 

Bartlett, 

Carnathon, 

Beavers, 

Chapman, 

Beddow, 

Cobb, 

Bethune, 

Cofer, 

Blackwell, 

Coleman  (Greene), 

Brooks, 

Cornwell, 

Browne, 

Craig, 

Bulger, 

Cunningham, 

Burnett,  Davis  (DeKalb), 


570 


Journal  of  Alarama 


Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Harrison, 

lieflin  ( Chambers ) , 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 


Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  (Wilcox), 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Proctor, 

Reese, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smitli  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 


Constitutional  Convention.  571 

Sollie,  Weakley, 

Sorrell,  Weatlierly, 

Spears,  AVhite, 

Spragins,  Whiteside, 

Stewart,  Willett, 

Stiiddard,  Williams  (Barbour), 

Tajloe,  .  Williams  (Marengo). 

Vaughan,  AVilson  (Clarke), 

Waddell,  Winn— 129. 
Watts, 

unfinished  business. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  Avhich  was  the  consideration  of  the 
report  of  the  Committee  on  Taxation. 

The  question  was  upon  the  substitute  offered  by  Mr. 
Merrill  for  the  amendment  offered  by  Mr.  Cunningham 
to  Section  5  of  Article  XI  reported  by  the  Ccmmiittee 
on  Taxation. 

Mr.  Bulger  moved  to  table  Section  5,  and  the  pend- 
ing amendments  thereto,  to  be  taken  from  the  table  and 
considered  with  the  report  of  the  Committee  on  Educa- 
tion. 

Tlie  motion  prevailed,  and  Section  5  and  the  pending 
amendments  were  laid  ujxin  the  table. 

section  six. 

Sec.  6.  The  property  of  private  corporations,  asso- 
ciations and  inclividuals  of  this  State  shall  forever  be 
taxed  at  the  same  rate;  provided,  this  section  shall  not 
apply  to  institutions  devoted  exclusively  to  religious, 
educational  or  charitable  purposes. 

Was  read  at  length. 

Mr.  Long,  of  Walker,  offered  the  following  amend- 
ment : 

Amend  Section  6,  line  six,  after  the  word  "education- 
al" by  adding  the  words  "that  not  over  1,500  acres  of 
land  held  for  educational  purposes  shall  be  exempted 


572  Journal  of  Alabama 

from  county  taxation;"'  provided  that  all  buildings  and 
personal  property  of  every  description  shall  be  exempted 
from  all  taxation. 

i\Ir.  Browne  moved  to  table  the  amendment  offered 
by  Mr.  Long,  of  Walker. 

The  motion  prevailed  and  the  amendment  was  laid 
upon  the  table. 

Mr.  Browne  moved  to  adopt  Section  6  of  tlie  Article 
XI  reported  by  the  Committee  on  Taxation. 

The  motion  prevailed  and  Section  6  was  adopted. 

SECTION  SEVEN. 

Sec.  7.  No  city,  town  or  other  municipal  corporation 
other  than  provided  for  in  this  article,  shall  levy  or  col- 
lect a  larger  rate  of  taxation  in  any  one  year  on  the 
property  thereof,  than  1-2  of  1  per  centum  of  the  value 
of  such  property,  as  assessed  for  State  taxation  during 
the  preceding  year;  provided,  that  for  the  payment  of 
debts  existing  at  the  time  of  the  ratification  of  the  Con- 
stitution of  1875  and  the  interest  thereon,  an  additional 
rate  of  1  per  centum  may  be  collected,  to  be  applied  ex- 
clusively to  such  indebtedness;  provided,  further,  that 
for  the  maintenance  of  public  schools  such  city,  town  or 
other  municipal  corporation  may  levy  and  collect  such 
special  tax  as  may  be  authorized  by  law,  provided  such 
special  tax  shall  not  be  levied  and  collected  when  it  shall 
cause  a  greater  rate  of  taxation  in  any  one  year  than  one 
dollar  and  seventy-five  cents  on  every  hundred  dollars 
of  taxable  property,  for  all  State,  county  and  municipal 
purposes,  except  the  erection,  construction  and  main- 
tenance by  counties  of  necessary  public  buildings, 
bridges  or  roads,  and  provided  such  special  tax  for 
schools,  the  time  it  is  to  continue,  and  the  purposes 
thereof,  shall  have  been  first  submitted  to  a  vote  of  the 
property  tax  payers  who  are  qualified  electors  in  said 
city,  town  or  other  municipal  corporations,  and  voted 
for  by  majority  thereof,  in  numbers,  and  in  value  of 
taxable  property,  voting  at  such  election,  and  provided 
such  tax  for  schools  shall  be  apportioned  equitably  and 


Constitutional  Convention.  573 

paid  to  the  public  schools  of  said  city,  town  or  other 
municipal  corporation  by  the  municipal  authorities 
thereof;  and  provided,  this  section  shall  not  apply  to 
the  city  of  Mobile,  which  city  may  levy  a  tax  not  to  ex- 
ceed the  rate  of  3-4  of  1  per  centum  to  pay  the  expenses 
of  the  city  government,  and  may  also  levy  a  tax  not  to 
exceed  the  rate  of  3-4  of  1  per  centum  to  pay  the  indebted- 
ness of  said  city  existing  at  the  time  of  the  ratification 
of  the  Constitution  of  1875,  and  the  interest  thereon; 
provided  further,  that  this  section  shall  not  apply  to 
the  city  of  Birmingham,  which  city  may  levy  and  col- 
lect a  tax  not  exceeding  1-2  of  1  per  centum,  in  addition 
to  the  tax  of  1-2  of  1  per  centum  hereinabove  allowed  to 
be  levied  and  collected,  such  special  tax  to  be  applied 
exclusively  to  the  payment  of  the  interest  on  the  bonds 
of  the  said  city  of  Birmingham  heretofore  issued  by  said 
city  in  pursuance  of  law,  and  for  a  sinking  fund  to  pay 
oft'  said  bonds  at  the  maturity  thereof. 

'.Was  read  at  length. 

Mr.  Kyle  offered  the  following  amendment  to  Section 
7  of  the  Article  XI  reported  by  the  Committee  on  Tax- 
ation : 

Amendment  to  Section  7,  by  Mr.  Kyle : 

Strike  out  all  of  said  section  commencing  on  the 
eighth  line  after  the  word  "collect"  and  ending  with  the 
word  "qualified"  on  the  fifteenth  line,  and  insert  the 
following : 

A  special  tax  not  to  exceed  ^  of  1  per  cent.,  provided 
such  tax  shall  not  be  levied  and  collected  until  such 
special  tax  for  public  schools,  the  time  it  is  to  continue 
and  the  purpose  thereof,  shall  have  been  submitted  to  a 
vote  of  the  qualified. 

And  to  further  amend  said  section,  commencing  after 
the  word  "thereof"  on  the  twenty-ninth  line,  and  read 
as  follows: 

And  provided  all  cities,  towns  and  municipal  corpora- 
tions in  this  State,  except  the  cities  of  Mobile  and  Bir- 
mingham, otherwise  provided  for  in  this  Constitution, 
having  a  bonded  indebtedness  created  after  the  adoption 
of  the  Constitution  of  1875,  and  now  in  effect,  as  well 


574  Journal  of  Alarama 

as  all  cities,  tOAvns  and  municipal  corporations  in  this 
State  that  desire  to  raise  means  to  secure  lij>ht  plants, 
water  works  and  sanitary  sewerai^e  by  the  issuance  of 
bonds  within  the  limit  prescribed  in  this  Constitution, 
shall  be  authorized  to  levy  and  collect  a  tax  not  to  ex- 
ceed I  of  1  per  cent,  on  all  real  and  personal  property 
listed  for  taxation  in  said  citi<es;  to  be  applied  exclu- 
{^ively  to  the  payment  of  interest  on  such  bonded  in- 
debtedness, and  to  provide  a  sinking  fund  to  pay  off 
the  bonds  at  maturity;  provided,  such  levy  and  collec- 
tion of  said  tax  shall  first  have  been  sul)mitted  to  a 
vote  of  the  quarified  electors  of  such  city,  toAvn  or 
municipal  corporation,  and  voted  for  by  a  majority  there- 
of in  number  and  value  of  taxable  property  voting  at 
such  election, 

Mr.  Foster  offered  the  following  amendment  to  the 
amendment  ott'ered  by  Mr.  Kyle : 

Amend  Section  7  by  striking  out  of  line  seven  the 
words  "maintenance  of  public  schools,"  and  inserting 
in  lieu  thereof  the  folloAving:  "Payment  of  debts,  exist- 
ing at  the  ratification  of  this  Constitution,  and  interest 
thereon."  And  hj  striking  out  all  from  and  after  the 
word  "roads,"  in  line  thirteen,  to  and  including  the 
word  "thereof"  in  line  nineteen,  and  inserting  in  lieu 
thereof  the  following,  "and  provided  that  the  (juestion 
wliether  or  not  such  special  tax  shall  be  levied  be  first 
submitted  to  a  vote  of  the  qualified  electors  in  said  cit}^, 
town  or  other  municipal  corporation,  and  voted  for  by 
a  majority  thereof." 

Mr.  Weakley  moved  to  table  the  section  and  amend- 
ments, to  be  taken  up  and  considered  with  the  report 
of  the  Committee  on  Municipal  Corporations. 

The  motion  prevailed,  and  the  Section  7  and  amend- 
ments were  laid  upon  the  table. 

SECTION  EIGHT. 

See.  8.  The  General  Assembly-  shall  not  have  the 
power  to  require  the  counties  or  other  municipal  cor- 


Constitutional  Convention.  575 

puratious  to  pay  any  charges  which  are  now  payable 
out  of  the  State  Treasury. 

AVas  read  at  h'ugth. 

Ou  luotiou  of  ^Ir.  Carmichael,  of  Coffee,  Sectiou  8 
was  adopted. 

section  nine. 

Sec.  9.  No  county  shall  become  indebted  in  an  amount 
greater  than  5  per  centum  of  the  taxable  value  of  the 
property  thereof;  provided,  this  section  shall  not  apply 
to  any  indebtedness  in  excess  of  such  5  per  cent,  which 
has  already  been  created,  or  authorized  by  law  to  be 
created. 

AVas  read  at  length. 

^h\  AVeiakley  offered  the  following  amendment  to 
Section  9  of  the  Article  XI,  reported  by  the  Committee 
on  Taxation  : 

Amend  Section  9  b^^  striking  out  the  word  ''five"  in 
the  first  line,  and  insert  instead  the  word  "three." 

Mr.  Sanders  offered  the  following  substitute  for  the 
anunulment  offered  by  Mr.  Weakley: 

Amend  Section  9  so  as  to  read :  No  county  shall  be- 
come indebted  in  an  amount  greater  than  3  per  centum, 
of  the  taxable  value  of  the  property  thereof;  provided 
this  limitation  shall  not  affect  any  existing  indebted- 
ness exceeding  such  3  per  centum,  which  has  already 
been  created,  or  which  has  been  authorized  by  law  to  be 
created. 

Mr.  O'Neal,  of  Lauderdale,  moved  to  table  the  amend- 
ment and  substitute. 

The  motion  prevailed,  and  the  amendment  and  the 
sul)stitute  for  the  amendment  were  laid  upon  the 
table. 

Mr.  Kirk  offered  the  following  amendment  to  Section 
9  of  the  Article  XI,  reported  by  the  Committee  on  Tax- 
ation : 

Amend  Section  9  by  adding  the  following:  Except 
when  it  may  be  necessary  for  the  erection  of  bridges  and 
county  buildings,  which  may  be  paid  for  by  the  levy  of 
a  special  tax. 


576  Journal  of  Alabama 

ordinances  on  first  reading. 

The  followiiig  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Mr.  Hetlin,  of  Chambers,  asked  unanimous  consent 
to  introduce  an  ordinance. 

Consent  was  granted,  and  Mr.  Hetlin,  of  Chambers, 
offered  the  foHowing  ordinance: 

Ordinance  408,  by  Mr.  Heflin,  of  Chambers: 

Creating  the  office  of  Sheriff  in  each  of  the  counties 
of  the  State  of  Alabama ;  providing  means  of  election 
thereto,  and  a  method  of  removal  therefrom. 

ADJOURNMENT. 

Pending  the  reference  of  the  above  ordinance,  the 
hour  of  G  o'clock  p.  m.  arrived,  and  under  the  rules,  the 
Convention  adjourned  until  9  o'clock  to-morrow  morn- 
ing. 


TUIKTY-SIXTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Wednesday,  July  3,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Patterson  of  the  city. 

roll  call. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Constitutional  Convention. 


577 


Messrs.  President, 

Aslieraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Betliune, 

Blackwell, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Oarniichael  (Colbert), 

Carmichael  (Coffee), 

Carnatlion, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalh), 

Davis  (Etowah), 

Dent, 

deGraffenried,  , 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fletcher, 

Foshee, 

Foster, 

Gil  more, 

Glover, 

Grant, 

37 


Greer  (Callidiiii ), 

Greer  (Perry), 

Haley, 

Harrison, 

Heflin  ( Chambers ) , 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  (Wilcox),    . 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 


578 


Journal  of  Alabama 


Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Pliillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Tiepse, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Searcy, 


Sellieimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Wen  therly. 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Wi II iams  ( Marengo ) , 

Wilson  (Clarke), 

Winn— 131. 


LEAVE    OF    ABSENCE. 

Was  granted  to  Messrs.  Greer,  of  Calhoun,  for  to-day 
on  account  of  sickness;  Sollie  for  this  morning;  Sen  tell 
for  tliis  afternoon  and  Thursday;  Fitts  for  to-day; 
Davis,  of  DeKalb,  for  Thursday,  Friday  and  Saturday; 
Samford  for  to-day  and  to-morrow;  Gilmore  for  Friday 
jiud  Saturday;  Grant  for  Friday  and  Saturday;  Craig 
for  Friday  and  Saturday. 

REPORT   OF   COMMITTEE   ON   JOURNAL. 


The  chairman  of  tlie  Committee  on  the  Journal  sub- 
mitted the  following  report: 

The  Committee  on  the  Journal   beg  leave  to   report 


i  Constitutional  Convention.  579 

that  they  liave  examined  the  Journal  for  the  thirty-fifth 
day  of  the  Convention,  and  that  the  same  is  correct. 
Eespectfully  submitted, 

John  F.  Proctor^,  Chainuan. 

question  of  privilege. 

The  report  of  the  committee  was  concurred  in. 

resolutions. 

The  following  resolutions  were  offered,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Resolution  19,  by  Mr.  Beddow,  of  Jefferson : 

Whereas,  Various  resolutions  have  been  adopted 
throughout  the  State  requesting  that  this  Convention 
patronize  union  labor  by  having  its  printing  done  by 
members  of  the  Typographical  Union,  and  that  the 
union  label  be  printed  thereon;  and 

Whereas,  The  union  of  labor  should  be  encouraged 
by  the  people  of  Alabama,  in  Convention  assembled; 

Therefore,  be  it  ~  resolved,  That  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses  be  and 
they  are  hereby  instructed  to  patronize  the  printing  es- 
tablishments having  in  their  employment  union  labor, 
and  have  the  union  label  printed  thereon. 

The  resolution  was  referred  to  the  Committee  on 
Schedules,  Printing  and  Incidental  Expenses. 

Resolution  220,  by  Mr.  Long,  of  Walker : 

Wliereas,  This  Convention  passed  a  resolution  to-day 
allowing  no  absent  member  any  x>er  diem,  unless  ex- 
cused on  account  of  sickness;  and 

Whereas,  The  members  of  this  Convention  have  great 
respect  for  truth  and  veracity,  and  good  wishes  for  the 
public  health,  and 

Whereas,  the  adoption  of  the  said  resolution  will 
have  a  tendency  to  make  all  absent  members  feel  badly, 
and  the  effect  of  makino-  all  future  leaves  of  absence  be 


580  Journal  of  Alabama 

requested  ou  aeeoiiut  of  siekuess  of  members  or  their 
families ; 

Tlierefore,  for  the  public  good,  iu  the  interest  of  truth, 
aud  as  a  preventative  of  au  epidemic  of  sickness  among 
members  of  this  Convention  and  their  families,  one  or 
both,  be  it  resolved,  by  the  people  of  Alabama,  in  Con- 
vention assembled,  that  the  said  resolution  No.  184, 
which  offers  a  premium  of  four  dollars  per  day  for  sick- 
ness, be  and  the  same  is  hereby  repealed. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

RECONSIDERATION. 

Mr.  Reese  moved  to  reconsider  the  vote  hy  which  the 
ordinance  "To  create  and  define  the  Executive  Depart- 
ment" was  ordered  to  a  third  reading. 

Mr.  Beddow  moved  to  table  the  resolution  of  ^Ir. 
Reese. 

The  motion  prevailed,  and  the  motion  to  reconsider 
the  vote  was  laid  upon  the  talde. 

The  ordinance  "To  create  and  define  the  Executive 
Department"  was  thereupon  referred  to  the  Committee 
on  Order,  Consistency  and  Harmony  of  the  Whole  Con- 
stitution. 

Resolution  218. 

Mr.  Sentell  offered  the  following  resolution,  and 
moved  that  the  rules  be  suspended  aud  the  resolution 
be  adopted : 

Resolution  218,  by  Mr.  Sentell: 

Whereas,  To-morrow,  July  4,  is  a  national  lioliday; 
and 

Wliereas,  many  of  the  meml)ers  of  this  Convention 
desire  to  observe  the  same  with  their  families  and  friends 
at  home ; 

Therefore,  be  it  resolved,  Tluit  when  this  Convention 
adjourns  at  G  o'clock  this  afternoon  it  stand  adjourned 
until  9  :30  o'clock  next  Friday  morning. 

The  rules  were  suspended. 


Constitutional  Convention. 


581 


Mr.  Cunningliaiu  offered  tlie  followiug  amendment  to 
the  resolution  218 : 

Provided,  That  no  per  diem  be  allowed  to  members  or 
officers  of  this  Convention. 

The  amendment  was  adopted:  Yeas,  105;  najvS,  21. 


YEAS. 


Messrs.  President, 

Ashcraft, 

Banks, 

Barefleld, 

Beddow, 

Bethune, 

Blackwell, 

Browne, 

Burnett, 

Burns, 

Carmichael  ( Colbert ) , 

Carmichael  (Coffee), 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fletcher, 

Foster, 

Gilraore, 

Glover, 

Grant, 

Greer  (Calhoun), 

Greer  (Perry), 


Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  ( Montgomery ) , 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox) 

IMulkey, 

Murphree, 

NeSmitb, 


582 


Journal  of  Alabama 


Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Pillans, 

Pitts, 

Eeynolds  (Chilton), 

Robinson, 

Rogers  ( Lowndes ) , 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 


Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mae.  A., 

Smith,  Morgan  M.. 

Sorrell, 

Spears, 

Spragins, 

Studdard, 

Tayloe, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  (Barbour), 

Wilson  (Clarke)— 105. 


NAYS. 


Messrs.  Bartlett, 

Beavers, 

Brooks, 

Bulger, 

Byars, 

Cardon, 

Carnathon, 

Davis  (DeKalb), 

Foshee, 

Graham  (Montgomery), 

Howze, 


Locklih, 

Lomax, 

Long  (Butler), 

jMoody, 

Phillips, 

Porter, 

Rogers  (Sumter), 

Stewart, 

Williams  (Marengo), 

Winn— 21. 


The  question  recurred  upon  tlie  adoption  of  the  reso- 
lution as  amended. 

The  resolution,  218,  was  h)st:  Yeas,  41;  nays,  85. 


Constitutional  Convention. 


583 


YEAS. 


Messrs.  Cofer, 

Craig, 

Davis  (DeKalb), 

Eyster, 

Fergugon, 

Gilmore, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Howze, 

Jackson, 

Jenlvins, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Ledbetter, 

Maxwell, 

Miller  (Marengo), 

Mulkey, 


Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

Parker  (Cullman), 

Pettus, 

Pitts, 

Keynolds  (Chilton), 

Rogers  (Lowndes), 

Sentell, 

Sloan, 

Smith,  Mac.  A. 

Spears, 

Tayloe, 

Waddell, 

Watts, 

Weakley, 

White, 

Whiteside — 41. 


NAYS. 


Messrs.  President, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 


Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Cornwell, 

Cunningham, 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Espy, 


584 


Journal  of  Alabama 


Fletcher, 

Foshee, 

Foster, 

Glover, 

Grant, 

Greer  (Callioun), 

Greer  (Perrj), 

Haley, 

Hinson, 

Hood, 

Howze, 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Merrill, 

Miller  (Wilcox)., 


Moody, 

Murphree, 

NeSmith, 

O'Kear, 

Palmer, 

Parker  (Elmore), 

Pillans, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Smith  (Mobile), 

Smith,  Morgan  M. 

Stewart, 

Studdard, 

Walker, 

Weatherly, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke) 

Winn— 85. 


REPORT  OF  COMMITTEE  ON  RULES. 


Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  submitted  the  following  report : 

The  Committee  on  Rules  reports  as  a  substitute  f(n' 
resolution  205,  introduced  by  Mr.  Reese,  of  Dallas,  the 
following  resolution : 

Resolved,  That  sul)division  fi  of  Rule  22  be  amend(Nl 
so  as  to  read  as  follows:  G.  Call  of  the  roll  in  alpiia- 
l)etical  order  for  the  introduction  of  resolutions,  me- 
morials, petitions  and  ordinances  and  their  ])roper  ref- 
erence; but  if  the  roll  call  is  not  completed    by    10:30 


Constitutional  Convention.  585 

o'clock  of  any  day,  the  Couveution  shall  at  that  hour 
proceed  with  the  next  regular  order  of  busiuess. 

On  motion  of  Mr.  Smith,  of  Mobile,  the  report  of  the 
committee  was  concurred  in,  and  the  resolution,  as  re- 
ported by  the  Committee  on  llules,  was  adopted. 

The  Committee  on  Kules  reports  as  a  substitute  for 
resolution  208,  introduced  b}'  Mr.  Cornwell,  of  Jeffer- 
son, the  following : 

Kesolved,  That  rule  55  be  amended  so  as  to  read  as 
follows:  That  the  rules  of  the  Convention  shall  not 
be  suspended,  except  by  a  two-thirds  vote  of  every  dele- 
gate present;  provided,  a  quorum  must  vote;  provided, 
further,  that  the  rule  limiting  debate  upon  ordinances 
reported  by  committees  shall  not  be  suspended,  except 
by  unanimous  consent. 

Mr.  Jones,  of  Montgomery,  moved  to  table  the  resolu- 
tion, 208,  as  reported  by  the  Committee  on  Eules. 

The  motion  prevailed,  and  the  resolution  208,  as  re- 
ported b}'  the  Committee  on  Rules,  was  laid  upon  the 
table. 

The  Committee  on  Rules  reported  favorably  the  fol- 
lowing resolution: 

Resolution  184,  by  Mr.  Cunningham: 

Resolved,  That  from  and  after  the  passage  of  this 
resolution  no  per  diem  will  be  allowed  to  delegates  to 
this  Convention  who  are  absent  except  those  granted 
leaves  of  absence  on  account  of  sickness  of  themselves 
or  immediate  families. 

The  resolution  was  adopted :  Yeas,  72 ;  nays,  54. 

YEAS. 

iNfessrs.  Ashcraft,  Bulger, 

Banks,  Burns, 

Barefield,  Carnathon, 

Bartlett,  Chapman, 

Beddow,  Cobb, 

Blackwell,  Cofer, 

Brooks,  Coleman  ( Greene) > 

Browne,  Cimningham, 


586 


Journal  of  Alabama 


Dent, 

Eley, 

Espy, 

Ferguson, 

Fletcher, 

Foster, 

Glover, 

Greer  (Perry), 

Haley, 

Heflin  (Chambers), 

Ileflin  (Randolph), 

Ileuderson, 

Howze, 

Inge, 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Leigh, 

Lowe  (Lawrence), 

Macdonald, 

Malone, 

Martin, 

Maxwell, 

Miller  (Wilcox), 

Murphree, 

NeSmith, 


Norman, 

Norwood, 

Gates, 

G'Neal  (Lauderdale), 

( )pp, 

Palmer, 

Parker  (Elmore), 

Pettiis, 

Phillips, 

Pillans, 

Porter, 

Kogers  (Lowndes), 

liogers  (Sumter), 

Sanders, 

Sanfordj 

Searcy, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Spears, 

Spragins, 

Stewart, 

Waddell, 

Walker, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  ( IMarengo )  — 72. 


NAYS. 


Messrs.  Beavers, 

Beth  line, 

Burnett, 

Byars, 

Cardon, 

Carmichael  ( Colbert ) , 

Carmichael  (Coffee), 

Cornwell, 

Craig, 

Davis  (DeKalb), 


Davis  (Etowah), 

Duke, 

Eyster, 

Foshee, 

Gilmore, 

Graham  ( Montgomery ) , 

Grant, 

Grayson, 

Greer  (Calhoun), 

Hodges, 


Constitutional  Convention.  587 

Hood,  Parker  (Cullman), 

Jackson,  Pitts, 

Jones  (Bibb),  Proctor, 

Kirk,  Reese, 

Kirkland,  Reynolds  (Chilton), 

Ledbetter,  Reynolds  (Henry), 

Locklin,  Robinson, 

Lomax,  Selheimer, 

Long  (Butler),  Sentell, 

Long  (Walker),  Sloan, 

Lowe  (Jefferson),  Smith,  Morgan  M. 

McMillan  (Wilcox),  Sorrell, 

Merrill,  Studdard, 

Miller  (Marengo),  Watts, 

Moody,  Williams  (BarbourJ, 

Mulkey,  Wilson  (Clarke), 

O'Rear,  Winn— 54. 

The  Committee  on  Rules  reported  favorably  the  fol- 
lowing resolution : 

Resolution  169,  by  Mr.  Williams,  of  Marengo : 

Whereas,  The  Convention  has  incurred  considerable 
expense  in  obtaining  a  stenographic  report  of  the  pro- 
ceedings of  the  Convention ;  and 

Whereas,  The  wisdom  of  the  reports  appears  more 
apparent  every  day,  and 

AVhereas,  As  a  ready  reference  the  reports  are  a  fail- 
ure as  they  now  are,  and 

Whereas,  An  index  would  add  greatly  to  the  value  of 
the  report; 

Now,  therefore,  be  it  resolved  by  the  Convention, 
That  as  soon  as  the  Convention  shall  have  adjourned 
sine  die,  that  the  Secretary  of  State  be  and  he  is  hereby 
authorized  to  contract  with  some  reliable  party  who 
shall  make  a  complete  index  of  said  report,  and  shall 
place  the  same  in  each  of  the  volumes  of  the  reports 
heretofore  ordered  kept  for  the  use  of  the  State,  and 
shall  further  cause  to  be  printed  in  some  paper  in  Ala- 
bama the  said  index,  so  that  those  people  of  Alabama 


588  Journal  of  Alabama 

^\]ui  are  preserviug  the  repoi-ts  may  easily  obtain  a  copy 
of  said  iudex  for  their  use  and  preseryation. 

The  resolution  was  adopted. 

The  Committee  on  Rules  reported  \yithout  rtM-ommen- 
dation  the  follo^ying  resolution : 

Resolution  192,  by  Mr.  Rogers,  of  Lo\yndes : 

To  amend  rule  36,  so  as  to  read :  The  ayes  and  noes 
shall  only  be  ordered  when  the  call  therefor  is  sustained 
by  fifty  delegates. 

Mr,  Reese  moyed  that  the  resolution  192  be  laid  upon 
the  table. 

The  motion  preyailed,  and  the  resolution  192  was  laid 
upon  the  table. 

UNFINISHED  BUSINESS. 

The  Conyention  proceeded  to  the  consideration  of  tlie 
unfinished  business,  which  Ayas  the  consideration  of  tlie 
reference  of  ordinance  408. 

Mr.  Heflin  of  Chambers  moyed  to  refer  the  ordinance 
to  the  Committee  on  Impeachments. 

Mr.  Jones,  of  Montgomery,  moved  to  amend  the  mo- 
tion of  Mr.  Heflin,  of  Chambers,  by  referring  the  reso- 
lution to  the  Committee  on  Executive  Department. 

The  amendment  Avas  adopted. 

The  motion  of  Mr.  Heflin,  of  Chambers,  as  amended, 
was  adopted. 

The  ordinance  408  was  referred  to  the  Committee  on 
Executive  Department. 

REPORT  OF  COMMITTEE  ON  SCHEDULES^  PRINTING  AND 
INCIDENTAL   EXPENSES. 

Mr.  Heflin,  of  Randolph,  moved  that  the  report  of 
tlie  Committee  on  Schedules,  Printing  and  Incident^il 
Expenses  be  taken  up  for  consideration. 

The  motion  prevaihMl,  and  the  re])ort  of  the  Commit- 
tee was  read  at  length  as  follows : 


Constitutional  Convention.  589 

liepoi't  of  the  Committee  on  Schedules,  rriutiug  aiid 
lucideutal   Expenses. 

Mr.  President: 

The  Committee  on  Scliednh'S,  Printing-  and  Incidental 
Exi)enses  have  instrncted  me  to  make  the  followinij,  par- 
tial report,  viz. : 

The  Committee  have  audited  the  accounts  hereto  at- 
taclied  and  find  that  the  State  of  Alabama  is  indebted 
to  tlie  Brown  Printing  Company  of  Montgomery,  Ala., 
in  the  sum  of  |255.25.  We  find  that  said  State  is  in- 
debted to  Marshall  &  Bruce  of  Nashville,  Tenn.,  the 
sum  of  |12.  We  also  find  that  said  State  is  indebted  to 
Ed.  C.  Fowler  Co.,  of  Montgomery,  Ala.,  in  the  sum  of 
124.75. 

All  of  the  above  amounts  are  for  articles  furnished 
the  State  of  Alabama  for  the  use  of  the  Constitutional 
Convention,  and  all  of  the  above  amounts  are  itemized 
as  shown  by  bills  hereto  attached.    Total  amount,  |302. 

And  we  reeommend  the  payment  of  the  same,  all  of 
which  is  respectfully  submitted. 

John  T.  Heflin, 
Chairman  of  Committee  on  Schedule,  Printing  and  In- 
cidental Expenses. 

Mr.  Heflin,  of  Randolph,  moved  that  the  report  of 
the  committee  be  adopted,  and  that  the  President  be 
authorized  to  draw  a  warrant  on  the  State  Treasurer 
for  the  payment  of  the  accounts  set  out  in  the  above 
foregoing  report. 

The  motion  prevailed. 

unfinished  business. 

Tlie  Convention  proceeded  to  the  consideration  of  tlie 
unfinished  business,  which  was  the  report  of  the  ('om- 
mittee  on  Taxation. 

The  question  was  up(ni  the  amendment  offered  by  Mr. 
Kirk  to  Section  9  of  the  Article  XI,  reported  by  tlie 
Committee  on  Taxation. 

Mr.  White  offered  the  following*  substitute  for  the 
amendment  offered  by  Mr.  Kirk : 

Amend  Section  9  so  as  to  read  as  follows:  After  the 


590  '  Journal  of  Alabama  ^ 

ratification  of  this  Constitution  no  county  shall  become 
indebted  in  an  amount  gTeater  than  5  per  centum  of  the 
taxable  value  of  the  property  thereof,  and  in  estimating 
the  amount  of  said  indebtedness,  its  then  existing  debts 
shall  be  included. 

Mr.  Sanders  offered  the  following  amendment  for 
Section  9,  and  the  pending  amendment  and  the  substi- 
tute for  the  amendment : 

No  county  shall  become  indebted  in  an  amount  greater 
than  5  per  centum  of  the  taxable  value  of  the  property 
thereof;  provided,  this  limitation  shall  not  apply  to  any 
existing  indebtedness  in  excess  of  »uch  5  per  centum, 
which  has  already  been  created,  or  authorized  b}'  now 
existing  law  to  be  created. 

The  substitute  was  lost. 

Mr.  Harrison  offered  the  following  substitute  for 
Section  9  and  the  pending  amendments : 

Substitute  for  Section  9  and  amendments: 

No  county  shall  become  indebted  in  an  amount  greater 
than  3^  per  centum  of  the  taxable  value  of  the  property 
thereof;  provided,  this  limitation  shall  not  a])ply  to 
any  existing  indebtedness  in  excess  of  such  3-J-  per 
centum,  which  has  already  been  created  or  authorized 
by  now  existing  law,  to  be  created. 

Mr.  O'Neal,  of  Lauderdale,  moved  to  table  the  sub- 
stitute offered  by  Mr.  Harrison. 

The  motion  to  table  was  lost :  Yeas,  58 ;  nays  70. 

YEAS. 

Messrs.  Barefield,  Coleman  (Greene), 

Beddow,  Cornwell, 

Bethune,  Cunningham, 

Blackwell,  deOraffenried, 

Brooks,  Eyster, 

Burnett,  Ferguson, 

Cardon,  Foshee, 

Carmichael  (Colbert),  Foster, 

Carmichael  (Coffee),  Glover, 

Carnathon,  Graham  (Montgomery), 

Cobb,  Grant, 


Constitutional  Convention. 


591 


Grayson, 

Greer  (Calhoun), 

Haley, 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Howze, 

Inge, 

Jones  (Bibb), 

Kirk, 

Kirkland, 

Knight, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 


Macdonald, 

Martin, 

Moody, 

NeSmith, 

Norman, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

Parker  (Cullman), 

Rogers  (Lowndes), 

Selheimer, 

Sentell, 

Sloan, 

Waddell, 

Walker, 

Watts, 

White, 

Willett— 58. 


NAYS. 


Messrs.  President, 

Ashcraft, 

Banks, 

Bartlett, 

Browne, 

Bulger, 

Burns, 

Byars, 

Chapman, 

Cofer, 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Espy, 

Fletcher, 

Gilmore, 

Greer  (PerryJ, 


Harrison, 

Heflin  (Chambers), 

Hinson, 

Hood, 

Jackson, 

Jenkins, 

Jones  (Hale), 

Jones  (Wilcox), 

Kyle, 

Locklin, 

Miller  (Wilcox), 

Malone, 

Maxwell, 

Merrill, 

Miller  (Marengo). 

Miller  (Wilcox), 

Mulkey, 

Murphree, 

Norwood, 

Gates, 


592  Journal  of  Alabama 

O'Rear,  •     Smith  (Mobile), 

Palmer,  Smith,  Morgan  M., 

Parker  (Elmore),  Sorrell, 

Pettus,  Spears, 

Phillips,  Spragins, 

Pillans,  Stewart, 

Porter,  Studdard, 

Proctor,  Tayloe, 

Reynolds  (Chilton),  Weakley, 

Reynolds  (Henry),  Weatherly. 

Robinson,  Whiteside, 

Rogers  (Sumter),  Williams  (Barbour), 

Sanders,  Williams  (Marengo), 

Sanford,  Wilson  (Clarke) , 

Searcy,  Winn — 70. 

PAIRS  ANNOUNCED. 

The  following  pairs  were  announced : 

Messrs.  Reese  and  Fitts.  Mr.  Reese  would  vote  aje, 
and  Mr.  Fitts  would  vote  nay. 

Mr.  Harrison  moved  that  the  substitute  for  Section  9 
and  the  pending  amendments  be  adopted. 

The  motion  prevailed,  and  the  substitute  for  Section 
9  and  pending  amendments  was  adopted. 

Mr.  Poster  offered  the  following  amendment  to  Sec- 
tion 9 : 

Amend  Section  9  by  inserting  between  the  words 
"amount"  and  ''greater,"  in  the  first  line,  the  following : 
"Not  including  debts  which  mature  within  twelve 
months  after  the  creation  of  the  same." 

The  amendment  was  lost. 

Mr.  Lomax  offered  the  following  substitute  for  Sec- 
tion 9 : 

No  couuty  in  this  State  having  an  assessed  valuation 
{exceeding  twenty  'million  dollars  of  taxable  pro])erty, 
shall  liecome  indelvted  in  an  amount  exceeding  five  (5) 
per  cent,  of  its  assessed  valuation,  and  counties  having 
an  assessed  valuation  of  less  than  twenty  millions  shall 
not  incur  a  debt  exceeding  four   (4)   per  cent,  of  its 


Constitutional  Convention. 


593 


assessed  valuation;  provided  that  this  limitation  shall 
not  apply  to  debts  created  for  the  construction  of  court 
houses  and  jails. 

Nothing  herein  contained  shall  prevent  the  issue  of 
renewal  bonds  or  bonds  to  fund  the  floating  indebtedness 
of  such  county  now  existing. 

Mr.  Harrison  moved  to  table  the  substitute  offered  by 
Mr.   Lomax. 

The  motion  prevailed,  and  the  substitute  was  laid 
upon  the  table:  Yeas,  82;  nays,  45. 


YEAS. 


Messrs.  President, 

Ashcraft, 

Banks, 

Bartlett, 

Beavers, 

Browne, 

Brooks, 

Bulger, 

Byars, 

Carnathon, 

Chapman, 

€obb, 

Cofer, 

Coleman  (Greene), 

Craig, 

Ounningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Espy, 

Fletcher, 

Foshee, 

Foster, 

Gilmore, 

Oreer  (Calhoun), 


Greer  (Perry), 

Harrison, 

Heflin  (Chambers), 

Hinson, 

Hood, 

Inge, 

Jackson, 

Jones  (Hale), 

Jones  (Wilcox), 

Kirkland, 

Kyle, 

Leigh, 

Locklin, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Mulkey, 

Murphree, 

Gates, 

O'Rear, 

Palmer, 

Parker  (Elmore), 

Pettus, 


38 


594 


JouENAL.  OF  Alabama 


Phillips, 

Pillans, 

Porter, 

Proctor, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

;Sanders, 

San  ford, 

Searcy, 

Sloan, 

Smith  (Mobile), 

Smith,  Morgan  M., 


Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tavloe, 

Waddell, 

Walker, 

Weatherly, 

Whiteside, 

Williams  (Barbour),. 

Williams  ( Marengo ) ,. 

Wilson  (Clarke). 

Winn— 82. 


NAYS. 


Messrs.  Barefield, 

Beddow, 

Bethune, 

Blackwell, 

Burnett, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Cornwell, 

deGraffenried, 

Eyster, 

Ferguson, 

Glover, 

Graham  ( Montgomery ) , 

Grant, 

Grayson, 

Haley, 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Howze, 

Jenkins, 


Jones  (Bibb), 

Kirk, 

Knight, 

Ledbetter, 

Lomax, 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

^lacdonald, 

Moodv, 

XeSniith, 

Norman, 

Norwood, 

O'Neal  ( Lauderdale)  y 

O'Neill  (Jefferson), 

Opp, 

Parker  (Cullman), 

Rogers  (Lowndes), 

Selheimer, 

Sentell, 

Watts, 

Weakley, 

White— 45. 


Constitutional  Convention.  595 

PAIRS  announced. 

The  following  i)airs  were  auuoiinced : 
Messrs.  Fitts  and  Keese.  Mr.  Fitts  would  vote  aye, 
and  Mr.  Reese  would  vote  nay. 

Mr.  Carmicliael,  of  Colbert,  offered  the  following 
amendment  "to  Section  9  : 

Provided  that  any  county  which  is  already  indebted 
in  any  amount  which  equals  or  exceeds  the  debt  limit 
herein  provided  may,  for  the  erection  of  necessary  pub- 
lic buildings  and  bridges,  borrow  in  addition  to  said  3^ 
per  centum  a  sum  not  greater  than  1|  per  centum  of  the 
assessed  value  of  the  taxable  property  of  said  county. 

The  amendment  was  adopted. 

Mr.  Browne  moved  the  adoption  of  Section  9  as 
amended. 

The  motion  prevailed  and  Section  9,  as  amended,  was 
adopted. 

SECTION  TEN. 

Sec.  10.  No  city,  town  or  other  municipal  corporation 
shall  become  indebted  in  an  amount  exceeding  5  per 
centum  of  the  taxable  value  of  the  property  thereof; 
provided,  that  for  the  erection  or  purchase  of  water- 
works, gas  or  electric  plants,  or  sanitary  sewerage  an 
additional  indebtedness  not  to  exceed  3  per  centum  may 
be  created ;  provided,  further,  that  this  section  shall  not 
apply  to  indebtedness  in  excess  of  such  5  per  centum 
already  created  or  authorized  by  law  to  be  created. 

Was  read  at  length. 

Mr.  Browne  offered  the  folloTsing  amendment  to  Sec- 
tion 10  of  the  Article  XI,  reported  by  the  Committee 
on  Taxation : 

Amend  Section  10  by  inserting  the  words  "the  excess 
of"  after  the  words  "not  apply  to"  in  line  five,  and  strike 
out  "in  excess  of"  in  line  five  and  insert  in  lieu  thereof 
the  word  "over"  and  insert  after  the  words  "authorized 
by,"  in  line  six,  the  words  "now  existing." 


596 


Journal  of  Alabama 

RECESS. 


Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Taxation,  the  hour  of  1  o'clock  ar- 
rived, and  under  the  rules,  the  Convention  recessed  until 
3:30  o'clock  this  afternoon. 


AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almon, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 


Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig. 

Canningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fletcher, 

Foshee, 

Foster, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 


Constitutional  Convention. 


597 


Greer  (CalliouD), 

O'Neal  (Lauderdale),. 

Greer  (Perry), 

O'Neill  (Jefferson), 

Haley, 

Opp, 

Harrison, 

O'Rear, 

Heflin  ( Chambers  )i 

Palmer, 

Heflin  (Randolph), 

Parker  (Cullman),. 

Henderson, 

Parker  (Elmore), 

Hinson, 

Pettus, 

Hodges, 

Phillips, 

Hood, 

Pillans, 

Howze, 

Pitts, 

Inge, 

Porter, 

Jenkins^ 

Proctor, 

Jones  (Bibb), 

Keesf 

Jones  (Hale), 

Reynolds  ( Chilton ), 

Jones  (Montgomery), 

Reynolds  (Henry), 

Jones  (Wilcox), 

Robinson, 

Kirk, 

Rogers  (Lowndes), 

Kirkland, 

Rogers  (Sumter), 

Knight, 

Sanders, 

Kyle, 

Sanford, 

Ledbetter, 

Searcy, 

Leigh, 

Selheimer, 

Locklin, 

Smith  (Mobile), 

Lomax, 

Smith,  Mac.  A., 

Long  (Butler), 

Smith,  Morgan  M., 

Long  (Walker), 

Sorrell, 

Lowe  (Jefferson), 

Spears, 

Macdonald, 

Spragins, 

McMillan  (Wilcox), 

Stewart, 

Malone, 

Tavloe, 

Martin, 

Waddell, 

Maxwell, 

Walker, 

Merrill, 

Watts, 

Miller  (Marengo), 

Weakley, 

Miller  (Wilcox), 

Wentherlv, 

Moody, 

White, 

Mulkey, 

Whiteside, 

Murphree, 

Willett, 

NeSmith, 

Williams  (Barbour), 

Norman, 

Williams  (Marengo), 

Norwood, 

Wilson  (Clarke). 

Gates, 

Winn— 131. 

598  Journal  of  Alarama 

unfinished  business. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  consideration  of  the 
report  of  the  Committee  on  Taxation. 

The  question  was  upon  the  amendment  offered  hy  Mr, 
Browne  to  Section  10  of  the  Article  XI,  reported  by  the 
Committee  on  Taxation. 

Mr.  Browne  asked  unanimous  consent  to  withdraw 
the  amendment  to  Section  10. 

Consent  was  granted,  and  the  amendment  was  with- 
drawn. 

Mr.  Browne  offered  the  following  amendment  to  Sec- 
tion 10,  which  was  adopted: 

Amend  Section  10  by  striking  out  all  of  said  section 
after  the  word  ^'created"  in  the  fourth  line,  and  insert- 
ing in  lieu  thereof  the  following:  Provided  further, 
that  the  limitation  of  5  per  centum  mentioned  in  this 
section  shall  not  apply  to  any  existing  indebtedness  ex- 
ceeding 5  per  centum  which  has  already  been  created 
or  which  has  been  authorized  by  now  existing  law  to  be 
created. 

Mr.  Weakley  offered  the  following  substitute  for  Sec- 
tion 10 : 

Sec.  10.  That  no  city,  town  or  village  shall  hereafter 
become  indebted  for  any  purpose  or  in  any  manner  to 
an  amount  which,  including  existing  indebtedness,  shall 
exceed  7  per  centum  of  the  assessed  valuation  of  the 
real  and  personal  property  within  said  city,  town  or 
village,  subject  to  taxation  as  shown  by  the  last  preced- 
ing assessment  for  State  and  county  purposes;  pro- 
vided, however,  that  in  determining  the  limitation  of  the 
power  of  such  city,  town  or  village  to  incur  indebted- 
ness there  shall  not  be  included  the  following  class  of 
indebtedness,  to-wit : 

(a)  Notes,  certificates  of  indebtedness  or  revenue 
bonds  issued  in  anticipation  of  the  collection  of  taxes, 
unless  the  same  bo  not  paid  within  two  years  from  the 
date  of  such  issue  and  all  such  notes,  certificates  of  in- 
debtedness and  revenue  bonds  shall  be  provided  for, 
and  made  payable  from  the  taxes  levied  for  the  year  in 


Constitutional  Convention.  599 

which  they  are  issued,  and  shall  never  exceed  the  amount 
of  such  taxs. 

(&)  Bonds  issued  for  the  purpose  of  purchasing  or 
otherwise  providing  for  a  supply  of  water  or  for  the 
-construction  or  installation  of  sanitary  sewers,  or  for 
the  extension  of  either  of  the  same. 

(c)  Obligations  incurred  and  bonds  issued  to  procure 
means  to  pay  for  street  or  sidewolk  improvements  or 
storm  water  sewers,  the  cost  of  which  is  to  be  assessed 
-against  the  property  abutting  or  drained  by  such  sewers. 

(d)  Debts  created  for  the  preservation  of  the  public 
health. 

(e)  Debts  existing  on  the  6th  day  of  December,  1875, 
or  any  obligation  issued  to  renew  or  refund  the  same. 

No  city,  town  or  tillage  whose  present  indebtedness 
■exceeds  the  limitations  herein  imposed  shall  be  allowed 
to  become  indebted  in  any  further  amount  until  such 
indebtedness  shall  be  reduced  within  such  limit;  pro- 
vided, however,  that  nothing  herein  contained  shall  pre- 
vent any  municipality  from  Issuing  bonds  in  renewal  or 
for  the  refunding  of  obligations  already  existing. 

Mr.  Pillans  offered  the  following  amendment  to  the 
substitute  offered  by  Mr.  Weakley : 

Amend  the  substitute  by  striking  out  the  paragraphs 
marked  (a)  and  (d), 

Mr.  O'Neal,  of  Lauderdale,  offered  the  following 
resolution,  and  the  same  being  a  resolution  providing 
for  adjournment,  was  a  privileged  resolution,  and  was 
placed  upon  its  adoption : 

Resolution  221,  by  Mr.  O'Neal,  of  Lauderdale: 

Whereas,  the  Fourth  of  July  is  sacred  to  all  who  ap- 
preciate the  republican  institutions,  and  is  in  all  pro- 
tions  of  the  Rej^ublic,  and  wherever  the  flag  waves,  a  day 
of  rejoicing  and  thanksgiving,  and 

Whereas,  The  people  of  Alabama  in  Convention  as- 
sembled, recognize  the  glorious  memories  which  this  day 
awakens,  and  appreciating  that  brotherly  feeling  which 
now  exists  between  the  States,  and  to  which  we  owe  our 
beautiful  Federal  system ; 

Therefore,  be  it  resolved.  That  in  honor  of  Independ- 
ence day,  the  Convention  adjourn  at  its  usual  hour  till 


600  Journal  of  Alabama 

Friday  morning. 

The  resolution  was  adopted. 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  rejxjrt  of 
the  Committee  on  Taxation,  the  hour  of  0  o'clock  p.  m. 
arrived,  and,  under  the  resolution  previously  adopted, 
the  Convention  adjourned  until  Friday  morning  at  9  :30 
o'clock. 


THIRTY-SEVENTH   DAY. 
Convention  Hall. 
Montgomery,  Ala.,  Friday,  July  5,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Dr.  Patterson  of  the  city. 

roll  call. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  constituted 
a  quorum : 

Messrs.  President^  Burns, 

Ashcraft,  Byars, 

Banks,  Cardon, 

Barefield,  Carmichael  (Colbert), 

Bartlett,  Carmichael  (Coffee), 

Beavers,  Carnathon, 

Beddow,  Chapman, 

Bethune,  Cobb, 

Blackwell,  Cofer, 

Boone,  Coleman  (Greene), 

Brooks,  Cornwell, 

Browne,  Cunningham, 

Bulger,  Davis  (Etow^ah), 

Burnett,  Dent, 


Constitutional  Convention. 


601 


deGraftenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Glover, 

Graham  ( Montgomery ) , 

Graham  ( Talladega ) , 

Grayson, 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Eandolph), 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jenkins, 

Jones  (Bihb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 


Lowe  (Jefferson), 
Lowe  (Lawrence), 
Macdonald, 
McMillan  (Wilcox), 
Malone, 
Martin, 
Maxwell, 
Merrill, 

Miller  (Wilcox),, 
Moody, 
Mulkey, 
Murphree, 
NeSmith, 
Norman, 
Norwood, 
Gates, 

O'Neal  (Lauderdale)^ 
O'Neill  (Jefferson), 
Opp, 
O'Rear, 
Palmer, 

Parker  (Cullman), 
Parker  (Elmore), 
Pettus, 
Phillips, 
Pillans, 
Pitts, 
Porter, 
Proctor, 
Reese, 
Renfroe, 

Reynolds  (Chilton), 
Reynolds  (Henry), 
Rogers  (Lowndes), 
Rogers  (Sumter), 
Sanders, 
Sauford, 
Searcy, 


^02  Journal  of  Alabama  ': 

Selheimer,  Thompson, 

Sloan,  Waddell, 

Smith  (Mobile),  Walker, 

Smith,  Mae.  A.  Watts, 

Smith,  Morgan  M.,  \A^eakley, 

Sorrell,  Weatherly, 

Spears,  White, 

Spragins,  ^ViJliams  (Barbour), 

Stewart,  Williams  (Marengo), 

Studdard,  Wilson  (Washington), 

Tayloe,  Winn— 126. 

LEAVE   OF   ABSENCE 

Was  granted  to  Messrs.  Miller,  of  Marengo,  for  to- 
day and  to-morrow  on  account  of  sickness;  Morrisette 
for  to-day  and  to-morrow,  Monday  and  Tuesday;  Boone 
for  last  Tuesday  and  Wednesday,  July  2  and  3;  Jack- 
son for  the  morning  session  on  account  of  sickness ;  Sol- 
lie  indefinitely,  account  of  sickness;  Graham,  of  Talla- 
dega, for  last  Wednesday;  McMillan,  of  Baldwin,  for 
last  Friday,  and  indefinitely  from  that  day  on  account 
of  sickness;  Samford  for  to-day  and  to-morrow;  de- 
Graffenried  for  to-morrow  and  Monday  on  account  of 
«ickness  in  his  family;  Howell  for  last  Wednesday; 
Freeman  for  last  Wednesday;  Hinson  for  to-day  and 
to-morrow  on  account  of  sickness;  Kirkland  for  Satur- 
day; Heflin,  of  Randolph,  for  to-morrow. 

REPORT   OF   COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  thirty-sixth 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted. 

The  report  of  the  committee  was  concurred  in. 

John  F.  Proctor.  Chairman. 


Constitutional  Convention.  603 

resolutions. 

The  following  resolutions  were  offered,  severally  read 
one  time,  at  length,  and  referred  to  appropriate  com- 
mittees as  follows : 

llesolution  222,  by  Mr,  Reese,  of  Dallas  : 

Whereas,  the  chief  and  most  important  fjurpose  for 
which  this  Convention  was  called  was  and  is  the  revis- 
ion of  the  provisions  relating  to  Sutfrage  and  Election, 
and 

Whereas,  more  than  fortj^-six  days  have  passed  since 
the  assemblage  of  this  Convention  without  any  con- 
sideration by  it  of  said  provisions;  therefore 

Be  it  resolved.  That  immediately  after  the  conclusion 
of  the  consideration  of  the  rei)ort  of  the  Committee  on 
Taxation,  the  report  of  the  Committee  on  Suffrage  and 
Election  be  and  the  same  is  hereby  made  the  special 
order  of  the  Convention,  and  former  orders  and  reso- 
lutions of  the  Convention  to  the  contrary  are  hereby  re- 
voked. 

The  resolution  was  referred  to  the  Committee  on 
Eules. 

Resolution  223,  by  Mr.  Smith,  Mac.  A.,  of  Autauga : 

Resolved,  by  the  people  of  Alabama  in  Convention 
assembled.  That  it  is  the  sense  of  this  Convention  that 
the  General  Assembly  should,  as  early  as  practicable, 
so  amend  the  laws  of  said  State  as  to  more  certainly 
punish  the  offense  of  vagrancy,  which  is  becoming  such 
a  common  and  alarming  evil  in  many  sections  of  Ala- 
bama. 

The  resolution  was  referred  to  the  Committee  on 
Legislative  Department. 

Resolution  224,  by  Mr.  Cobb : 

Resolved,  That  the  reports  of  the  Committee  on  Suf- 
frage and  Elections  be  taken  up  at  11  o'clock  on  Tuesday 
next  for  consideration,  to  the  exclusion  of  all  other  busi- 
ness. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 


604  Journal  of  Alabama 

ordinances  on  first  reading. 

The  following  ordinances  were  introduced  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Ordinance  409,  by  Mr.  Carmichael,  of  Colbert : 

To  provide  for  the  filing  and  arranging  of  the  papers 
and  documents  pertaining  to  the  Constitutional  Conven- 
tion, b}'  the  Secretary  of  the  Convention;  also 
to  jirovide  for  the  delivery  by  the  Secretary 
of  a  correct  copy  of  the  Journal  of  the  Convention  to 
the  public  printer,  with  the  proper  index  thereto;  also 
to  provide  for  the  superintendance  of  the  printin«2;  of 
sa'd  Journal  by  the  Secretary;  also  to  make  appropria- 
L\.ns  for  the  compensation  of  said  Secretary  for  his 
services. 

The  ordinance  was  referred  to  the  Committee  on 
Journal. 

Ordinance  410,  by  Mr.  Keese,  of  Dallas : 

In  all  prosecutions  for  rape,  adultery,  fornicatiuri, 
sodomy  or  crime  against  nature,  the  court  may,  in  its 
discretion,  exclude  from  the  court  room  all  persons  ex- 
cept such  as  may  be  necessary  in  the  conduct  of  the  trial. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  411,  by  Mr.  Keese,  of  Dallas : 

The  General  Assembly  shall  enact  penal  statutes  to 
suppress  the  evil  habit  of  using  obscene  and  profane 
language  in  the  hearing  of  children. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

PETITIONS. 

Petitions  relative  to  the  election  of  the  Railroad  Com- 
mission by  a  vote  of  the  ])eople  were  offered  by  Messrs. 
Mnrphree  and  Spragins,  and  the  same  were  read  at 
length  and  referred  to  the  Committee  on  Corporations. 


Constitutional  Convention.  605 

reports  of  standing  committees. 

Mr.  Jones,  of  Montgomery,  submitted  the  following 
reports,  which  were  read  at  length  and  ordered  placed 
•on  the  adverse  calendar,  and  300  copies  of  the  report 
containing  ordinance  408  was  ordered  printed. 
Mr.  President : 

The  Committee  on  Executive  Department  direct  me 
to  return  resolution  No.  200,  with  the  recommendation 
that  it  do  not  pass. 

In  view  of  the  extensive  and  protracted  debate  over 
the  matter  to  which  it  relates,  the  committee  deems  it 
entirely  unnecessary  to  make  any  argument  in  support 
of  their  adverse  report. 

Thos.  G.  Jones,  Chairnuni. 

REPORT    of    THE    COMMITTEE    ON    EXECUTIVE    DEPARTMENT 
ON   ORDINANCE   NO.   408. 

j}]r.  President: 

The  Committee  on  Executive  Department  to  whom 
was  referred  Ordinance  No.  408,  direct  me  to  return 
the  same  with  the  recommendation  that  it  do  not  pass. 
It  proposes  to  change  the  present  Constitution  and 
the  article  on  the  Executive  Department  adopted  bv 
this  Convention,  so  as  to  make  Sheriffs  eligible  as  their 
own  successors,  and  to  change  the  provisions  of  the 
article  adopted  by  the  Convention  as  to  the  mode  of  im- 
peachments of  Sheriffs. 

All  these  matters  have  been  so  frequently  discussed 
before  the  Convention,  and  it  has  so  frequently  voted 
adversely  to  the  principle  sought  to  be  enacted  by  the 
ordinance  herewith  returned,  that  the  committee  re- 
frains from  any  argument  in  support  of  its  adverse  re- 
port. 

Thos.  G.  Jones.  Chairman. 


606  Journal  of  Alarama 

minority  report  of  the  committee  on  executive  de- 
partment. 

We,  the  imdersigned  members  of  the  Committee  on 
Executive  Department,  do  not  concur  in  the  majority 
report  on  Ordinance  No.  408,  introduced  by  Mr.  Heflin, 
of  Chaml)er.s.  ^Ve  recommend  the  adoption  of  the  ordi- 
nance as  amended  by  us,  whicli  is  as  follows : 

An  ordinance  to  be  entitled  Section  28  of  Article  V : 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assembled :  A  Sheriff  shall  be  elected  in  each  county 
by  the  qualified  electors  thereof,  who  shall  hold  his 
office  for  the  term  of  four  years,  unless  sooner  removed, 
and  he  shall  be  ineligible  to  such  office  as  his  own  suc- 
cessor. Vacancies  in  the  office  of  Sheriff  shall  be  filled 
by  the  Governor,  as  in  other  cases;  and  the  person  ap- 
pointed shall  continue  in  office  until  the  next  general 
election  in  the  county  for  Sheriff',  as  provided  by  law. 

The  Sheriff"  may  be  impeached  or  removed  from  office 
in  the  manner  and  for  the  causes  mentioned  in  Article 
VII  of  this  Constitution. 

Be  it  further  ordained,  That  Section  28  of  Article  V, 
which  was  finally  passed  on  July  2,  1901,  be  and  is  here- 
bv  repealed. 

T.  W.  Hodges, 

M.  S.  Carmichael^ 

M.  M.  Smith. 

Mr.  Jones,  of  Montgomery,  chairman  of  the  Commit- 
tee on  Executive  Department,  returned  to  the  Conven- 
tion a  memorial  from  the  Sheriffs',  Clerks'  and  Regis- 
ters' Association  of  Alabama,  and  requested  that  the 
same  be  referred  to  the  Committee  on  Judiciary. 

The  memorial  was  referred  to  the  Committee  on  Judi- 
ciary. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  Which  was  the  report  of  the  Com- 
mittee on  Taxation. 


CONSTITUTION.U.  CONVENTION,  607 

The  question  was  upon  the  substitute  and  pending 
amendment  ottered  by  Mr.  Weakley  to  Section  10  of  the 
Article  XI,  reported  by  the  Committee  on  Taxation. 

Mr.  Weakley  asked  unanimous  consent  to  withdraw 
the  substitute. 

Consent  was  granted,  and  the  substitute  was  with- 
drawn. 

Mr.  Weakley  offered  the  following  substitute  for  Sec- 
tion 10: 

Sec.  10.  No  city,  town  or  other  municipal  corpora- 
tion shall  become  indebted  in  an  amount,  including 
present  indebtedness,  exceeding  5  per  centum  of  the  as- 
sessed value  of  the  property  thereof,  except  for  the  con- 
struction or  purchase  of  water  works,  gas,  or  electric 
light  plants,  and  sewerage,  or  for  the  improvement  of 
streets  for  which  purpose  an  additional  indebtedness, 
not  exceeding  3  per  cent,  may  be  created,  and  excepting 
also  temporary  loans  to  be  paid  within  one  year,  made 
in  anticipation  of  the  collection  of  taxes,  not  to  exceed 
one-fourth  of  the  general  revenues  of  such  cities  and 
towns;  provided,  however,  that  this  limitation  shall 
not  apply  to  towns  and  cities  having  a  population  of 
six  thousand  or  more,  or  to  the  city  of  G'adsden  and 
Ensley,  which  last  described  cities  and  towns  shall  not 
become  indebted  in  an  amount,  including  present  in- 
debtedness, except  7  per  cent,  of  the  assessed  valuation 
of  the  property  thereof,  and  provided  further,  that  there 
shall  not  be  included  in  the  limitations  of  the  indebted- 
ness of  such  last  described  cities  and  towns  the  follow- 
ing classes  of  indebtedness,  to-wit :  Temporary  loans, 
to  be  paid  within  one  year,  made  in  the  anticipation  of 
the  collection  of  taxes,  and  to  not  exceed  one-fourth  of 
such  taxes;  bonds  or  other  obligations  already  issued 
or  which  may  hereafter  be  issued  for  the  purpose  of  ac- 
quiring, providing  or  constructing  school  houses,  water 
works  and  sewers,  and  obligations  Incurred  and  bonds 
issued  for  street  or  sidewalk  improvement,  where  the 
cost  of  the  same,  in  whole  or  in  part,  is  to  be  assessed 
against  the  property  abutting  said  improvement;  pro- 
vided, that   the   proceeds   of  all   obligations   issued   as 


608  JOURXAL  OF  Alarama 

herein  provided  iu  excess  of  said  7  per  centiiiii  sliall  not 
be  asl^ed  for  any  purpose  other  than  for  which  said  obli- 
gations were  issued. 

Nothing  herein  contained  shall  prevent  the  funding 
or  refunding  of  existing  indebtedness. 

Mr.  Walker  offered  the  following  amendment  to  the 
substitute  offered  b}-  Mr.  Weakley  : 

Sec.  10.  No  city,  town  or  other  municipal  corpora- 
tion shall  become  indebted  in  any  amount  exceeding  5 
per  centum  of  the  taxable  value  of  the  property  thereof ; 
provided,  that  for  the  construction  or  purchase  of 
water  works,  gas  or  electric  light  plants,  sanitary  sew- 
erage, or  streets  or  sidewalk  improvements,  an  addi- 
tional indebtedness  not  to  exceed  3  per  centum  of  such 
taxable  value  may  be  created,  so  as  to  be  a  charge  upon 
the  revenues  from  taxation  of  such  city,  town  or  other 
municipal  corporation,  and  that  any  debts  or  liabilities 
in  excess  of  such  3  per  centum  limitation  incurred  by 
such  city,  town  or  other  municipal  corporation  in  the 
construction  or  purchase  of  water  works,  gas  or  electric 
light  plants,  sanitary  sewers  or  street  or  sidewalk  im- 
provements, may  be  made  charges  upon  or  against,  re- 
spectively, such  water  works,  gas  or  electric  light  plants 
and  upon  the  liens  in  favor  of  or  the  liabilities  to  said 
city,  town  or  other  municipal  corporation,  acquired  in 
or  by  reason  of  the  erection  or  construction  of  such 
sanitary  sewers,  or  street  or  sidewalk  improvements; 
provided  further,  that  the  limitations  contained  in  this 
section  shall  not  apply  to  any  indebtedness  in  excess  of 
such  limitations  already  created  or  authorized  by  now 
existing  law  to  be  created. 

The  amendment  offered  bv  Mr.  Walker  was  lost :  Yeas, 
31;  nays,  89. 

YEAS. 

Messrs.  Beavers,  Cobb, 

Browne,  Cofer, 

Bulger,  Coleman  (Greene), 

Byars,  Espy, 

Carnathon,  Fitts, 

Chapman,  Fletcher, 


Constitutional  Convention. 


609 


Foshee, 

Freeman, 

Glover, 

Grayson, 

Kirk, 

Leigh, 

Lowe  (Lawrence), 

Malone, 

Maxwell, 

Moody, 


Gates, 

O'Kear, 

Palmer, 

Phillips, 

Rogers  (Sumter), 

Sanford, 

Smith,  Morgan  M., 

Spragins, 

Walker— 31. 


l^AYS. 


Messrs.  President, 

Asheraft, 

Banks, 

Beddow, 

Beth  line, 

Blackwell, 

Boone, 

Brooks, 

Burnett, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee)., 

Comwell, 

Cunningliam, 

Davis  (Etowa:h), 

Dent, 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Foster, 

Graham  (Montgomery), 

Grnham  (Talladega). 

Haley, 

Harrison, 

Heflin  (Chaml3ers), 

Heflin  (Randolph)., 

39 


Hendarson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge. 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirkland, 

Kniffht, 

Kyle, 

Locklin, 

Lomax, 

Long  (Walker), 

T/Owe  (Jefferson), 

Macdonald, 

Mf:Nrillan  (Wilcox), 

Martin, 

Miller  (Wilcox), 

Mulkey, 

INInrphree, 

NeSmith, 

Gorman, 

"Norwood, 

O'Neal  (Lauderdale), 


610  Journal  of  Alabama         .? 

O'Neill  (Jefferson),  Sen  tell, 

Opp,  Sloan, 

Parker  (Cullman),  Smith  (Mobile)^ 

Parker  (Elmore),  Smith,  Mac.  A.,. 

Pettus,  Sorrell, 

Pillans,  Studdard, 

Pitts,  Thompson, 

Porter,  Waddell, 

Proctor,  Watts, 

Reese,  Weakley, 

Eenfro,  Weatherly, 

Reynolds  (Chilton),  White, 

Reynolds  (Henry),  Williams  (Barbour),. 

Rogers  (Lowndes),  Williams  (Marengo), 

Sanders,  Wilson  (Washington). 

Searcy,  Winn^S9. 

Selheimer, 

PAIRS   ANNOUNCED. 

The  following  pairs  were  announced: 

Messrs.  Miller,  of  Marengo,  and  Barefield;  Craig  audi 
deGralfenried.  Messrs.  Miller,  of  Marengo,  and  Craig 
would  vote  aye,  and  Messrs.  Barefield  and  deGraffenried! 
would  vote  nay. 

REGESS-. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Taxation,  the  hour  of  1  o'clock  ar- 
rived, and  under  the  rules,  the  Convention  recessed  un- 
til 3  :30  this  afternoon. 


AFTERNOON  SESSION. 

The  Convention  met  pui'suant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constitute  ai 
quorum : 


Constitutional  Convention. 


611 


Messrs.  President, 

Gilmore, 

Ashcraft, 

Glover, 

Banks, 

Graham  (Montgomery), 

Barefield, 

Graham  (Talladega), 

Bartlett, 

Grant, 

Beaver, 

Grayson, 

Beddow, 

Haley, 

Bethune, 

Harrison, 

Blackwell, 

Heflin  (Chambers), 

Boone, 

Hetlin  (Randolph), 

Brooks, 

Hinson, 

Browne, 

Hodges, 

Bulger, 

Hood, 

Burnett, 

Howell, 

Burns, 

Howze, 

Byai's, 

Inge,                          ' 

Cardon, 

Jai'kscn, 

Carmichael  (Colbert), 

Jenkins, 

Cavraichael  (Coffee), 

Jones  (Bibb), 

Carnathon, 

Jones  (Hale), 

Case,                                 • 

Jones  (Montgomery), 

Chapman, 

Jones  (Wilcox), 

Cobb, 

Kirk, 

Cofer, 

Kirkland, 

Coleman  (Greene), 

Knight, 

Coleman  (Walker), 

Kyle, 

Cornwell, 

Leigh, 

Craig, 

Locklin, 

Cunningham, 

Lomax, 

Davis  (DeKalb), 

Long  (Butler), 

Davis  (Etowah), 

Long  (Walker), 

Dent, 

Lowe  (Jefferson), 

Eley, 

Lowe  (Lawrence), 

Eyster, 

Macdonald, 

Espy, 

McMillan  (Baldwin), 

Ferguson, 

McMillan  (Wilcox), 

Pitts, 

Malone, 

Fletcher, 

Martin, 

Foshee, 

Maxwell, 

■Foster, 

Merrill, 

Freeman, 

Miller  (Wilcox), 

612 


Journal  of  Alarama 


Moody, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Renfro, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 


Sanford, 

Searcy, 

Sellieimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Thompson, 

Yaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  (Washington), 

Winn— 132. 


UNFINISHED    BUSINESS. 


The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Taxation, 

The  question  was  upon  the  adoption  of  the  substitute 
offered  by  Mr.  Weakley  for  Section  10. 

By  unanimous  consent  the  substitute  was  amended 
as  follows: 

Amend  by  adding  after  the  word  "improvement:" 
Pro^aded  that  the  proceeds  of  all  obligations  issued  as 
herein  provided  in  excess  of  said  7  per  centum  shall  not 
be  used  for  any  purpose  other  than  that  for  which  said 
obligations  were  issued. 


Constitutional  Convention.  613 

Insert  after  the  words  "may  be  created,"  where  they 
first  appear  in  substitute:  Provided  this  limitation 
shall  not  apply  to  any  debt  now  authorized  by  law  to 
be  created. 

Amendment  to  substitute  offered  by  Mr.  Weakley: 

After  the  word  "Gadsden"  insert  the  words  "and  Ens- 
ley." 

Amend  Section  10  by  adding  after  the  word  "Ensley'^ 
the  words  "the  town  of  Andalusia." 

The  substitute,  as  amended,  was  read  at  length  as 
follows : 

Sec.  10.  No  city,  town  or  other  municipal  corpora- 
tion shall  become  indebted  in  an  amount,  including 
present  indebtedness,  exceeding  5  per  centum  of  the  as- 
sessed value  of  the  property  thereof,  except  for  the  con- 
struction or  purchase  of  water  works,  gas,  or  electric 
light  plants,  and  sewerage,  or  for  the  improvement  of 
streets  for  which  purpose  an  additional  indebtedness, 
not  exceeding  3  per  cent,  may  be  created;  provided,  this 
limitation  shall  not  apply  to  any  debt  now  authorized 
by  law  to  be  created;  and  excepting  also  tem- 
porary loans  to  be  paid  within  ,  one  year,  made 
in  anticipation  of  the  collection  of  taxes,  not  to  exceed 
one-fourth  of  the  general  revenues  of  such  cities  and 
towns;  provided,  however,  that  this  limitation  shall 
not  apply  to  towns  and  cities  having  a  population  of 
six  thousand  or  more,  or  to  the  city  of  Gadsden  and 
Ensley,  the  town  of  Andalusia,  and  the  cities 
of  Decatur  and  New  Decatur,  which  last  d^ 
scribed  cities  and  towns  shall  not  become  in- 
debted in  an  amount,  including  present  indebted- 
ness, exceeding  7  per  centum  of  the  assessed  valuation 
of  the  property  thereof,  and  provided  further,  that  there 
shall  not  be  included  in  the  limitations  of  the  indebted- 
ness of  such  last  described  cities  and  towns  the  follow- 
ing classes  of  indebtedness,  to-wit :  Temporary  loans, 
to  be  paid  within  one  year,  made  in  anticipation  of 
the  collection  of  taxes,  and  to  not  exceed  one-fourth  of 
such  taxes;  bonds  or  other  obligations  already  issued 
or  which  may  hereafter  be  issued  for  the  purpose  of  ac- 


614 


Journal  of  Alabama 


quiring,  providing  or  constructing  scliool  houses,  water 
works  and  sewers,  and  obligations  incurred  and  bonds 
issued  for  street  or  sidewalk  improvement,  where  the 
cost  of  the  same,  in  whole  or  in  part,  is  to  be  assessed 
against  the  property  abutting  said  improvement;  pro- 
vided, that  the  proceeds  of  all  obligations  issued  as 
herein  provided  in  excess  of  said  7  per  centum  shall  not 
be  used  for  any  purpose  other  than  that  for  which  said 
obligations  were  issued. 

Nothing  herein  contained  shall  prevent  the  funding 


or  refunding  of  existing  indebtedness. 

The  amendment  was  thereupon  adopted 
navs,  38. 


Yeas, 


i  ^ 


YEAS. 


Messrs.  President, 

Ashcraft, 

Banks, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Cornwell, 

Cunningham, 

Davis  (Etowah), 

Dent, 

Eley, 

Evster, 

Ferguson, 

Fletcher, 

Foster, 

Freeman, 

Graham  (Montgomery). 

Graham  ( Talladega ) . 


Grayson, 

Haley, 

Heflin  (Chambers), 

Hood, 

Howell, 

Howze, 

Inge, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery) 

Jones  (Wilcox), 

Kirkland, 

Knight, 

Kyle, 

Locklin, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (LaAvrence), 

McMillan  (Wilcox), 

Martin, 

Merrill, 

^Miller  (Wilcox), 

Norman, 


Constitutional  Convention. 


615 


Norwood, 

O'Neal  (Lauderdale), 

O'Neill  (Jefiferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Eogers  (Lowndes), 


Sanders, 

Selheimer, 

Smith  (Mobile), 

Smith,  Mac,  A., 

Thompson, 

Waddell, 

Watts, 

Weakley, 

Weatherly, 

White, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

^A^i  1  son  ( Wash ington ) 


-77. 


nays. 


Messrs.    Browne, 

Burnett, 

Byars, 

Carnathon, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Fitts, 

Foshee, 

Handlej, 

Harrison, 

Hodges, 

Jackson, 

Kirk, 

Leigh, 

Lowp  (Lawrence), 

Mncdonald, 

Mai  one. 


Maxwell, 

Moody, 

!\Iurphree, 

Gates, 

Phillips, 

Reese, 

Renfro, 

Reynolds  (Henry), 

Rogers  (Sumter), 

Sanford, 

Searcy, 

Sentell, 

Sloan, 

Smith,  Morgan  M., 

Sorrell, 

Spragins, 

Stewart, 

Walker, 

Winn— 38. 


pairs   ANXOT'NCET), 


The  following  pairs  were  announced: 
^Messrs.   Rarefield  and   Miller,   of  Marengo;   Mulkey 
and  (xlover.     Messrs.  Barefield  and  Mulkev  would  vote 


616  Journal  of  Alabama  • 

aye,  and  Messrs.  Miller,  of  Marengo,  and  Glover  would 
vote  nay. 

Mr.  Browne  moved  to  table  Section  10. 

The  motion  was  lost. 

The  question  recurred  upon  the  adoption  of  Section 
10. 

Secton  10  was  thereupon  adopted. 

Mr.  Browne  ottered  the  following  amendment  to  the 
Article  XI,  reported  by  the  Committee  on  Taxation, 
said  amendment  to  constitute  a  new  section : 

Amendment  to  Article  XI. 

Add  an  additional  section  and  number  the  same  Sec- 
tion 5,  as  follows: 

Sec.  5.  No  county  in  this  State  shall  be  authorized 
to  levy  a  larger  rate  of  taxation  in  an}'  one  3'ear  on  the 
value  of  the  taxable  propertj-  therein  than  one-half  of 
one  per  centum;  provided,  that  to  pay  debts  existing 
at  the  ratification  of  the  Constitution  of  1875  an  addi- 
tional rate  of  one-fourth  of  one  per  centum  may  be 
levied  and  collected,  which  shall  be  exclusively  appro- 
priated to  the  payment  of  such  debts  or  the  interest 
thereon;  provided,  further,  that  to  pay  any  debt  or  lia- 
bility now  existing  against  any  count}',  incurred  for  the 
erection,  construction  and  maintenance  of  the  necessary 
public  buildings  or  bridges,  or  that  may  hereafter  be 
created  for  the  erection  and  maintenance  of  necessary 
public  buildings,  bridges  or  roads,  any  county  may  levy 
and  collect  such  special  taxes,  not  to  exceed  a  rate  of 
one-fourth  of  one  per  centum,  as  may  have  been  or  may 
hereafter  be  authorized  by  law,  which  taxes  so  levied 
and  collected  shall  be  applied  exclusively  to  the  purpose 
for  which  the  same  were  so  levied  and  collected ;  pro- 
vided further,  that  for  additional  aid  to  the  public 
schools  any  county  may  levy  and  collect  such  special 
tax  as  may  be  authorized  by  law,  provided  such  tax,  the 
time  it  is  to  continue,  and  the  purpose  thereof,  shall 
have  been  first  submitted  to  a  vote  of  the  qualified  elec- 
tors of  the  county  and  voted  for  by  a  three-fifths  ma- 
jority thereof  voting  at  such  election ;  but  the  rate  of 
such  special  tax  shall  not  increase  the  rate  of  taxation 
in  any  one  year  to  more  than  |1.25  on  every  |100  worth 


Constitutional  Convention.  617 

of  taxable  property,  for  all  State  and  coiint}^  purposes, 
excluding  special  taxes  for  necessary  public  buildings, 
roads,  bridges  and  payment  of  debts  existing  at  the  rati- 
fication of  the  Constitution  of  1875;  and  provided  fur- 
ther, that  such  tax  for  schools  shall  be  apportioned 
equitably  and  paid  through  the  proper  school  officials 
to  the  public  schools  for  white  and  those  for  colored 
pupils  resepctively,  by  the  Court  of  County  Commis- 
sioners or  Board  of  Revenue,  and  that  the  amount  ap- 
portioned to  white  schools  shall  be  paid  to  each  in  pro- 
portion the  number  of  pupils  thferein  bears  to  the  total 
number  in  all  such  white  schools,  and  the  amount  ap- 
portioned to  colored  schools  shall  be  paid  to  them  in 
like  manner. 

Mr.  Ashcraft  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Browne : 

Amend  Section  5  of  Ar-ticle  XI,  as  proposed  by  the 
amendment  by  striking  out  the  last  provision  in  said 
section  beginning  in  the  twelfth  line  thereof;  and  in- 
serting in  lieu  of  said  provision  the  following : 

6.  It  shall  be  the  duty  of  the  County  Superintendent 
of  Education  in  each  county,  by  aud  with  the  advice  and 
consent  of  the  Court  of  County  Commissioners,  or  body 
of  like  jurisdiction,  to  organize  the  white  people  of  the 
county  into  white  school  districts,  and  the  colored  peo- 
ple of  the  county  into  colored  school  districts,  accord- 
ing to  their  respective  needs  and  advantages,  without 
reference  to  each  other  as  to  territorial  boundaries. 

7.  A  trustee  or  trustees  or  Board  of  Education,  as 
may  be  provided  by  law,  shall  l)e  selected  for  white 
school  districts  from  the  white  residents  of  such  dis- 
trict, and  for  the  colored  school  districts  from  the  col- 
ored residents  of  such  district;  provided,  no  incorpor- 
ated town  or  city  maintaining  a  system  of  public  schools 
as  provided  by  law,  shall  be  separated  into  districts 
without  the  consent  of  the  Mayor,  and  Board  of  Alder- 
men of  such  town  or  city. 

8.  For  the  purpose  of  building,  enlarging,  improving 
or  furnishing  schools  houses  in  any  district  or  for  the 
purpose  of  supplementing  the  general  school  funds  from: 
Federal,   State,   county,   municipal   and   other  sources,. 


618  Journal  of  Alabama 

the  Court  of  County  Commissioners,  or  bod}^  of  like 
jurisdiction,  shall,  as  hereinafter  provided,  lev^'  a  spe- 
cial assessment  of  not  more  than  one-tenth  of  one  per 
centum  in  any  one  year,  upon  the  property  of  white  per- 
sons situated  in  one  white  district,  or  upon  the  property 
of  colored  persons  situated  in  a  colored  district;  pro- 
vided, no  such  levy  shall  be  made  except  upon  the  re- 
quest of  the  qualified  voters  residing  in  the  district  ex- 
pressed at  an  election  held  for  that  purpose,  at  which 
election  two-thirds  of  those  voting  must  favor  the  special 
levy.  At  such  election  in  a  white  school  district  only 
qualified  white  electors  shall  be  permitted  to  vote,  and 
in  the  colored  school  districts  only  qualified  colored 
electors  shall  be  permitted  to  vote.  It  shall  be  the  duty 
of  the  Probate  Judge  to  order  such  an  election  in  any 
district  upon  the  petition  of  not  less  than  one-fourth  of 
the  voters,  who  will  be  entitled  to  vote  at  such  election. 
The  order  for  such  an  election  shall  state  the  purposes 
for  which  it  is  proposed  to  make  the  assessment,  the 
rate  of  the  proposed  assessment,  and  the  number  of 
years  during  which  such  assessment  is  proposed  to  be 
made.  Notice  of  such  election  shall  be  given  and  the 
election  held  in  such  manner  as  may  be  provided  by  law 
for  such  special  elections.  No  proposition  shall  be 
made  at  any  such  elections  to  levy  such  special  assess- 
ments during  a  period  of  more  than  four  years. 

9.  When  any  property  belonging  to  a  corporation  is 
situated  in  a  white  school  district  where  a  special  as- 
sessment is  to  be  nmde  as  herein  provided,  such  assess- 
ment shall  be  levied  upon  such  proportion  of  the  value 
of  such  property  as  the  number  of  white  children  of 
school  age  in  the  county  bears  to  the  whole  number  of 
children  of  school  age  in  the  county.  When  such  prop- 
erty is  situated  in  a  colored  school  district  where  such 
assessment  is  to  be  made,  it  shall  be  levied  upon  such 
proportion  of  the  value  thereof  as  the  number  of  colored 
children  of  school  age  in  the  county  bears  to  the  whole 
number  of  children  of  school  age  in  the  county. 

10.  The  foregoing  sections  of  this  article  numbered 
<),  7,  8  and  9  are  intended  and  are  herel)y  declared  to  con- 


Constitutional  Convention.  619 

sti'tute  an  indivisible  plan  for  permitting  local  special 
assessments  in  aid  of  public  schools  maintained  by  the 
State. 

Mr.  Rogers,  of  Sumter,  moved  to  lay  the  amendment 
and  the  amendment  to  the  amendment  on  the  table  and 
that  300  copies  be  ordered  fjrinted,  and  that  the  conside- 
ration of  said  amendments  be  taken  up  at  tlie  pleasure 
of  the  Convention. 

The  motion  prevailed,  and  the  amendments  were  laid 
on  the  table  and  300  copies  of  each  were  ordered 
printed, 

Mr.  Browne  moved  to  take  Section  7  of  the  Article 
XI,  reported  by  the  Committee  on  Taxation  from  the 
table. 

The  motion  was  lost. 

Mr.  Cornwell  offered  the  following  amendment  to  the 
Article  XI,  reported  by  the  Committee  on  Taxation : 

That  all  counties,  cities,  towns  or  other  municipal  cor- 
porations shall  create  a  sinking  fund  on  issuing  of  any 
bonds  for  their  redemption  b}^  raising  annually  a  sum 
whicli  will  produce  an  amount  equal  to  the  sum  of  the 
principal  and  interest  of  said  bonds  at  their  maturity. 

Provided,  that  this  section  shall  apply  to  the  issu- 
ance of  bonds  for  the  purpose  of  refunding  the  present 
existing  bonded  indebtedness  of  counties,  cities,  towns 
or  other  municipal  corporations. 

Mr.  Corn\\'ell  moved  that  the  amendment  above  set 
out,  be  Laid  upon  the  table,  and  that  300  copies  be 
ordered  printed,  and  the  consideration  of  the  said 
amendment  be  postponed  until  the  amendments  hereto- 
fore orderwl  printed  l)e  taken  up. 

The  motion  prevailed,  and  tlie  amendment  was  laid 
on  the  table,  and  300  copies  ordered  printed. 

]Mr.  ]Macdonald  offered  tlie  following  amendment  to 
the  Article  XI  reported  by  the  Committee  on  Taxation : 

Amend  article  reported  by  the  Committee  on  Taxation 
by  adding  the  following  as  an  addition  section  No.  11 : 

No  city,  town  or  other  municipality  shall  make  any 
assessment  for  the  cost  of  sidewalk  or  street  paving,  or 
for  the  cost  of  the  construction  of  any  sewers,  against 
property  abutting  on  such  street  or  sidewalk  so  paved, 


620  Journal  of  Alabama 

or  drained  by  such  sewers,  in  excess  of  the  actual  in- 
creased value  of  such  property  by  reason  of  such  side- 
walk or  street  paving,  or  by  the  constructon  of  such 
sewers ;  and  the  burden  of  proving  such  increased  value 
of  said  property  shall  be  on  the  city,  town  or  other  muni- 
cipality in  all  proceedings  brought  to  enforce  the  col- 
lection of  such  assessments ;  and  such  assessments  shall 
in  no  case  exceed  5  j)er  cent,  of  the  assessed  value  of  said 
proj^erty. 

Mr,  AVeakley  moved  to  table  the  amendment  offered 
by  Mr.  Macdonald. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

Mr.  Macdonald  moved  that  300  copies  of  the  above 
and  foregoing  amendment  be  printed,  and  that  the  said 
amendment  be  taken  from  the  table  and  considered  with 
the  report  of  the  Committee  on  Municipal  Corporations, 

SPECIAL  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the 
next  special  order,  which  was  the  report  of  the  Commit- 
tee on  Preamble  and  Declaration  of  rights. 

The  report  was  read  at  length. 

On  motion  the  report  was  ordered  considered  section 
by  section. 

PREAMBLE. 

We,  the  people  of  the  State  of  Alabama,  in  Conven- 
tion assembled,  in  order  to  establish  justice,  ensure  do- 
mestic tranquility  and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity  invoking  the  favor  and 
guidance  of  Almighty  Cod — do  ordain  and  establish  the- 
following  Constitution  and  form  of  government  for  the- 
State  of  Alabanm  : 

Mr.  Lomax  moved  to  strike  out  the  word  "in  Conven- 
tion assembled"  in  the  first  line  of  the.  Preamble. 

The  motion  prevailed  and  the  Preamble  was,  on  mo- 
tion of  ]Mr.  Lomax,  adopted.  The  Preamble,  as  amended,, 
reads  as  follows: 


Constitutional  Convention.  621 

We,  the  people  of  Alabama,  in  order  to  establish  jus- 
tice, ensure  domestic  tranquility  and  secure  the  bless- 
ing's of  liberty  to  ourselves  and  our  posterity  invoking 
the  favor  and  guidance  of  Almighty  Grod — do  ordain 
and  establish  the  following  Constitution  and  form  of 
government  for  the  State  of  Alabama : 

ARTICLE  — . 

section  one. 
declaration  of  rights. 

That  the  great,  general  and  essential  principles  of 
liberty  and  free  government  may  be  recognized  and  es- 
tablished, we  declare: 

1.  That  all  men  are  equally  free  and  independ- 
ent; that  they  are  endowed  by  their  Creator  with  cer- 
tan  inalienable  rights;  that  among  these  are  life,  lib- 
erty and  the  pursuit  of  happiness. 

Was  read  at  length. 

On  motion  of  Mr.  Loinax  Section  1  was  adopted. 

SECTION  TWO. 

2.  That  all  persons  resident  in  this  State,  born  in 
the  United  States  or  naturalized,  or  who  have  legally 
•declared  their  intention  to  become  citizens  of  the  United 
States,  are  hereby  declared  citizens  of  the  State  of  Ala- 
bama, possessing  equal  civil  and  political  rights. 

Was  read  at  length. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 2 : 

Amend  Section  2  by  striking  out  the  words  "or  who 
shall  have  legally  declared  their  intention  to  become 
citizens  of  the  United  States. 

Mr.  Coleman  of  Greene  moved  to  table  Section  2,  and 
the  pending  amendment. 

The  motion  was  lost. 

Mr.  Pettus  offered  the  following  amendment  to  the 
amendment  offered  bv  Mr.  Sanford : 


6.2.2  Journal  op  Alabama 

A^ueiid  by  striking  out  the  words  "and  political"  in 
line  thi^ee  of  Section  2  of  Article  1. 

PRIVILEGES  OF  THE  FLOOR. 

On  motion  of  Air.  Burns,  the  privileges  of  the  floor 
were  extended  to  Hon.  F.  S.  Sc-ott,  a  member  of  the  Con- 
stitutional Convention  of  1875. 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Preamble  and  Declaration  of  Rights, 
the  hour  of  0  p.  m.  having  arrived  the  Convention,  under 
the  rules,  adjourned  until  9  :30  a.  m.  to-morrow. 


THIRTY-EIGHTH  DAY. 

Convention  Hall. 

Montgomery,  Ala,,  Saturday,  July  6,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Dr.  Patterson  of  the  city. 

roll  call. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered,  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

I^oone, 

Ashcraft, 

Brooks, 

Banks, 

jBrowne, 

Barefield, 

Bulger, 

Bartlett, 

Burnett, 

Beddow, 

Burns, 

iBethune, 

Byars, 

Blackwell, 

Cardon, 

Constitutional  Convention. 


62a 


Carnathon, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Cunningham, 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grayson, 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 


Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox^ 

Moody, 

Mulkey, 

Murphree, 

XcSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Renfro, 

Reynolds  (Chilton),. 

Reynolds  (Henry), 

Rogers  (Lowndes), 

Rogers  (Sumter), 


624  Journal  of  Alabama 

Samford,  Tavloe, 

Sanders,  Thompson, 

Sanford,  Waddell, 

Searcy,  Walker, 

Selheimer,  Watts, 

Sentell,  Weakley, 

Sloan,  Weatherly, 

Smith  (Mobile),  White, 

;Smith,  Mac.  A.,                      \Villett, 

Smith,  Morgan  M..  Williams  (Barbour), 

Sorrell,  Williams  (Marengo) 

Spears,  Wilson  (Clarke), 

Spragins,  Wilson  (Washington). 

Stewart,  Winn — 127. 

Studdard, 

LEAVE  OF  ABSENCE 

Was  granted  to  Mr.  Searcy  for  to-day;  Mr.  Carmich- 
ael,  of  Coffee,  for  to-day ;  Mr.  Studdard  for  Monday  and 
Tuesday  on  account  of  sickness ;  Messrs.  Opp,  Waddell, 
Stewart  and  Cofer  for  Monday ;  Norwood  for  to-day. 

REPORT  OF  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  thirty- 
seventh  day  of  the  Convention,  and  that  the  same  is  cor- 
rect. 

Respectfully  submitted, 

John  F.  Proctor,,  Chairman. 

The  report  of  the  Committee  was  concurred  in. 

resolutions. 

Mr.  Waddell  offered  the  following  resolution.     The 
rules  were  suspended,  and  the  resolution  was  adopted : 
Eesolution  225,  by  Mr.  Waddell : 


Constitutional  Convention.  625 

Resolved,  That  this  Convention  remain  in  session  un- 
til 2  o'clock  -p.  m,  to-day  and  that  that  time  it  stand  ad- 
journed nntil  Monday  next. 

The  following  resolntions  were  ottered,  severally  read 
one  time  at  length,  and  referred  to  appropriate  com- 
mittees as  follows: 

Resolution  226,  by  Mr.  O'Neal,  of  Lauderdale: 

Whereas,  This  Convention  has  shown  its  ability  to 
limit  the  debate,  taxes  and  municipal  indebtedness,  but 
seems  utterly  powerless  to  limit  the  heat,  and 

Whereas,  There  seems  to  be  a  strong  limitation  upon 
the  prospects  of  this  Convention  reaching  the  snowy 
summits  of  Monte  Sano,  and 

Whereas,  We  must  remain  for  a  time  beyond  which 
the  memory  of  man  runneth  not  to  the  contrary,  in  this 
hot  but  classic  hall,  therefore  be  it 

Resolved,  That  the  Sergeant-at-arms  be  instructed  to 
place  two  additional  fans  in  this  hall. 

The  resolution  was  referred  to  the  Committee  on 
Schedules,  Printing  and  Incidental  Expenses. 

Resolution  227,  by  Mr.  Sentell : 

Resolved,  That  the  rules  of  this  Convention,  as  em- 
bodied in  resolution  184,  be  amended  so  as  to  read  as 
follows : 

That  from  and  after  the  passage  of  this  resolution  no 
per  diem  will  be  allowed  delegates  of  this  Convention 
who  are  absent  except  those  granted  leave  of  absence 
on  account  of  sickness  of  themselves  or  members  of  their 
families,  or  other  good  cause. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  228,  by  Mr.  White : 

Resolved,  That  the  President  of  this  Convention  ap- 
point a.  committee  of  five,  whose  duty  it  shall  be  to  see 
that  all  articles  adopted  by  this  Convention  are  prop- 
erly engrossed.  Said  committee  to  be  known  as  the 
Committee  on  Engrossment. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  229,  by  Mr.  White: 

40 


626  Journal  of  Alabama 

liesolved,  That  when  any  article  lias  been  adopted,  300 
copies  thereof  shall  be  printed  for  the  use  of  the  mem- 
bers of  this  Couvention. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  230,  bj  Mr.  Harrison : 

Resolved,  That  the  secretary  of  this  Convention  be 
and  is  hereby  instructed  to  deposit  a  copy  of  the  steno- 
iiraphic  report  of  the  Convention  in  the  libraries  of  the 
f()ll()\vin_i>'  institutions  in  this  State,  to-wit:  One  at  the 
University  of  Alabama,  one  at  the  Alabama  Polytech- 
nic Institute,  one  at  the  Southern  Universit}^,  one  at 
HoAvard  College,  one  at  Sprini>-  Hill  Colle<;;e,  and  one 
at  the  Normal  Collej^e  at  Florence. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Ordinance  412,  by  Mr.  Merrill : 

An  ordinance  relating  to  the  bonded  indebtedness  of 
the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Amending  the  Constitution  and  Miscellaneous  l*rovis- 
ions. 

REPORT   OF   STANDING   COMMITTEES. 

]Mr.  Ilowze,  chairman  of  the  Committee  on  Exemj)- 
tions,  submitted  the  following  rei)ort,  which  was  laid 
upon  the  table,  and  300  copies  ordered  printed: 

REPORT  OF  THE  COMMITTEE  ON   EXEMPITONS. 

Mr.  President: 

1  am  instructed  by  tlie  Ccmimittee  on  Exem[)tions  to 
make  the  following  report : 


Constitutional  Convention.  627 

Tlie  coinmittee  eoiisidere'd  carefully  all  ordinances  and 
resol  111  ions  snl)nntted  to  it,  several  of  which  contained 
valuable  su<;<^estions,  but  the  committee  has  deemed  it 
best  not  to  make  any  change  in  the  Article  on  Exemp- 
tions in  the  present  Constitution,  and  direct  me  to  re- 
port said  article  to  Ix^  incorporated  in  the  new  Consti- 
tution. 

All  ordinances  and  resolutions  referred  to  the  com- 
mittee are  herewith  returned. 

A,  C.  HowzE^  CliainiKni. 

ARTICLE  — 

EXEMPTED  PROPERTY. 

Section  1.  The  personal  property  of  any  resident  of 
this  State  to  the  value  of  |1,00(I,  to  be  selected  by  such 
resident,  shall  be  exempted  from  sale  on  execution,  or 
other  process  of  any  court,  issued  for  the  collection  of 
any  debt  contracted  since  the  thirteenth  day  of  July, 
1868,  or  after  the  ratification  of  this  Constitution. 

Sec.  2.  Every  homestead,  not  exceeding  80  acres,  and 
the  dwelling  and  appurtenances  thereon,  to  be  selected 
by  the  owner  thereof,  and  not  in  any  city,  town  or  vil- 
lage, or  in  lieu  thereof,  at  the  option  of  the  owner,  any 
lot  in  a  city,  town  or  village,  A\'ith  the  dwelling  and  ap- 
purtenances thereon  owned  and  occupied  by  any  resi- 
dent of  this  State,  and  not  exceeding  the  value  of  |2,000, 
shall  be  exempt  from  sale  on  execution  or  any  other  pro- 
cess from  a  court,  for  any  debt  contracted  since  the 
thirteenth  day  of  July,  1868,  or  after  the  ratification  of 
this  Constitution.  Such  exemption,  however,  shall  not 
extend  to  any  mortgage  lawfully  obtained,  but  such 
mortgage,  or  other  alienation  of  said  homestead  by  the 
owner  thereof,  if  a  married  man,  shall  not  be  valid  with- 
out the  voluntary  signature  and  assent  of  the  wife  to 
the  same. 

Sec.  3.  The  homestead  of  a  family,  after  the  death  of 
the  owner  thereof,  shall  be  exempt  from  the  payment 
of  any  delit  contracted  since  the  thirteenth  day  of  July, 


628  Journal  of  Alabama 

1808,  or  after  the  ratification  of  this  Convstitutiou,  iu 
all  cases,  'during-  the  minority  of  the  children. 

Sec.  4.  The  provisions  of  Sections  1  and  2  of  this 
article  shall  not  be  so  construed  as  to  prevent  a  labor- 
ers' lien  for  Avork  done  and  performed  for  the  person 
claiming  such  exemption,  or  a  mechanic's  lien  for  work 
done  on  the  premises. 

Sec.  5.  If  the  owner  of  a  homestead  die,  leaving  a 
widow,  but  no  children,  such  homestead  shall  }»e  ex- 
empt, and  the  rents  and  profits  thereof  shall  inure  to 
her  benefit. 

Sec.  6.  The  real  or  personal  property  of  any  female 
in  this  State,  acquired  before  marriage,  and  all  prop- 
erty, real  or  personal,  to  which  she  may  after\\ards  be 
entitled  by  gift,  grant,  inheritance  or  devise,  shall  be 
and  renuiin  the  separate  est  ite  and  property  of  such 
female,  and  shall  not  be  liable  for  any  del)ts,  obligations 
and  engagements  of  her  husband,  and  may  be  devised 
or  bequeathed  b^^  her,  the  same  as  if  she  was  a  feme 
sole. 

Sec.  7.  The  right  of  exemption  hereinbefore  secured, 
may  be  waived  by  an  instrument  iu  writing,  and  when 
such  waiver  relates  to  realty,  the  instrument  must  be 
signed  by  both  the  husband  and  the  wife,  and  attested 
by  one  witness. 

UNFINISHED    BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  CoiU' 
mittee  on  Preamble  and  Declaration  of  Rights. 

The  question  was  upon  the  amendment  offered  by  Mr. 
Pettus  to  the  amendment  offered  by  ^fr.  Sanford  to  Sec- 
tion 2  of  tlie  re]iort  of  the  Committee  on  Preamble  and 
Declaration  of  Rights. 

]\rr.  Lomax  moved  that  Section  2  and  the  pending 
amendments  be  laid  upon  the  table. 

The  motion  prevailed,  and  Section  2  and  the  pending 
amendments  were  laid  ujx)u  the  table. 


Constitutional  Convention.  629 

section  three. 

3.  That  all  political  power  ivs  inherent  in  the  people, 
and  all  free  governments  are  founded  on  their  authority^ 
and  instituted  for  their  benefit;  and  that,  therefore, 
they  have  at  all  times  an  inalienable  and  indefeasible 
right  to  change  their  form  of  government  in  such  man- 
ner as  they  may  deem  expedient. 

A\\is  read  at  length,  and  on  motion  of  Mr.  Lomax,  was 
adopted. 

section  four. 

4.  That  no  religion  shall  be  established  by  law;  that 
no  preference  shall  be  given  by  law  to  any  religious  sect, 
society,  denomination  or  mode  of  worship;  that  no  one 
shall  be  compelled  by  law  to  attend  any  place  of  wor- 
ship ;  nor  pay  any  tithes,  taxes  or  other  rate  for  the 
building  or  repairing  any  place  of  worship,  or  for  main- 
taining any  minister  or  ministry;  that  no  religious  test 
shall  be  required  as  a  qualification  to  any  office  or  pub- 
lic trust  under  this  State;  and  that  the  civil  rights, 
privileges  and  capacities  of  any  citizen  shall  not  be  in 
any  manner  affected  by  his  religious  principles. 

AV^is  read  at  length,  and  on  motion  of  Mr.  Lomax, 
was  adopted. 

SECTION  FIVE. 

5.  No  law  shall  ever  be  passed  to  curtail  or  restrain 
the  liberty  of  speech  or  of  the  press;  and  any  person 
may  speak,  write  and  publish  his  sentiments  on  all  sub- 
jects, being  responsil)le  for  the  abuse  of  that  liberty. 

iNIr.  Lonmx  asked  unanimous  consent  to  amend  Sec- 
tion 5  by  adding  the  word  "that"  at  the  beginning  of  the 
section. 

Consent  was  graiited,  and  Section  5  was  amended  as 
follows  : 

5.  That  no  law  shall  ever  be  passed  to  curtail  or  re- 
strain the  liberty  of  speech  or  of  the  press;  and  any 
person  mnj  speak,  write  and  pu])lish  his  sentiments  on 


630  Journal  of  Alabama 

all  subjects,  being  responsible  for  the  abuse  of  that  lib- 
erty. 

Mr.  Lomax  moved  that  Section  5,  as  amended,  be 
adopted. 

The  motion  prevailed,  and  Section  5,  as  amended,  was 
adopted. 

SECTION   SIX. 

G.  That  the  people  shall  be  secure  in  their  persons, 
houses,  papers  and  possessions  from  unreasonable  seiz- 
ure or  searches,  and  that  no  warrants  shall  issue  to 
search  any  place  or  to  seize  any  person  or  thing  Tsathout 
probable  cause,  supported  by  oath  or  affirmation. 

^Vas  read  at  length,  and  on  motion  of  Mr.  Lomax,  was 
adopted. 

SECTION  SEVEN. 

7.  That  in  all  criminal  prosecutions,  the  accused  has 
a  right  to  be  heard  by  himself  and  counsel  or  either;  to 
demand  the  nature  and  cause  of  the  accusation ;  to  have 
a  cop3^  thereof;  to  be  cronf routed  by  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor ;  to  testify  in  all  cases,  in  his  own 
behalf,  if  he  elects  so  to  do ;  and,  in  all  prosecutions  by 
indictment,  a  speedy,  public  trial,  by  an  impartial  jury 
of  the  county  or  district  in  which  the  offense  was  com- 
mitted ;  and  that  he  shall  not  be  compelled  to  give  evi- 
dence against  himself,  nor  be  deprived  of  life,  liberty 
or  property  but  b}'  due  process  of  law ;  but  the  General 
Assembly  may,  by  a  general  law,  provide  for  a  change 
of  venue  for  the  defendant  in  all  prosecutions  by  indict- 
ment, and  that  such  change  of  venue  on  application  of 
the  defendant,  may  be  heard  and  determined  without  the 
personal  presence  of  the  defendant  so  applying  there- 
for. 

Was  read  at  length. 

The  following  minority  report  was  read  at  length, 
and  the  same  was  considered  as  an  amendment  to  Sec- 


Constitutional  Convention,  631, 

tion  7  of  the  report  of  the  Committee  on  Preamble  and 
Declaration  of  llii'hts: 

"Tlie  undersij'ned,  mend)ei'  of  the  Committee  on  Pre- 
amble and  Declaration  of  IJiglits,  concurs  in  the  major- 
ity of  said  rejiort  save  as  to  portions  of  Section  7,  and 
he  olfers  as  an  amendment  to  portions  of  Section  7  the 
following : 

And  in  all  prosecntions  by  indictment  the  place  in 
the  county  or  district  in  which  the  crime  was  committed 
shall  be  stated  with  reasonable  certainty  as  to  enable 
the  defendant  to  know  the  particular  place  where  the 
criminal  act  is  allej>ed  to  haA'e  been  committed." 

Ivespectfully  submitted, 

J.  H.  Barefield. 

jMr.  Barefield  offered  the  following  amendment  to  the 
amendment  (which  was  the  minority  report)  : 

Amend  minority  report  of  Section  7 :  Insert  after  in- 
dictnu^nt  the  words  "time  and.'' 

jMr.  Beese  moved  to  lay  the  minority  report  and  the 
amendment  thereto  upon  the  table. 

The  motion  prevailed,  and  the  minority  report  and 
amendment  was  laid  upon  the  table. 

Mr.  Beese  offered  the  following  amendment  to  Sec- 
tion 7 : 

Amend  Section  7  by  inserting  after  the  word,  "com- 
mitted," in  the  sixth  line,  the  following:  But  in  prose- 
cutions for  rape,  adultery,  fornication,  sodomy  or  the 
crime  against  nature,  the  court  may,  in  its  discression, 
exclude  from  the  court  room  all  persons  except  such  as 
are  necessary  in  the  conduct  of  the  trial. 

Mr.  Espy  moved  to  table  the  amendment  offered  by 
Mr.  Beese. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

Mr.  Coleman,  of  Greene,  offered  the  following  amend- 
ment to  Section  7 : 

Amend  Section  7  by  adding  thereto  the  following 
words:  "Provided  that  at  the  time  of  the  application 
for  the  change  of  venue  the  defendant  is  imprisoned  in 
jail  or  some  legal  place  of  confinement. 


6S2  Journal  of  Alabama 

By  unanimous  consent  the  amendment  was  adopted. 

Mr.  A\'addell  otfe^i'ed  the  followini^-  amendment  to 
Section  7 : 

To  amend  Section  7  by  adding  in  the  tifth  line,  after 
the  Avord  "do"  the  following  words :  And  the  wife  or  the 
husband  may  be  allowed  to  testify  for  or  against  each 
other  where  the  charge  is  infanticide. 

Mr.  Lomax  moved  to  table  the  amendment  offered  by 
Mr.  AVaddell. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

On  motion  of  Mr.  Lomax,  Section  7,  as  amended,  was 
adopted, 

SECTION  EIGHT. 

8.  That  no  person  shall  be  accused  or  arrested,  or 
detained  except  in  cases  ascertained  by  law,  and  accord- 
ing to  the  form  which  the  same  has  prescribed ;  and  no 
person  shall  be  punished  but  by  virtue  of  a  law  estab- 
lished and  promulgated  prior  to  the  offense  and  legally 
applied. 

AVas  read  at  length,  and  on  motion  of  Mr.  Lomax, 
was  adopted. 

SECTION  NINE. 

9.  That  no  person  shall,  for  any  indictable  offense, 
be  proceeded  against  criminally,  b}'  information,  except 
in  eases  arising  in  the  militia  and  volunteer  forces  when 
in  actual  service  or  by  leave  of  the  court,  for  misfeas- 
ance, misdemeanor,  extortion  and  oppression  in  office 
otherwise  than  is  provided  in  this  Constitution ;  provided 
that  in  cases  of  misdemeanor,  the  General  Assembly 
may,  by  law,  dispense  with  a  Grand  Jury,  and  author- 
ize such  prosecutions  and  proceedings  before  Justices 
of  the  Peace  or  such  other  inferior  courts  as  may  be  by 
law  established. 

AVas  read  at  length. 

Mr.  Gates  offered  the  following  amendment  to  Sec- 
tion 9 : 


Constitutional  Convention. 


633 


Amend  iSectiou  i)  in  liue  two,  after  the  word  ^'infor- 
umtiou''  insert  the  followiuj;-:  Except  when  a  felony 
has  been  committed  and  the  (irand  Jiu*j,  at  its  first 
term  thereafter,  fails  to  find  a  bill  of  indictment,  tlie 
court  may  order  such  a  prosecution,  and." 

Mr.  Duke  otfered  the  following  amendment  to  the 
amendment  offered  by  JMr.  Gates : 

Amend  the  amendment  by  inserting  immediately 
after  the  word  "felony"'  the  words  "which  may  be  pun- 
ished capitally." 

Mr.  Pettus  moved  to  table  the  amendment  offered  by 
Mr.  Gates  and  the  amendment  to  the  amendment  of- 
fered by  Mr.  Duke. 

The  motion  to  table  prevailed,  and  the  amendment  to 
the  amendment  was  laid  upon  the  table :  Yeas  71;  navs, 
44. 

YEAS. 


Messrs.  Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Bulger, 

Byars, 

Garden, 

Carnathon, 

Chapman, 

Cobb,t 

Coleman  (Greene), 

Cornwell, 

Ferguson, 

Fitts, 

Fletcher, 

Foster, 

Freeman, 

Glover, 

Haley, 

Heflin  (Chambers), 


Hodges, 

Hood, 

Inge, 

Jackson, 

Jones  (Hale), 

Jones  (Wilcox), 

Knight, 

Long  (Butler), 

Lowe  (Lawrence), 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Martin, 

Merrill, 

Miller  (Wilcox), 

Moody, 

NeSmith, 

Opp, 

O'Rear, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 


634 


Journal  of  Alabama 


Pitts, 

Proctor, 

Reese, 

l\enfro, 

Reynolds  (Henry), 

Rogers  ( Lowndes ) , 

Rogers  (Sumter), 

Sanders, 

Seutell, 

Sloan, 

Smith,  Mac.  A., 

Smith,  iNI organ  M. 

Sorrell, 


Spears, 

Spragins, 

Stewart, 

Thompson, 

Walker, 

VV^eatherly, 

Willett, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

>ViLs()n  (\\^ashington), 

Winn — 71. 


NAYS. 


Messrs.  President, 

Ashcraft, 

Banks, 

Boone, 

Browne, 

Burns, 

Cofer, 

Cunningham, 

Dent, 

Duke, 

Eley, 

Espy, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grayson, 

Harrison, 

Henderson, 

Howell, 

Howze, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 


Kyle, 

Leigh, 

Locklin, 

Lomax, 

Long  (Walker), 

Lowe  (Jetferson), 

Mai  one, 

Maxwell, 

Murphree, 

Norman, 

Gates, 

G'Neill  (Jefferson), 

O'Neal  (Lauderdale), 

Palmer, 

Porter, 

Sanford,  , 

Selheimer, 

Studdard, 

Waddell, 

Watts, 

White— 44. 


Constitutional  Convention.  635 

Mr.  Jones,  of  Moutgomer}',  offered  tlie  following 
anienduient  to  Section  9  : 

Amend  Section  9  by  adding  after  the  words  "actnal 
service,"  in  the  third  line  of  the  printed  bill,  the  words 
"or  Avhen  assembled  nnder  arms  as  a  military  organiza- 
tion." 

The  amendment  Avas  adopted. 

Mr.  Ferguson  offered  the  following  amendment  to  Sec- 
tion 9 : 

To  amend  Section  9  in  line  five,  after  the  word  "mis- 
demeanor" by  adding  the  words  "and  grand  larceny." 

^Ir.  Jones,  of  A\'ilcox,  moved  to  table  the  amendment 
ottered  by  Mr.  Ferguson. 

The  motion  prevailed  and  the  amendment  was  tabled. 

Mr.  O'Neal,  of  Lauderdale,  offered  the  following 
amendment  to  Section  9: 

Amend  Section  9  by  adding  words  "the  Circuit  or 
City  Court"  before  the  words  "Justices  of  the  Peace." 

Mr.  Lomax  moved  to  table  the  amendment  offered  by 
Mr.  O'Neal,  of  Lauderdale. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

On  motion  of  JMr.  Lomax,  Section  9,  as  amended,  was 
adopted. 

SECTION  TEN. 

10.  That  no  person  shall,  for  the  same  offense,  be 
twice  put  in  jeopardy  of  life  or  limb;  but  courts  may, 
for  reasons  fixed  by  law,  discharge  juries  from  the  con- 
sideration of  any  case,  and  no  person  shall  gain  any  ad- 
vantage by  reason  of  such  discharge  of  the  jury. 

Was  read  at  length,  and  on  motion  of  Mr.  Lomax, 
was  adopted. 

SECTION   ELEVEN. 

11.  That  no  person  shall  be  barred  from  prosecuting 
or  defending  before  any  tribunal  in  this  State,  by  him- 
self or  counsel,  any  civil  cause  to  which  he  is  a  party. 

Was  read  at  length,  and  on  motion  of  Mr.  Lomax, 
was  adopted. 


636  Journal  of  Alarama 

sf.ction  twelve. 

12.  That  the  right  of  trial  l)y  jury  shall  remain  in- 
violate. 

Was  read  at  length. 

The  following  minority  report  was  read  at  length : 

The  undersigned  members  of  the  Committee  on  Pre- 
amble and  Declaration  of  Kights,  do  not  concur  in  the 
foregoing  report  of  the  committee  so  far  as  it  relates 
to  Section  12,  Article  I,  for  the  following  reasons : 

In  every  relation  of  life  in  Alabama,  where  the  re- 
sult is  dependent  upon  the  opinions  and  decisions  of  a 
number  of  persons,  the  principle  of  majority  rule  gov- 
erns, Avitli  the  single  exception  of  a  verdict  of  a  jury. 
Wh}^  should  a  unanimous  verdict  on  a  question  of  fact 
be  required  and  enforced  from  a  jury?  A  majority  of 
one  vote  in  this  Convention  either  puts  a  proposition 
in  the  organic  law  or  rejects  it.  A  majority  of  one  vote 
in  each  House  of  the  General  Assembly  creates,  repeals 
or  modifies  a  positive  law,  regardless  of  the  magnitude 
of  the  interests  involved;  a  majority  of  the  Senate  of 
United  States  ratifies  or  refuses  to  consent  to  a  treaty 
with  a  foreign  power.  A  majority  of  a  single  vote  in  a 
half  a  million  in  a  pivotal  State  may  elect  a  President 
of  the  United  States,  change  the  policy  of  the  govern- 
ment, and  bring  prosperity  or  ruin  to  seventy  millions 
of  people.  And  yet  the  majority  of  the  cimmittee  deny 
that  it  would  be  sensible  to  apply  this  principle  to  a 
verdict  of  a  jury  in  a  civil  suit  at  law.  When  a  judg- 
ment is  entered  on  a  unanimous  verdict,  if  an  appeal  is 
taken  to  the  Supreme  Court  of  the  State,  it  can  be  then 
finally  adjudicated  by  a  bare  majority  of  the  Justices. 
So  in  the  Supreme  Court  of  the  United  States,  five  of 
the  Justices  against  four  held  the  income  tax  unconsti- 
tutional ;  and  in  the  same  court  five  of  the  Justices  held 
that  Porto  Rico  was  not  under  the  Constitution,  and 
four  that  it  was.  Again  in  all  ministerial  and  execu- 
tive bodies  the  majority  rules,  and  the  will  of  the  mi- 
nority must  give  way  to  that  of  the  majority  when  law- 
fully exi)ressed.  For  these  reasons  we  think  that  the 
l>r()vision  authorizing  three-fourths  of  a  jury  to  render 


Constitutional  Convention.  637 

a  verdict  in  a  civil  case  sliould  become  a  part  of  our 
Constitution,  as  it  is  of  several  other  important  States 
of  the  Union. 

We  therefore  recommend  as  a  substitute  for  Section 
12,  Article  1,  as  reported  by  the  committee,  the  follow- 
ing: 

Article  1,  Section  12:  The  right  of  trial  by  jury    as 
heretofore  enjoyed,  shall  remain  inviolate;  but  in  civil 
actions  three-fourths  of  the  jury  nuiy  render  a  verdicL. 
Respectfully  submitted, 

Samuel   Blackwell, 
E.  P.  Wilson, 
T.  J.  Cornwell. 

The  question  was  upon  the  substitute  offered  by  the 
minority  for  Section  12. 

Mr.  Grayson  offered  the  following  amendment  to  the 
minority  report : 

Amend  by  striking  out  three-fourths  and  insert  five- 
sixths. 

Mr.  Baretield  moved  to  table  the  amendment  of  Mr. 
Grayson, 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

Mr.  Barefield  moved  to  table  the  minority  report. 

The  motion  was  lost :  Yeas,  43 ;  nays,  43. 

yeas, 

Messrs.  President,  Henderson, 

Barefield,  Flood, 

Beavers,  Howze, 

Bethune,  Jackson, 

Byars,  Jones  (Hale), 

Cardon,  Jones  (Wilcoxj), 

Carnathon,  l^eigh, 

Cunningham,  Lomax, 

Espy,  Long  (Walker), 

Foster,  Lowe  (Lawrence), 

Glover,  Martin, 

Graham  (Talladega),  Maxwell, 


638 


Journal  of  Alabama 


Merrill, 

Miller  (Wilcox), 

NeSmith, 

Norman, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Parker  (Cullman), 

Parker  (Elmore), 

Porter, 


Rogers  (Sumter), 

Sanders, 

Spragins, 

Stewart, 

Thompson, 

Waddell, 

Walker, 

Weather]  y, 

Willett— 43. 


NAYS. 


Messrs.  Ashcraft, 

Banks, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Burns, 

Chapman, 

Cobb, 

Cofer, 

Dent, 

Eley, 

Fletcher, 

Foshee, 

Grayson, 

Haley, 

Hodges, 

Inge, 

Jones  (Bibb), 

Kyle, 

Macdonald,  . 


Malone, 
Moody, 
Murphree, 
Gates, 

G'Neill  (Jefferson), 
Palmer, 
Pearce, 
Pettus, 
Pitts, 
Reese, 

Reynolds  (Henry), 
Rogers  (Lowndes), 
Sauford, 
Selheimer, 
Smith,  Mac.  A. 
Smith,  Morgan  M. 
Spears, 
Watts, 
White, 

Wilson  (Washington). 
Winn— 43. 


PAIRS   ANNOUNCED. 


The  following  i>airs  wore  annonnccMl: 
^Messrs.  Smitli,  of  ^Mobile,  and  Jones,  of  ^Montgomery; 
IMllans  and  Wilson,  of  Clarke.  Messrs.  Smith,  of  Mo- 


Constitutional  Convention. 


639 


bile,  aud  Pillans  would  vote  aye;  and  ^lessrs.  Jones,  of 
Montgomery,  and  ^^'ils()n,  of  Clarke,  would  vote  na^'. 


ADJOURNMENT. 


Perdinii'  the  further  eonsideration  of  the  rej^ort  of 
the  Committee  on  Preamble  and  Declaration  of  Rights, 
on  motion  of  Mr.  Sanders,  the  Convention  adjourned 
until  9  :30  o'e.loek  on  Monday  morning. 


THIKTY-NINTH  DAY. 
Convention  Hall. 

Montgomery,  Ala.,  Monday,  July  8,  11)01. 

The  Convention  met  luirsuant  to  adjournment. 
Prayer  was  offered  by  Kev.  ^Ir.  Howell  of  the  Conven- 
tion. 


ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almon, 

Ash  era  ft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 


Burnett, 

Burns, 

Byars, 

Carmichael  (Colbert), 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 


640 


Journal  of  Alabama 


Duke, 

Eley, 

Eyster, 

Ferguson, 

Fitts, 

Fletcher, 

Foshec, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (]\[ontgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Haley, 

Harrison, 

Heflin  (Chambers) 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Jackson, 

Jenkins^ 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Lawrence), 


Macdonald, 

McMillan  (Wilcox), 

Martin, 

Maxwell, 

^lerrill. 

Miller  (Wilcox), 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Ree>>^t 

Ke^molds  (Chilton), 

Reynolds  (Henry), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Spears, 

Spragins, 

Thompson, 

Vaughan, 

Walker, 

Watts, 

Weatherly, 


Constitutional  Convention.  641 

White,  Williams  (Marengo), 

Whiteside,  Wilson  (Clarke). 

Willett,  Wilson  (Washin^on) — 114 

LEAVES   OF    ABSENCE. 

Was  granted  to  Messrs.  Cardon  indefinitely;  Browne 
for  Monday  and  Tuesday;  Inge  for  to-day;  Moody  for 
to-day ;  Studdard  indefinitely ;  Tayloe  for  to-day ;  O'Rear 
indefinitely;  Coleman,  of  Greene,  for  to-day;  Locklin 
for  to-day ;  Winn  for  to-day,  to-morrow  and  Wednesday ; 
Xirkland  for  to-morrow;  Carmichael,  of  Coffee,  to-day. 

REPORT  OF  committee  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to  report  that 
they  have  examined  the  Journal  for  the  thirty-eighth  day 
of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor^  Chairman. 

ilESOLUTIONS. 

The  following  resolution  was  offered  and  read  at 
length  one  time: 

Resolution  231,  by  Mr.  Burns: 

Resolved,  That  resolution  No.  184,  introduced  by  Mr. 
<;^unningham,  proposing  to  regulate  leaves  of  absence, 
he  and  is  hereby  rescinded. 

Mr.  Burns  moved  that  the  rules  be  suspended  and  that 
the  resolution  be  adopted. 

The  motion  prevailed  and  the  rules  were  suspended. 

Mr.  Cunningham  moved  to  table  the  resolution. 

The  motion  Avas  lost. 

The  question  recurred  upon  the  motion  to  adopt  the 
resolution. 

The  motion  prevailed,  and  the  resolution  was  adopted. 

41 


642  Journal  of  Alabama 

ordinances  on  first  reading. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  lengthy  and  referred  to  appropriate 
committees,  as  follows : 

Ordinance  413,  by  Mr.  Burns : 

Amendment  to  article  on  Taxation.  Amend  b}'^  add- 
ing —  Section  or  proviso  : 

That  no  license  tax  shall  be  required  by  State,  county 
or  municipality  of  any  veteran  or  ex-soldier  of  the  Civil 
War  of  1861-65,  who  is  unable  to  perform  manual  labor^ 
and  whose  taxable  property  does  not  amount  to  the  ex- 
emptions allowed  by  this  Constitution;  provided,  that 
this  ordinance  shall  not  apply  to  the  sale  of  malt  or 
spirituous  liquors. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

REPORT   OF   STANDING   COMMITTEES. 

Mr.  Jones,  of  Montgomery,  chairman  of  the  Commit- 
tee on  Executive  Department,  submitted  the  foHowing 
reports,  wliicli  were  read  at  lengtli,  and  laid  ujion  tlie 
table,  and  300  copies  of  the  report  containing  ordinance 
No.  414  were  ordered  printed. 
Mr.  President: 

The  Committee  on  the  Executive  Department,  to 
whom  was  referred  the  resolution  introduced  by  the 
gentleman  from  Montgomery  ( Mr.  Watts ) ,  as  to  the  ad- 
visability of  framing  and  reporting  an  ordinance  to 
provide  for  the  succession  in  tlie  office  of  Governor,  liave 
had  the  subject  under  consideration,  and  direct  me  to 
report  the  accompanying  ordinance,  the  passage  of 
which  the  committee  respectfully  recommend. 

Thos.  G.  Jones,  Clmirnntn. 

Ordinance  414, 

An  ordinance  to  provide  for  the  succession  in  the  office 
of  Governor,  in  event  of  his  death,  resignation,  removal 
from  office,  disability  or  absence  frcmi  the  State,  occur- 


Constitutional  Convention.  643: 

ring  prior  to  the  next  election  of  a  President  of  the 
Senate  and  Speaker  of  the  House. 

Section  1.  Be  it  ordained  by  the  people  of  Ahibama, 
in  Convention  assembled,  That  in  event  the  Governor 
dies,  resigns,  is  removed  or  under  disabilities,  or  absent 
from  the  State  for  more  than  twenty  days  prior  to  the 
next  election  of  a  President  of  the  Senate  and  a  S})eaker 
of  the  House,  the  power  and  duties  of  the  oflice  shall 
devolve  in  the  order  named,  upon  the  Hon.  D.  J.  Mead- 
OAV,  the  last  President  pro  tern  of  the  Senate ;  next  upon 
the  Hon.  A.  M.  Tuustall,  the  last  Speaker  pro  tern  of 
the  House;  next  upon  the  Attorney  General;  next  upon 
the  Auditor;  next  upon  the  Secretary  of  State;  next 
upon  the  Treasurer;  but  the  powers  and  duties  of  the 
person  exercising  the  oflice  of  Governor  in  lieu  of  the 
Governor,  shall  cease  and  terminate  whenever  a  Presi- 
dent of  the  Senate  and  a  Speaker  of  the  House  shall 
be  elected  at  the  next  meeting  of  any  General  Assembly. 

Sec.  2.  Be  it  further  ordained,  that  this  ordinance 
shall  go  into  effect  immediately. 

Mr.  President : 

The  Committee  on  the  Executive  Department  direct 
me  to  report  the  accompanying  ordinance  for  the  relief 
of  E.  L.  May,  and  to  recommend  its  passage: 

Thos.  G.  Jones,  Chair  man. 

Ordinance  415 : 

An  ordinance  for  the  relief  of  E.  L.  May: 
Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  That  the  sum  of  |35  be  and  the  same 
is  hereby  appropriated  to  pay  E.  L .  May  for  his  services 
as  clerk  for  attending  the  meetings  of  the  Committee 
on  the  Executive  Department,  and  transcribing  the 
Article  on  the  Executive  Department  as  finally  adopted 
and  reported  by  the  committee, 

UNFINISHED    BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Preamble  and  Declaration  of  Rights. 


644  Journal  of  Alabama 

The  question  was  upou  the  amendment  offered  by  Mr. 
Burns  to  the  minority  repoi-t.  (The  amendment  Avas 
not  read. ) 

Mr.  Burns  asked  unanimous  consent  to  withdraw  the 
amendment. 

Consent  was  ••ranted,  and  the  amendment  was  with- 
drawn. 

RECONSIDERATION. 

Mr.  Williams,  of  Marengo,  moved  to  reconsider  the 
vote  by  which  Section  10  was  adopted. 

Mr.  Lomax  moved  to  table  the  motion  of  Mr.  Wil- 
liams, of  Marengo, 

The  motion  prevailed,  and  the  motion  to  reconsider 
was  laid  upon  the  table. 

The  question  recurred  upon  the  adoption  of  the  mi- 
nority report  to  Section  12  of  the  report  of  the  Com- 
mittee on  Preamble  and  Declaration  of  Rights. 

Mr.  Coleman,  of  Greene,  offered  the  following  amend- 
ment to  the  minority  report : 

Move  to  amend  the  report  of  the  minority  by  striking 
out  said  minority  report,  and  add  to  the  section,  as  re- 
ported by  the  committee,  the  following:  "Provided,  that 
the  General  Assembly  may  authorize  the  return  of  ver- 
dicts upon  the  agreement  of  three-fourths  of  the  jury 
in  all  civil  actions,  not  including  actions  in  tort." 

The  amendment  was  lost :  Yeas,  11 ;  nays,  103. 

YEAS. 

Messrs.  Ashcraft,  Gates, 

Banks,  Reynolds  (Henry), 

Brooks,  Rogers  (Lowndes), 

Coleman  (Greene),  Rogers  (Sumter), 

Dent,  Wilson  (Washington) — 11. 

Macdonald, 


Constitutional  Convention. 


645 


NAYS. 


Messrs.  President, 

Almon, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Bulger, 

Burnett, 

Biirus, 

Byars, 

Carmichael  (Colbert), 

Carnathon, 

Chapman, 

Cobb, 

Craig, 

Cunninii,ham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

(rilmore. 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega). 

Grant, 

Greer  (Calhoun), 

Haley, 

Harrison, 

Heflin  (Chambers), 


Heflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howell, 

Howze,  ,, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

[.eigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Lawrence), 

:\rcMillan '(Wilcox), 

Martin, 

Maxwell, 

:\rorrill, 

M\Uev  (Wilcox), 

Murphree, 

XeSmith, 

Norman, 

Norwood, 

O'Neal  (Lauderdale), 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 


646 


Journal  of  Alarama 


Reese, 

Reynolds  (Chilton), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spears, 


Spragins, 

Thompson, 

Yaughan, 

Walker, 

Watts, 

Weatherly. 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  ( Marengo) , 

Wilson  (Clarke)— 103. 


PAIRS   ANNOUNCED, 

The  following  pairs  Avere  announced : 

Mr.  ]i[ulkey  would  vote  aye,  and  Mr.  Palmer  would 
vote  nay. 

Mr.  Jones,  of  Montgomery,  stated  that  he  was  paired 
with  Mr.  Smith,  of  Mobile,  but  he  did  not  know  how  Mr. 
Smith  would  vote  on  the  above  proposition,  and  asked 
to  be  excused  from  voting.  Mr.  Jones,  of  Montgomery, 
w^as  excused  from  voting. 

The  question  recurred  upon  the  adoption  of  the  mi- 
nority report. 

The  minority  report  was  lost :  Yes,  29 ;  nays,  81. 


YEAS. 


Messrs.  Ash  era  ft, 

Banks, 

Bartlett, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Byars, 

Cobb, 

Craig, 

Dent, 


Fletcher, 

Foshee, 

Freeman, 

Macdonald, 

Murphree, 

Norwood, 

Gates, 

Pettus, 

Pitts, 

^*eese, 

Reynolds  (Henry), 


Constitutional  Convention. 


647 


jRogers  (Lowndes), 
Sanford, 
Selheimer, 
Smith,  Mac.  A., 


Spears, 

AVhite, 

Wilson  ( Washington )  — 29. 


IsJAYS. 


Messrs.  President, 

Almon, 

Barefield, 

Beavers, 

Bethune, 

Bulger, 

Burnett, 

Oarmichael  (Colbert), 

Carnathon, 

Chapman, 

Coleman  (Greene), 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Fitts, 

Foster, 

Gilmore, 

Glover, 

Graham  (Montgomery) 

Graham  ( Talladega) , 

Grant. 

Greer  (Calhoun), 

Haley, 

Harrison, 

Heflin  (Chambers), 

T=TpfiiT.  (Randolph), 

Henderson, 

Hodges, 

Hood. 

Howell, 


Howze, 
Jackson, 
Jenkins, 
Jones  (Bibb), 
Jones  (Hale), 
Kirk, 
Kirkland, 
Knight, 
Kyle, 
Ledbettei , 
Leigh, 
Lomax, 

Long  (Butler), 
Long  (Walker), 
Lowe  (Jefferson), 
Martin, 
Maxwell, 
Merrill, 

/fillpr  r Wilcox), 
NeSmith, 
Norman, 

O'Neal  (Lauderdale), 
Parker  (Cullman), 
Parker  (Elmore), 
Pearce, 
Phillips, 
Pillans, 
Porter, 

Reynolds  (Chilton), 
Samford, 
t^anders, 
Searcy, 
Selheimer, 
Sontell, 


648  Journal  of  Alarama 

Sloan,  Weatherly, 

Sorrell,  Whiteside, 

Spragins,  Willett, 

Thompson,  Williams  (Barbour),, 

Vaughan,  Williams  (Marengo), 

Walker,  Wilson  (Clarke) — 81. 
Watts, 

PAIRS   ANNOUNCED.. 

The  following  pairs  were  announced: 

Messrs.  Jones,  of  Montgomer}^,  and  Smith,  of  Mobile; 
Cofer  and  Jones,  of  Wilcox;  Moody  and  McMillan,  of 
Wilcox;  Palmer  and  Mulkev;  Burns  and  Carmichael,. 
of  Coffee. 

Messrs.  Jones,  of  Montgomery,  Cofer,  Moody,  Palmer^ 
and  Burns  would  vote  aye;  and  Messrs.  Smith,  of  Mo- 
bile, Jones;  of  Wilcox;  McMillan,  of  Wilcox;  Mulkey^. 
and  Carmichael,  of  Coifee,  would  vote  nay. 

SECTION   TWELVE. 

Section  12  was,  upon  motion  of  Mr.  Lomax,  adopted. 

RECESS. 

Pending  the  further  consideration  of  the  report  af 
the  Committee  on  Preamble  and  Declaration  of  Rights, 
the  hour  of  1  o'clock  arrived  and,  under  the  rules,  the 
Convention  recessed  until  3  :30  o'clock  this  afternoon. 


AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  constfv 
tuted  a  quorum : 


Constitutional  Convention. 


64^ 


Messrs.  President, 

Almon, 

Ashcraft, 

Banks, 

Bartlett, 

Beavers, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Burns, 

Byars, 

Carmichael  (Colbert), 

Carnathon, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Dent, 

Duke, 

Eley, 

Evster, 

F^erguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Glover, 

Graham  (Montgomery) 

Graham  (Talladega), 

Greer  (Calhoun), 

Haley, 


Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Howell, 

Howze, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery),. 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Walker), 

Lowe  (Lawrence), 

Macdonald, 

:McMillan  (Wilcox), 

Martin, 

Maxwell, 

Merrill, 

]\Iiller  (Wilcox), 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 


650 


Journal  of  Alabama 


Phillips, 
Pillans, 
Pitts, 
Porter, 
Reese, 

Reynolds  (Chilton), 
Reynolds  (Henry), 
Robinson, 
Roj^cers  (Lowndes), 
Rogers  (Sumter), 
Samford, 
Sanders, 
Sanford, 
Searcy, 
Selheimer, 
Sentell, 
Sloan, 


Smith,  Mac.  A. 
Smith,  Morgan  M., 
Sorrell, 
Spears, 
Spragins, 
Thompson, 
Vaughan, 
Walker, 
Watts, 
Weatherly, 
White, 
Whiteside, 
Willett, 

Tiljiams  (Barbour), 
Williams  (Marengo), 
Wilson  (Clarke), 
Wilson  (  Washington  ) — 110. 


QUESTION   OF   PRIVILEGE. 

^Ir.  Heflin,  of  Chambers,  arose  to  a  question  of  per- 
sonal privilege,  and  stated  his  question  of  privilege  as 
follows : 

I  rise  to  a  question  of  personal  privilege. 

The  President — The  gentleman  will  state  the  question 
of  privilege. 

Mr.  Heflin  (Chambers) — On  this  morning,  during 
roll  call,  upon  the  last  roll  call  before  adjournment, 
when  the  gentleman-s  name  from  ^Montgomery  was 
reached,  he  stated  to  the  Chair  that  he  Avas  paired  with 
the  gentleman  from  Mobile,  and  that  he  did  not  know 
how  that  gentleman  would  vote,  and  proceeded  to  ex- 
plain his  vote,  saying  that  he  woiild  A^ote  for  the  mi- 
nority report,  as  lie  wanted  that  or  nothing.  I  rose  to 
the  point  of  order  that  the  gentleman  could  not  state 
a  pair  unless  the  other  gentleman  would  vote  in  the 
opposite  from  himself.  Then  the  President  pro  tern 
asked  uu^  for  what  purpose  I  rose,  and  I  said  to  have  the 
gentleman  from  Montgomery  to  cast  his  vote  without 
reference  to  the  pair.  The  Chair  ruled,  when  the  dis- 
tinguished   gentleman    from    Montgomery   said   that    it 


Constitutional  Convention.  651 

occurred  to  him  that  the  point  of  order  was  frivilous, 
and  tlie  Cliair  said  that  the  Chair  so  ruled,^that  my 
point  of  order  was  frivilous.  I  want  to  set  myself  rij»*lrt 
before  this  Convention,  Mr.  President,  by  reading  rule 
38  of  this  Convention:  "Every  delegate  may  be  required 
to  vote  on  any  question  before  the  Convention."  Further 
rule  -10 :  "After  a  vote  has  been  ordered  upon  any  ques- 
tion no  delegate  shall  be  permitted  to  explain  his  vote, 
without  the  unanimous  consent  of  the  Convention." 
The  gentleman  from  Montgomery  stated  something 
with  reference  to  a  pair,  without  stating  a  pair  with  the 
gentleman  from  Mobile  upon  the  pending  (luestiou,  and 
without  obtaining  the  consent  of  the  Convention.  He 
stated  that  he  would  vote  against  the  amendment,  be- 
cause he  wanted  the  minority  report  or  nothing,  there- 
by explaining  his  vote  to  this  Convention,  by  permis- 
sion of  the  Cliair,  but  Avithout  the  consent  of  the  Con- 
vention. I  rose  to  the  point  of  order,  and  I  think  the 
President  of  this  Convention  will  sustain  me,  for  all 
parliamentary  law  does,  that  a  gentleman  cannot  pair 
with  another  gentleman  unless  the  other  gentlenuin 
would  vote  directly  opposite  from  the  wa}^  the  gentleman 
himself  would  vote.  I  merely  want  to  suggest,  Mr.  Presi- 
dent, under  the  ruling  of  the  President  pro  tem,  the 
Convention  was  not  ver}^  wise  in  passing  these  t\\()  rules. 
I  just  wanted  to  call  attention  to  the  matter. 

Mr.  Jones,  of  Montgomery,  thereuiyon  arose  to  a  ques- 
tion of  personal  privilege,  and  stated  his  question  of 
privilege  as  follows : 

I  rise  to  a  question  of  personal  privilege.  The  point 
made  by  the  gentleman  from  Chambers  arose  in  this 
way:  I  stated  that  I  was  paired  with  the  gentleman 
from  Mobile  upon  this  question,  and  that  I  did  not  know 
how  he  would  vote,  and  if  he  was  present  I  would  vote 
so  and  so.  My  friend  from  Chambers  misapprehended 
the  phase  of  the  case  in  which  the  other  matter  came 
us.  I  then  stated  to  the  Chair  that  I  did  not  know  how 
the  gentleman  from  Mobile  would  vote  on  that,  but 
that  I  was  paired  with  him  on  the  general  question,  but 
if  he  was  present  I  thought  he  would  vote  so  and  so, 


652  Journal  of  Alabama 

and  I  would  vote  so  and  so.    That  is  not  an  explanation 
of  a  vote. 

UNFINISHED   BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Preamble  and  Declaration  of  Eights. 

SECTION   THIRTEEN. 

13.  That  in  all  prosecutions  for  libel  or  for  the  publi- 
cation of  papers  investigating  the  official  conduct  of 
officers  of  men  in  public  capacity,  or  when  the  matter 
published  is  proper  for  public  information,  the  truth 
thereof  may  be  given  in  evidence;  and  that  in  all  indict- 
ments for  libel,  the  jury  shall  have  the  right  to  deter- 
mine the  law  and  the  facts  under  the  direction  of  the 
court. 

Was  read  at  hnigth,  and  On  uioticui  of  ^Ir.  Lomax, 
was  adopted. 

SECTION   FOURTEEN. 

14.  That  all  courts  shall  be  open ;  and  that  every  per- 
son, for  any  injury  done  him,  in  his  lands,  goods,  person 
or  reputation,  shall  have  a  remedy  by  due  process  of  law; 
and  right  and  justice  shall  be  administered  without 
sale,  denial  or  delay. 

Was  read  at  length,  and  on  motion  of  Mr.  Lomax,. 
was  adopted. 

SECTION  FIFTEEN. 

15.  That  the  State  of  Alabama  shall  never  be  made 
a  defendant  in  any  court  of  law  or  equity. 

Was  read  at  length,  and  on  motion  of  Mr.  Lomax^ 
was  adopted. 

SECTION  SIXTEEN.  ' 

16.  That  excessive  fines  shall  not  be  imposed  nor 
cruel  or  unusual  punishments  inflicted. 


Constitutional  Convention.  653 

Was  read  at  length. 

Mr.  Pillans  offered  the  following  amendment  to  Sec- 
tion 16 : 

Amend  Section  16  of  the  Declaration  of  Kights,  Arti- 
cle I  of  the  Constitution,  by  adding  thereto  the  words 
following,  to- wit:  And  that  it  shall  not  be  lawful  to 
use  the  lash  upon  or  Avhip  or  flog  any  person  held  to  labor 
under  conviction  for  crime  or  misdemeanor  in  this 
State. 

Mr.  Lomax  moved  to  table  tlie  amendment  offered  by 
Mr.  Pillans. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

Mr.  Lomax  moved  that  Section  16  be  adopted. 

The  motion  prevailed,  and  Section  16  was  adopted. 

SECTION  seventeen. 

17.  That  all  persons  shall,  before  conviction,  be 
bailable  by  sufficient  sureties,  except  for  capital  offenses, 
when  the  proof  is  evident  or  the  presumption  great ;  and 
that  excessive  bail  shall  not  in  any  case  be  required. 

Was  read  at  length,  and  on  motion  of  Mr.  Lomax 
was  adopted. 

SECTION   eighteen. 

18.  That  the  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended  by  the  authorities  of  this  State. 

Was  read  at  length,  and  on  motion  of  Mr.  Lomax 
was  adopted. 

SECTION  NINETEEN. 

19.  That  treason  against  the  State  shall  consist 
only  in  levying  war  against  it,  or  adhering  to  its  ene- 
mies, giving  them  aid  and  comfort;  and  that  no  person 
shall  be  convicted  of  treason  except  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  his  confession 
in  open  court. 


654  Journal  of  Alabama 

AVas  read  at  length. 

By  iinaniiiioiis  consent  Section  19  was  amended  as 
follows : 

19.  That  treason  against  the  State  shall  consist 
only  in  levying  war  against  it,  or  adhering  to  its  ene- 
nnes,  giving  them  aid  and  comfort;  and  that  no  person 
shall  l)e  convicted  of  treavson,  except  on  the  testimony 
of  two  ^^•itnesses  to  the  same  overt  act,  or  his  own  con- 
fession in  open  court. 

On  motion  of  Mr.  Lomax,  Section  19  was  adopted  as 
amended. 

SECTION  TWENTY. 

20.  That  no  person  shall  be  attainted  of  treason  by 
the  General  Assembly ;  and  that  no  conviction  shall  work 
corruption  of  blood  or  forfeiture  of  estate. 

Was  read  at  length,  and  on  motion  of  Mr.  Lomax 
Avas  adopted. 

SECTION   TWEXTY-ONE. 

21.  That  no  person  shall  be  imprisoned  for  debt. 
Was  read  at  length. 

Mr.  Gates  offered  the  following  amendment  to  Sec- 
tion 21 : 

Amend  Section  21  by  adding  thereto  the  following 
words,  to-wit:  Except  for  wilful  and  flagrant  fraud. 

Mr.  Carmichael,  of  Colbert,  moved  to  table  the  amend- 
ment ottered  by  Mr.  Gates. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

Tpon  motion  of  Mr.  Samford,  Section  21  was  adopted, 

SECTION  TWENTY-TWO. 

22.  That  no  power  of  suspending  laws  shall  be  exer- 
cised except  by  the  General  Assembly. 

Was  read  at  length,  and  on  motion  of  ^Ir.  Samford 
was  adopted. 


Constitutional  Convention.  655 

section  twenty-th r ee. 

23.  That  110  cz-  post  facto  law,  or  any  law,  impairing 
the  obligation  of  contracts,  or  making  any  irrevocable 
or  exclusive  grants  of  special  privileges  or  imnuinities, 
shall  be  passed  by  the  General  Assembly;  and  every 
grant  of  a  franchise,  privilege  or  immunity,  shall  for- 
ever remain  subject  to  revocation,  alteration  or  amend- 
ment. 

Was  read  at  length,  and  on  motion  of  Mr.  Lomax 
Avas  adopted. 

section  tw enty-four. 

24.  That  the  exercise  of  the  right  of  eminent  domain 
shall  never  be  abriged  nor  so  construed  as  to  prevent  the 
General  Assembly  from  taking  the  property  and  fran- 
chises of  incorporated  companies  and  subjecting  them 
to  public  use  the  same  as  individuals.  But  private  prop- 
erty shall  not  be  taken  or  applied  for  public  use,  unless 
just  compensation  be  first  made  therefor;  nor  shall  pri- 
vate property  be  taken  for  private  use  or  for  the  use  of 
corporations,  other  than  municipal,  without  the  consent 
of  the  owner;  provided,  however,  that  the  General  As- 
sembly may,  by  law,  secure  the  persons  or  cori>orations 
the  right  of  way  over  the  lands  of  other  persons  or  cor- 
porations, and  by  general  laws  provide  for  and  regulate 
the  exercise  by  person  and  corporation  of  the  rights 
herein  reserved ;  but  just  compensation  shall,  in  all 
cases,  be  first  made  to  the  owner ;  and,  provided  that  the 
rght  of  eminent  domain  shall  not  be  so  construed  as  to 
allow  taxation  or  forced  subscription  for  the  benefit  of 
railroads  or  any  other  kind  of  corporation,  other  than 
municipal,  or  for  the  benefit  of  any  individual  or  as- 
sociation. 

Was  read  at  length  and,  on  motion  of  Mr.  Lomax,  was 
adopted. 

section  twenty-five. 

25.  That  all  navigable  waters  shall  remain  forever 
public  highways,  free  to  the  citizens  of  the  State,  and 


656  Journal  of  Alabama 

of  the  United  States,  without  tax,  impost  or  toll;  and 
that  no  tax,  toll,  impost  or  wharfage  shall  be  demanded 
or  received  for  the  owner  of  any  merchandise  or  com- 
modity for  the  use  of  the  shores,  or  any  wharf  erected 
■on  the  shores,  or  in  or  over  the  waters  of  any  navigable 
stream,  unless  the  same  be  expressly  authorized  by  law. 
Was  read  at  length  and,  on  motion  of  Mr.  Lomax,  was 
adopted. 

SECTION   TWENTY-SIX. 

26.  That  the  citizens  have  a  right  in  a  peaceable  man- 
ner to  assemble  together  for  the  common  good,  and  to 
apply  to  those  invested  with  the  power  of  government 
for  redress  of  grievances  or  other  purposes,  by  petition, 
address  or  remonstrance. 

Was  read  at  length  and,  on  motion  of  Mr.  Lomax,  was 
adopted. 

SECTION  TWENTY-SEVEN. 

27.  That  every  citizen  has  a  right  to  bear  arms  in  de- 
fense of  himself  and  the  State;  and  it  shall  be  the  duty 
of  the  General  Assembly  to  define  by  law  small  arms, 
and  regulate  the  bearing  of  the  same. 

Was  read  at  length. 

Mr.  Reese  offered  the  following  amendment  to  Sec- 
tion 27 : 

Amend  by  striking  out  all  of  Section  27  after  the 
word  State  in  first  line. 

Mr.  Greer,  of  Calhoun,  moved  to  table  the  amendment 
offered  by  Mr.  Reese. 

The  motion  to  table  was  lost. 

The  question  recurred  upon  the  amendment  offered 
by  Mr.  Reese. 

The  amendment  was  adopted. 

The  Section  27,  as  amended  was  adopted. 

SECTION  TWENTY-EIGHT. 

28.  That  no  standing  army  shall  be  kept  up  without 
the  consent  of  the  General  Assembly,  and  in  that  case, 
no  appropriation  for  its  support  shall  be  made  for  a 


Constitutional  Convention.  657 

longer  term  than  one  year;  and  the  military  shall,  in 
all  cases  and  at  all  times,  be  in  strict  snbordination  to 
the  civil  power. 

Was  read  at  length  and,  on  motion  of  Mr.  Lomax,  was 
adopted. 

SECTION   TWENTY-NINE. 

29.  That  no  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  owner, 
nor  in  time  of  war  but  in  a  manner  to  be  prescribed  by 
law. 

Was  read  at  length  and,  on  motion  of  Mr.  Lomax,  was 
adopted. 

SECTION   THIRTY. 

30.  That  no  title  of  nobility  or  hereditary  distinction, 
privilege,  honor  or  emolument,  shall  ever  be  granted  or 
conferred  in  this  State;  and  tliat  no  office  shall  be 
<!reated,  the  appointment  to  which  shall  be  for  a  longer 
time  than  during  good  behavior. 

Was  read  at  length  ami,  on  motion  of  Mr.  Lomax,  was 
adopted. 

SECTION   THIRTY-ONE. 

31.  That  immigration  shall  be  encouraged;  emigra- 
tion shall  not  be  prohibited,  and  that  no  citizen  shall  be 
exiled. 

Was  read  at  length. 

Mr.  Jones,  of  Montgomery,  offered  the  follo\\ing 
amendment : 

Amend  Section  31  by  adding  at  the  end  thereof  the 
following  words :  No  w^ell  person  shall  be  compelled  to 
exile  himself  from  the  State  to  obtain  refuge  from  dis- 
ease, when  the  health  authorities  of  any  county  are  will- 
ing to  allow  him  refuge  in  its  borders. 

Mr.  Heflin,  of  Chambers,  moved  to  table  the  amend- 
ment offered  bv  Mr.  Jones,  of  Montgomery. 


658  Journal  of  Ai^\il\ma 

The  motion  j)r€vailed,  and  the  amendment  was  laid 
upon  the  table, 

Mr.  Cunningham  moved  that  Section  31  be  adopted. 
The  motion  prevailed,  and  Section  31  was  adopted. 

SECTION   THIRTY-TWO. 

32.  That  temporary  absence  from  the  State  shall  not 
cause  a  forfeiture  of  residence  once  obtained. 

Was  read  at  length. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 32 : 

Amend  Section  32  by  inserting  the  words  "or  county.'^ 

Mr.  Lomax  moved  to  table  the  amendment  offered  by 
Mr.  Sanford. 

The  motion  prevailed,  and  the  amendment  was  laid 
on  the  tal)le. 

Mr.  Lomax  moved  to  adopt  Section  32,  and  the  motion 
prevailed,  and  the  section  was  adopted. 

SECTION   THIRTY-THREE. 

33.  That  no  form  of  slavery  shall  exist  in  this  State ; 
and  there  shall  not  be  any  involuntary  servitude,  other- 
wise than  for  the  punishment  of  crime,  of  which  the 
party  shall  have  been  duly  convicted. 

Was  read  at  length  and,  on  motion  of  Mr.  Lomax,  was 
adopted. 

SECTION    THIRTY-FOUR. 

34.  The  privilege  of  suffrage  shall  be  protected  by 
laws  regulating  elections,  and  prohibiting,  under  ade- 
quate penalties,  all  undue  influences  from  power,  brib- 
ery, tumult  or  other  improper  conduct. 

Was  read  at  length  and,  on  motion  of  Mr.  Heflin,  of 
Chambers,  the  section  Avas  adopted. 

SECTION   THIRTY-FIVE. 

35.  Foreigners  Avho  are,  or  who  may  hereafter  become 
bona  fide  residents  of  this  State,  shall  enjoy  the  same 


Constitutional  Convention.  BSO* 

rights  in  respect  to  the  possession,  enjoyment  and  inheri- 
tance of  property,  as  native  born  citizens. 

Was  read  at  length. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 35 : 

Amend  Section  35  by  inserting  in  its  first  line  the 
word  ''naturalized"  before  the  word  "foreigner.'' 

Mr.  Boone  moved  to  table  the  amendment  offered  by 
Mr.  Sanford. 

The  motion  prevailed,  and  the  amendment  was  tabled. 

Mr.  Lomax  moved  to  adopt  Section  35. 

The  motion  prevailed,  and  the  section  was  adopted. 

section  thirty-six. 

36.  That  the  sole  object  and  only  legitimate  end  of 
government  is  to  protect  the  citizen  in  the  enjoyment 
of  life,  liberty  and  property,  and  when  the  government 
assumes  other  functions,  it  is  usurpation  and  oppres- 
sion. 

Was  read  at  length  and,  on  motion  of  Mr.  Lomax,  was- 
adopted. 

SECTION   THIRTY-SEVEN. 

37.  That  no  restrain  upon  the  privilege  of  suffrage 
on  account  of  race,  color  or  previous  condition  of  servi- 
tude, shall  be  made  by  law. 

Was  read  at  length. 

Mr.  Pettus  offered  the  following  amendment : 

Amend  the  report  of  the  Committee  on  Preamble  and 
Declaration  of  Rights  by  striking  out  Section  37  of  the 
proposed  ordinance. 

The  amendment  was  adopted,  and  Section  37  was 
stricken  out. 

SECTION   THIRTY-EIGHT. 

38.  In  the  government  of  this  State,  except  in  the 
instances  in  this  Constitution  hereinafter  expressly  di- 
rected or  permitted,  the  Legislative  Department  shall 


660  Journal  of  Alabama 

never  exercise  the  Executive  or  Judicial  powers,  or 
either  of  them ;  the  Executive'  shall  never  exercise  the 
Legislative  and  Judicial  powers,  or  either  of  them;  the 
Judicial  shall  never  exercise  the  Legislative  and  Exe- 
cutive powers,  or  either  of  them ;  to  the  end  that  it  may 
be  a  government  of  laws  and  not  of  men. 

Was  read  at  length  and,  on  motion  of  Mr.  Lomax,  was 
adopted. 

SECTION  THIRTY-NINE. 

39.  That  this  enumeration  of  certain  rights  shall  not 
impair  or  deny  others  retained  by  the  people;  and,  to 
guard  against  any  encroachments  on  the  rights  herein 
retained,  we  declare  that  everything  in  this  Declaration 
of  Rights  is  excepted  out  of  the  general  powers  of  gov- 
ernment, and  shall  forever  remain  inviolate. 

Was  read  at  length  and,  on  motion  of  Mr.  Lomax,  was 
adopted. 

Mr.  Lomax  moved  that  the  Article  on  Preamble  and 
Declaration  of  Rights  be  ordered  engrossed,  and  that  it 
be  ordered  to  a  third  reading  after  engrossment. 

The  motion  prevailed,  and  the  article  was  ordered 
engrossed  for  a  third  reading. 

ADJOURNMENT. 

The  hour  of  6  o'clock  p.  m.  having  arrived,  under  the 
rules  the  Convention  adjourned  until  to-morrow  morn- 
ing: at  9 :30  o'cloek. 


FORTIETH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Tuesday,  July  9,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Praver  was  offered  bv  Rev.  Mr.  Dix  of  the  citv. 


Constitutional  Convention. 


661 


ROLL  CALL. 


On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 
Almon, 
Ashcraft, 
Banks, 
Barefield, 
Beavers, 
Beddow, 
Bethune, 
Blackwell, 
Boone, 
Brooks, 
Browne, 
Bulger, 
Burns, 
Byars, 

Carmichael  (Colbert), 
Carnathon, 
Chapman, 
Cobb, 
Cofer, 

Coleman  (Greene), 
Cornwell, 
Craig, 

CTinningham. 
Davis  (DeKalh), 
Davis  (Etowah), 
Dent, 

deOrnffenried, 
Duke, 
Eley, 
Eyster, 
Espy. 
Ferguson, 
Fitts. 
Fletcher, 


Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Greer  (Ferry), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Hell  in  (Randolph), 

Hinson, 

Hodges, 

Hood,      ' 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

fori  hotter, 

Leigh, 

Long  (Butler), 

Lons:  (Walker), 

Lowe  (Lawrence)',, 


^62 


Journal  of  Alabama 


Macdonald, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Eeese, 

Eenf  ro, 

Reynolds  ( Chilton  j, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 


Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weatherly, 

Wliite, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  (Marengo). 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washing-ton) 


-128 


LEAVE   OF   ABSENCE 

Was  granted  to  Messrs.  Henderson,  Moody  and  Tay- 
loe  for  to-day ;  Hinson  for  to-day ;  Lomax  for  the  week ; 
Burnett  for  to-day. 

REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 


The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 


Constitutional  Convention.  663 

The  Committee  on  the  Journal  beg  leave  to  report  that 
they  have  examined  the  Journal  for  the  thirty-ninth  day 
of  the  Convention,  and  that  the  same  is  correct. 

Kespectfully  submitted, 

John  F.  Proctor,  Chairman. 

resolutions. 

Mr.  Williams,  of  Marengo,  offered  the  following  reso- 
lution, which  A\as  read  at  length,  and  the  rules  were 
suspended  and  the  resolution  was  adopted : 

Resolution  232,  by  Mr.  Williams,  of  Marengo : 

Whereas,  This  Convention  is  in  session  by  virtue  of 
an  act  of  the  last  General  Assembly  commonl}'  called 
-and  known  as  ''the  Harwood  Bill,"  so  called  from  the 
name  of  the  author  of  the  bill,  the  Hon.  Bernard'  Har- 
wood, the  distinguished  member  of  said  Assemblj'  from 
the  county  of  Greene,  and 

Whereas,  this  member  of  the  Assembly  is  at  fjresent 
in  jMontgomery ; 

Now,  be  it  resolved.  That  the  privileges  of  the  floor  of 
this  Convention  be  and  is  extended  to  the  Hon,  Bernard 
Harwood  of  Greene. 

ordinances  on  first  reading. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Ordinance  416,  by  Mr.  Beddow: 

To  prohibit  the  hiring  or  leasing  of  convicts  in  this 
State. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

stenographic  report. 

Messrs.  Sanford,  Brooks  and  Weatherly  called 
■attention  of  the  Convention  to  certain  errors  in  the 
stenographic  report  of  the  proceedings  of  yesterday. 


664  JOUENAL   OF    AJ.AKAMA 

The  report  was  ordered  corrected. 

SPECIAL  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the 
special  order  Avhich  was  the  report  of  the  Committee  on 
Local  Legishition,  and  a  supplementary  report  thereto 
by  the  Committee  on  Legislative  Department. 

"  Section  1  of  the  ordinance  was  read  at  length  as  fol- 
lows : 

ARTICLE  — 

LOCAL  LEGISLATION. 

Section  1.  The  General  Assembly  shall  not  pass  a 
special,  private  or  local  law  in  any  of  the  followins: 
cases : 

First — Granting  a  divorce. 

Second — Relieving  any  minor  of  the  disabilities  of 
non-age. 

Third — Changing  the  name  of  any  corporation,  asso- 
ciation or  individual. 

Fourth — Providing  for  the  adopti(m  or  legitimizing 
of  any  child. 

Fifth — Incorporating  a  town,  city  or  village. 

Sixth — Granting  a  charter  to  any  corporation,  asso- 
ciation or  individual. 

Seventh.- — Establishing  rules  of  descent  or  distribu- 
tion. 

Eighth — Regulating  the  time  within  which  a  civil  or 
criminal  action  may  be  begun. 

Ninth^Exempting  any  person,  corporation,  county, 
township,  municipality  or  association  from  the  oper- 
ation of  any  general  law. 

Tenth— Providing  for  the  sale  of  the  property  of  any 
individual  or  estate. 

Eleventh — Changing  or  locating  a  county  seat. 

Twelfth — Providing  for  a  chanue  of  venue  in  any 
case. 

Thirteenth — Regulating  the  rate  of  interest. 


CUXSTITUTIOXAL   COXVKNTIOX.  665 

Fourteenth — Granting  any  exeliisive  or  special  privi- 
lege, immunity  or  franchise  whateyer. 

Fifteenth — Fixing  the  punishment  of  crime  or  mis- 
demeanors. 

Sixteenth — Providing  for  or  regulating  either  the  as- 
sessment or  collection  of  taxes. 

Seventeenth — Giving  effect  to  invalid  will,  deed  or 
other  instrument. 

Eighteenth — Legalizing  the  invalid  act  of  any  officer. 

Nineteenth — Authorizing  any  township,  city,  town  or 
village  to  issue  bonds  or  other  securities. 

Twentieth — Amending,  confirming  or  extending  the 
charter  of  any  corporation  or  remitting  the  forfeiture 
thereof.  '' 

Twenty-first — Creating,  extending  or  impairing  any 
lien. 

Twenty-second — ^Chartering  or  licensing  any  ferry, 
road  or  bridge. 

Twenty-third — Regulating  the  jurisdiction  and  fees 
of  Justices  of  the  Peace,  and  fees  of  Constables, 

Twenty-fourth — Establishing  separate  school  dis- 
tricts. 

Twenty-fifth — Establishing     separate  stock  districts. 

Twenty-sixth — Creiating,  increasing  or  decreasing 
fees,  percentage  or  allowances  of  public  officers.  No 
special,  private  or  local  law,  except  a  law  fixing  the 
time  of  liolding  courts,  shall  be  enacted  in  any  case, 
which  is  provided  for,  by  a  general  law,  or  when  the  re- 
lief sought  can  be  given  by  any  court  of  this  State,  and 
the  courts  and  not  the  General  Assembly  shall  judge 
as  to  whether  the  matter  of  said  law  is  provided  for  by 
a  general  law,  and  as  to  whether  the  relief  sought  can 
be  given  by  any  court;  nor  shall  the  General  Assembly 
indirectly  enact  any  such  special,  private  or  local  law 
by  the  partial  repeal  of  a  general  law.  The  General  As- 
sembly shall  pass  general  laws  for  the  cases  enumer- 
ated in  this  section. 

Mr.  O-Neal,  of  Lauderdale,  moved  that  Section  1  be 
considered  by  subdivisions. 

The  motion  prevailed,  and  subdivision  1  was  read  at 
length,  as  follows,  and  adopted : 


666  Journal  of  Alabama 

Section  1.  The  General  Assembly  shall  not  pass  a 
special,  private  or  local  law  in  any  of  the  following 
cases : 

First — Granting  a  divorce. 

Subdivisions  2  and  3  were  read  at  length,  and  adopted 
as  follows: 

Second — Relieving  any  minor  of  the  disabilities  of 
non^age. 

Third — Changing  the  name  of  any  corporation,  asso- 
ciation or  individual. 

Subdivision  4  was  read  at  length,  as  follows : 

Fourth — Providing  for  the  adoption  or  legitimizing 
of  any  child. 

Mr.  Ashcraft  otfered  the  following  amendment  to 
subdivision  4 : 

Amend  subdivision  4  of  Section  1  by  striking  out  "le- 
gitimatizing" and  inserting  in  lieu  thei*eof  "legitima- 
tion." 

The  amendment  of  Mr.  Ashcraft  was,  on  motion  of 
Mr.  Watts,  laid  upon  the  table. 

Subdivisions  5,  6,  and  7  were  read  at  length  as  fol- 
lows and  adopted : 

Fifth — Incorporating  a  town,  city  or  village. 

Sixth— Granting  a  charter  to  any  corporation,  asso- 
ciation or  individual. 

Seventh — Establishing  rules  of  descent  or  distribu- 
tion. 

Subdivision  8  was  read  at  length  as  follows,  and 
adopted : 

Eighth — Eegulating  the  time  within  which  a  civil  or 
criminal  action  nuiy  be  begun. 

Subdivision  9  was  read  at  length  as  follows : 

Ninth — Exempting  any  person,  corporation,  county, 
township,  municii)ality  or  association  from  the  oper- 
ation of  any  general  law. 

Mr.  Cunningham  otfered  the  following  amendment  to 
subdivision  0 : 

Amend  subdivision  9,  Section  1,  Article  on  Local  Leg- 
islation :  Add  at  the  end  of  said  subdivision  the  follow- 
ing words:  Provided  that  this  section  shall  not  apply 


Constitutional  Convention. 


667 


to  the  regulation  of  the  sale  of  spirituous,  vinous  or 
malt  liquors. 

Mr.  Wilson,  of  Clarke,  offered  the  following  substitute 
for  the  amendment  offered  by  Mr.  Cunningham : 

Strike  out  the  word  person  and  insert  in  lieu  thereof 
the  word  "individual,"  and  strike  out  the  words  "county, 
township  and  municipality"  when  they  occur  in  the  sub- 
division, and  insert  the  word  "private"  before  the  word 
corporation. 

Mr.  Jones,  of  Montgomery,  moved  to  table  subdivision 
9  and  the  pending  amendments. 

A  division  of  the  question  was  demanded. 

On  a  division  of  the  question  the  question  recurred 
upon  the  motion  to  table  the  substitute  offered  by  Mr. 
Wilson,  of  Clarke. 

The  motion  to  table  was  lost :  Yeas,  48 ;  nays,  76. 


YEAS. 


Messrs.  Bartlett, 

Blackwell, 

Byars, 

Case, 

Chapman, 

Cofer, 

Cornwell, 

Craig, 

Davis  (Etowah), 

Duke, 

Espy, 

Foshee, 

Oilmore, 

Glover, 

Greer  (Calhoun), 

Haley, 

Heflin  (Randolph), 

Hinson, 

Howze, 

Inge, 

Jenkins, 


Jones  (Montgomery), 

Jones  (Wilcox), 

Kirkland, 

Kyle, 

Long  (Butler), 

.Alacdonald, 

Malone, 

Martin, 

Gates, 

O'Neal  (Lauderdale), 

Phillips, 

Porter, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Sentell, 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 


668 


Journal  of  Alabama 


Spears, 

Waddell, 

Walkei', 


Messrs.  Ashcraft, 

Banks, 

Barefield, 

Beavers, 

Beddow, 

Bethiine, 

Boone, 

Brooks, 

Browne, 

Bill  O'er, 

Byars, 

Carmicliael  ( Colbert ) , 

Carnathon, 

Cobb, 

Coleman  (Greene), 

Cunningham, 

Davis  (DeKalb), 

Dent, 

deOraffenried, 

Eley, 

Eyster, 

Ferguson, 

Fitts, 

Fletcher, 

Foster, 

Freeman, 

Grayson.  •v 

Greer  (Perry), 

Harrison, 

Heflin  (Chambers), 

Hodges, 

Hood, 

Howell, 

Jnokson, 

Jones  (Bibb), 


Watts, 

Whiteside, 

Wilson  ( Washington ) 


NAYS. 


Jones  (Hale),. 

Kirk, 

Knight, 

Ledbetter, 

Leigh, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

McMillan  (Wilcox), 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Renfro, 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Samford, 

Son  rev, 

Selheimer, 

Sloan, 

Smith  (Mobile), 

Sorrell, 

Snragins, 

Stewart, 


CoXtiTITUTIOXAL  CONVENTION.  669 

Thompson,  Williams -(Barbour), 

Yaughan,  Williams  (Marengo), 

Weatherly,  Wilson  (Clarke) — 76. 

On  motion  of  Mr.  O'Neal,  of  Lauderdale,  Mr.  Jones, 
of  Montgomery,  was  allowed  to  withdraw  his  motion 
to  table  subdivision  9  and  pending  amendments. 

Mr.  Wilson,  of  Clarke,  thereupon  moved  that  subdi- 
vision 9,  as  amended,  be  adopted. 

The  motion  prevailed,  and  subdivision  9,  as  amend- 
ed, was  adopted. 

Subdivision  10  was  read  at  length  and  adopted. 

Tenth — Providing  for  the  sale  of  the  property  of  any 
individual  or  estate. 

Subdivision  11  was  read  at  length,  as  follows: 

Eeventh — Changing  or  locating  a  eounty  seat. 

Mr.  Pillans  offered  the  following  amendment  to  sub- 
division 11 : 

Amend  Section  1  of  Article  on  Local  Legislation: 
Strike  out  subdivision  11. 

On  motion  of  Mr.  deGraffenried  the  amendment  was 
laid  upon  the  table. 

Mr.  Barefield  offered  the  following  amendment  to 
subdivision  11 : 

Amend  subdivision  11  by  striking  out  the  word 
"seat"  and  add  the  word  "site." 

Upon  moton  of  Mr.  Watts  the  amendment  was  laid 
upon  the  table. 

Mr.  Cobb  moved  that  the  further  consideration  of 
subdivision  11  be  postponed  until  the  report  of  State 
and  County  Boundaries  was  taken  up  for  consideration. 

RECESS. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Local  Legislation,  the  hour  of  1  o'clock 
having  arrived,  the  Convention  took  a  recess  until  3 :30 
p.  m. 


670 


Journal  of  Alarama 
EVENING  SESSION. 


The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constitute  a 
quorum : 


Messrs.  President, 

Espy, 

Almoii, 

Fletcher, 

Ashcraft, 

Foshec, 

Banks, 

Foster, 

Barefield, 

Freeman, 

Bartlett, 

Gilmore, 

Beavers, 

Glover, 

Beddow, 

Graham  (Montgomery), 

Bethune, 

Graham  (Talladega), 

Blackwell, 

Grant, 

Boone, 

Greer  (Calhoun), 

Brooks, 

Greer  (Perry), 

Browne, 

Haley, 

Bulger, 

Harrison, 

Burns, 

Heflin  (Chambers), 

Byars, 

Heflin  (Randolph), 

Carmichael  (Colbert), 

Hinson, 

Carnathon, 

Hodges, 

Case, 

Hood, 

Chapman, 

ITowell, 

Cobb, 

Howze, 

Cofer, 

Inge, 

Coleman  (Greene), 

Jackson, 

Coleman  (Walker), 

Jenkins, 

Craig, 

Jones  (Bibb), 

Cunningham, 

Jones  (Hale), 

Davis  (DeKalb), 

Jones  (Montgomery)^ 

Dent, 

Jones  (Wilcox), 

deGraffenried, 

Kirk, 

Duke, 

Kirkland, 

Eley, 

Knight, 

Eyster, 

Kyle, 

Constitutional  Convention. 


671 


Ledbetter, 

Leigh, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Mnrphree, 

NeSmitli, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Kec  '• 

Renfro, 


Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Thompson, 

Walker, 

Watts, 

Weatherly, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  ( Marengo) , 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington)— 122 


Resolution  233,  by  Mr.  Long,  of  Walker : 
Resolved,  That  in  order  to  save  some  of  the  precious 
time  of  this  Convention  and  at  the  same  time  afford  op- 
portunity to  the  parliamentary  tacticians  of  the  Con- 
vention to  display  their  talents  with  typewTitten 
speeches,  Monday  in  each  week  without  pay  to  speakers 
be  and  is  hereby  set  apart  and  consecrated  to  the  exclus- 
ive use  of  said  parliamentary  tactician. 

Resolved  further,  That  on  said  day  all  delegates  ex- 
cept the  tacticians  be  and  they  are  hereby  excused  from 


672  Journal  of  Alabama 

attendance ;  and  that  no  deduction  from  their  pay  shall 
be  made  on  account  of  their  absence. 

Kesolved  further,  That  the  day  set  apart  to  the  tacti- 
cians shall  not  be  deducted  from  the  total  number  of 
working  days,  for  adopting  ordinances  and  other  inci- 
dental business  of  the  Convention, 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

UNFINISHED    BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Local  Legislation. 

The  question  was  upon  the  motion  of  Mr.  Cobb  to 
posti3one  the  consideration  of  subdivision  11. 

By  unanimous  consent  the  motion  of  Mr.  Cobb  was 
withdrawn. 

Mr.  Jenkins  offered  the  following  amendment  to  sub- 
division 11 : 

Amend  subdivision  11  by  adding  the  following:  Ex- 
cept upon  a  two-thirds  vote  of  the  people  of  the  county 
to  be  affected. 

On  motion  of  Mr.  Davis,  of  DeKalb,  the  amendment 
was  laid  upon  the  table. 

Subdivisions  12  and  13  were  read  at  length  as  fol- 
lows and  adopted : 

Twelfth — Providing  for  a  change  of  venue  in  any 
case. 

Thirteenth — Regulating  the  rate  of  interest. 

Subdivision  14  was  read  at  length  as  follows: 

Fourteenth — Granting  any  exclusive  or  special  privi- 
lege, immunity  or  franchise  whatever. 

Mr.  Ashcraft  offered  the  following  amendment  to 
subdivision  14 : 

Amend  paragraph  14  by  inserting  after  the  word 
"granting"  the  following  words:  "To  any  individuals, 
private  corporation  or  association." 

Mr.  Cunningham  offered  the  following  substitute  for 
the  amendment  of  Mr.  Ashcraft : 


Constitutional  Convention. 


673 


Amend  subdivision  14,  Section  1  by  adding  after  the 
word  "whatever :"  ^'Provided  that  the  provisions  of  this 
subdivision  shall  not  apply  to  any  county,  township, 
municipality  or  benevolent  association." 

Mr.  O'Neal,  of  Lauderdale,  moved  to  table  the  sub- 
stitute and  amendment. 

The  motion  prevailed,  and  the  substitute  and  amend- 
ment were  laid  on  the  table. 

Mr.  deGraffenried  moved  to  table  subdivision  14. 

The  motion  was  lost :  Yeas,  43,  nays,  73. 


Messrs.  Ashcraft, 

Banks, 

Beavers, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Carmichael  ( Colbert) , 

Cunningham, 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Foshee, 

Graham  (Talladega). 

Greer  (Perry), 

Heflin  (Randolph), 

Hodges, 

Jones  (Wilcox), 

Kirkland, 

Knight, 


YEAS. 


Kyle, 

Ledbetter, 

Long  (Walker), 

McMillan  (Wilcox), 

Mai  one, 

Merrill, 

Murphree, 

Norman, 

Norwood, 

Parker  (Elmore), 

Pearce, 

Pillans, 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Smith  (Mobile), 

Smith,  Morgan  M., 

Stewart, 

Thompson, 

Wilson  (Clarke), 

Winn— 43. 


NAYS. 


Messrs.  President, 

Almon, 

Barefield, 


43 


Bartlett, 
Beddow, 
IBrownie, 


674 


Journal  of  Alabama 


Bulger, 

Byars, 

Carnathon, 

Chapman, 

Cobb, 

Cofer, 

Cornwell, 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Espy, 

Fletcher, 

Foster, 

Freeman, 

Glover, 

Graham  (Montgomery), 

Grant, 

Greer  (Calhoun), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Hinson, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Leigh, 

Long  (Butler), 


Lowe  (Jefferson), 

Lowe  (Lawrenee), 

Macdonald, 

Martin, 

Maxwell, 

Gates, 

O'Neal  (Lauderdale), 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Pitts, 

Porter, 

Renfro, 

Reynolds  (Henry), 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith,  Mac.  A., 

Spears, 

Spragins, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weatherly, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  (Elmore) — 73. 


Mr.  Samford  offered  the  following  amendment  to  sub- 
division 14 : 

Amend  by  adding  after  the  word  "whatever"  the  fol- 
lowing :  "Provided,  however,  the  Legisature  shall  not 
Tbe  prohibited  from  authorizing  any  municipality  or 
county  from  conducting  a  dispensary." 


Constitutional  Convention. 


675 


Mr.  Boone  offered  the  following  amendment  to  the 
amendment  of  Mr.  Samford  for  subdivision  14: 

To  amend  the  amendment  by  adding  the  following 
words :  "Nor  to  abrogate  any  special  privilege  now  ex- 
isting in  any  county,  city  or  town  by  charter  or  statute." 

On  motion  of  Mr.  Pettus  the  amendment  of  Mr. 
Boone  was  laid  upon  the  table. 

Mr.  Watts  moved  to  table  the  amendment  of  Mr. 
Samford. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

Mr.  O'Neal  moved  to  adopt  subdivision  14. 

The  motion  was  put,  and  subdivision  14  was  lost: 
Yeas,  54;  nays,  64. 


YEAS. 


^Messrs.  Almon, 

Barefield, 

Bartlett, 

Browne, 

Bvars, 

Carnathon, 

Chapman, 

Cofer, 

Cornwell, 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Fletcher, 

Glover, 

Graham  (Montgomery), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Haley, 

Harrison, 

Hinson, 

Hood, 

Inge, 

Jackson, 


Jenkins, 

Jones  (Bibb), 

Jones  (Hale),, 

Kyle, 

Leigh, 

Long  (Butler), 

Long  (Walker),  \ 

Lowe  (Lawrence), 

Macdonald, 

Miller  (Wilcox), 

Oates, 

O'Neal  (Lauderdale),. 

Palmer, 

Phillips, 

Porter, 

Renfro, 

Reynolds  (Henry), 

Robinson, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sloan, 

Smith,  Mac.  A. 


676 


Journal  of  Alabama 


Spragins, 
Waddell, 
Walker, 


Watts, 

Whiteside, 

Williams  (Marengo) — 54. 


NAYS. 


Messrs.  President, 

Ashcraft, 

Banks, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Burns, 

Carmichael  (Colbert), 

Case, 

Cobb, 

Coleman  ( Greene  )> 

Cunningham, 

Dent, 

deOraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Fitts, 

Foshee, 

Graham  (Talladega), 

Greer  (Perry), 

Heflin  (Chambers), 

Howell, 

Howze, 

Jones  ( Montgomery^ , 

Jones  (Wilcox), 

Kirk, 


Kirkland, 

Knight, 

Ledbetter, 

LoAve  (Jefferson), 

McOIillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Murphree, 

Norman, 

Norwood, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Reese, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sentell, 

Smith  (Mobile), 

Smith,  Morgan  M., 

Stewart, 

Thompson, 

Vaughan, 

White, 

Williams  (Barbour), 

Williams  (Elmore), 

Winn— 64. 


Constitutional  Convention.  677 

Subdivision  15  was  read  at  length  as  follows : 

Fifteenth — Fixing  the  punishment  of  crime  or  mis-- 
demeanors. 

Mr.  Walker  offered  the  following  amendment,  which 
was  adopted: 

Amend  by  striking  out  the  words  "or  misdemeanors.'^ 

Mr.  Carmichael,  of  Colbert,  moved  to  strike  out  sub- 
division 15  and  pending  amendments. 

The  motion  was  lost. 

Mr.  O'Neal,  of  Lauderdale,  moved  to  adopt  subdivisioui 
15  as  amended. 

The  motion  prevailed,  and  subdivision  15,  as  amend- 
ed, Avas  adopted. 

Subdivision  16  was  read  at  length  as  follows: 

Sixteenth — Providing  for  or  regulating  either  the  as'- 
sessment  or  collection  of  taxes. 

Mr.  Smith,  of  Mobile,  moved  the  following  amend- 
ment : 

Amend  subdivision  16  of  Section  1  of  the  report  of 
the  Committee  on  Local  Legislation  (1)  by  substitat- 
ing  a  comma  at  the  end  of  the  sul>division  for  the  semi- 
colon now  there;  (2)  by  adding  at  the  end  of  the  sub- 
division the  folloAving,  viz :  Except  in  connection  with 
the  readjustment,  removal  or  extension  of  municipal 
indebtedness  prior  to  the  adoption  of  the  Constitution 
of  1875." 

Mr,  Foster  offered  the  following  amendment  to  the 
amendment  of  Mr.  Smith,  of  Mobile,  which  was  adopted : 

Amend  by  striking  out  the  words  "providing  for  or." 

Mr.  Kirk  moved  to  table  subdivision  16  and  pending 
amendments. 

The  motion  was  lost. 
The   question   recurred   upon   the   adoption   of   the 
amendment  as  amended  offered  by  Mr.  Smith,  of  Mo- 
bile. 

The  amendment,  as  amended,  was  adopted,  and  sub- 
division 16,  as  amended,  was  adopted. 

Subdivision  17  was  read  at  length  as  follows: 

Seventeenth — Giving  effect  to  invald  will,  deed  or 
other  instrument.       • 


•678  Jguunal  of  Alabama 

By  unanimous  consent  subdivison  17  was  amended 
by  inserting  the  word  "an"  after  tbe  word  "to"  and  be- 
fore the  word  "invalid." 

Subdivision  17,  as  amended,  was  adopted. 

Subdivision  18  was  read  at  length  as  follows: 

Eighteenth — Legalizing  the  invalid  act  of  any  officer. 

Mr.  Jones,  of  Montgomery,  offered  the  following 
amendment : 

Amend  Section  1  by  striking  out  the  eighteenth  sub- 
division. 

The  amendment  was  adopted,  and  subdivision  18  was 
stricken  out. 

Subdivision  19  was  read  at  length  as  follows: 

Nineteenth — ^Authorizing  any  township,  city,  town  or 
village  to  issue  bonds  or  other  securities. 

Mr.  Smith,  of  Mobile,  offered  the  following  amend- 
ment : 

Amend  subdivision  19  of  Section  1  of  the  report  of 
the  Committee  on  Local  Legislation  by  adding  at  the  end 
of  the  subdivision  the  following,  viz : 

Except  in  connection  with  the  readjustment,  removal 
or  extension  of  existing  municipal  indebtedness  created 
prior  to  the  adoption  of  the  Constitution  of  1875. 

adjourn:ment. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Ix)cal  Legislation,  the  hour  of  6 
o'clock  p.  m.  having  arrived,  under  the  rules  the  Con- 
vention adjourned  until  to-morrow  morning  at  9  :30. 


FORTY-FIRST  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Wednesday,  July  10,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Dix  of  the  city. 


Constitutional  Convention. 


679 


ROLL  CALL, 


On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum  : 


Messrs.  President, 

Almon, 

Ashcraft, 

Banks, 

Barefield, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

C'unningham, 

Davis  (DeKalb), 

Davis  (Etow^ah), 

Dent, 

Duke, 

Elev, 

Eyster, 

Espy, 

FergnsoB, 

Fitts, 


Fletcher, 

Poshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

(3  ray  son, 

Haley, 

Harrison, 

Heflin  (Chambers), 

rieflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howell, 

HOwze, 

Inge, 

Jackson, 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lowe  (Jefferson), 

Lowe  (Law^renee), 

^facdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 


680 


Journal  of  Alarama. 


Merrill, 

Miller  (Marengo), 

Miller  ( Wilcox  1 

Moody, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Eenfro, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 


Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mae.  A., 

Smith,  Morgan  M.,. 

Spears, 

Spragins, 

Stewart, 

Thompson, 

Vanghan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherlv, 

White, 

Whiteside, 

Williams  (Barbour),. 

^Am  1 1  i  ams  ( Marengo ) 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington), 

Winn— 129. 


LEAVE  OF   ABSENCE 

Was  granted  to  Mr.  Jenkins  for  to-day  and  to-mor^ 
row;  to  Mr.  Locklin  indefinitely  on  account  of  sickness ;^ 
to  Messrs.  Sollie  and  Tayloe  for  to-day,  and  to  Mr. 
Weatherlev  for  the  afternoon  session. 


REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  follo-vVing  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  thev  have  examined  the  Journal  for  the  fortieth 


Constitutional  Convention.  681 

day  of  the  Convention,  and  that  the  same  is  correct. 
Respectfully  submitted, 

John  F.  Proctor^,  Chairman. 

RESOLUTIONS  ON  FIRST  READING. 

The  following:  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows: 

Resolution  234,  by  Mr.  Graham,  of  Talladega: 

Resolved,  That  beginning  with  next  Monday  at  8:30 
this  Convention  shall  hold  evening  sessions  each  day 
from  8  :30  to  10  o'clock. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  235,  by  Mr.  Burns : 

Resolved,  That  the  Committee  on  Fees,  Printing,  etc., 
report  to  this  Convention  what  it  cost  per  day  to  run 
the  Convention,  and  recommend  some  reduction  of  ex- 
penses. 

The  resolution  was  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 

Resolution  236,' by  Mr.  Kirk: 

Relating  to  the  powers  of  municipal  corporations  to 
create  debts. 

Whereas,  Section  10  of  the  article  on  Taxation  adopt- 
ed by  this  Convention  on  Friday,  the  5th  day  of  July, 
1901,  providing  a  debt  limit  for  municipal  corporations, 
makes  an  innovation  in  the  laws  of  this  State  as  here- 
tofore existed,  under  which  many  of  the  towns  and  cities 
have  created  obligations  which  exceed  the  debt  limit; 
and 

Whereas  such  towns  and  cities  under  the  operation  of 
Section  10  are  prevented  from  creating  any  additional 
debt,  and  are  unable  to  protect  themselves  from  extor- 
tion in  the  matter  of  securing  water,  lights  and  sewer- 
age, now,  inasmuch  as  the  cities  of  Sheffield  and  Tus- 
cumbia  have  requested  that  thev  be  allowed  to  pay  off 
and  adjust  their  obligation  under  the  laws  as  they  ex- 
isted at  the  time  their  debts  were  created; 


682  Journal  of  Alabama 

Therefore,  be  it  resolved,  That  the  cities  of  Sheflfield 
and  Tuscumbia  be  exempt  from  the  operation  of  Section 
10  of  said  Article  on  Taxation, 

The  resolution  was  referred  to  the  Committee  on 
Taxation. 

Resolution  237,  b}^  Mr.  deGraffenried : 

Resolved,  That  after  the  present  week  this  Conven- 
tion shall  dispense  with  all  clerks  of  committees  except 
the  clerk  of  the  Committee  on  Rules  and  a  clerk  for  the 
Committee  on  the  Order,  Harmony  and  Consistency  of 
the  Whole  Constitution, 

Resolved  further.  That  the  clerks  of  the  Committees 
on  Rules  and  of  the  Order,  Harmony  and  Consistency 
of  the  Whole  Constitution  shall  serve  the  chairmen  of 
the  other  committees  when  their  services  are  required. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Oixlinance  417,  by  Mr,  Lowe,  of  Jefferson: 

To  amend  Section  13  of  an  ordinance  entitled  "An 
ordinance  to  create  and  define  the  Executive  Depart- 
ment.'' 

The  ordinance  was  referred  to  the  Committee  on 
Executice  Department, 

COMMITTEE    GRANTED   LEAVE   TO   SIT    DURING   SESSION. 

On  motion  of  Mr.  Graham,  of  Talladega,  the  Com- 
mittee on  Education  was  granted  leave  to  sit  during 
the  morning  session  of  to-day. 

RECONSIDERATION. 

Mr,  Williams,   of  Elmore,   moved   to  reconsider   the 
vote  by  which  subdivision  14  was  lost  on  yesterday. 
The  motion  to  reconsider  was  lost. 


Constitutional  Convention.  683 

REPORT   OF   the   COMMITTEE   ON    RUL^S. 

Mr.  Smith,  of  Mobile,  acting  cliairmaii  of  the  Com- 
mittee on  l\iiles,  reported  favorably  the  following  reso- 
lutions, which  were  adopted : 

Eesolution  228,  by  Mr.  White : 

Resolved,  That  the  President  of  this  Convention  ap- 
point a  committee  of  five,  whose  duty  it  shall  be  to  see 
that  all  articles  adopted  by  this  Convention  are  properly 
engrossed;  said  committee  to  be  known  as  the  Com- 
mittee on  Engrossment. 

Resolution  229,  by  Mr.  White : 

Resolved,  That  when  any  article  has  been  adopted, 
300  copies  thereof  shall  be  printed  for  the  use  of  the 
members  of  this  Convention. 

Mr.  Smith,  of  Mobile,  acting  cliaiiinan  of  the  Com- 
mittee on  Rules,  also  reported  the  following  resolution 
without  recommendation : 

Resolution  213,  by  Mr.  Fletcher : 

Whereas,  This  Convention  was  called  chiefly  to  make 
a  Constitution  regulating  suffrage  and  taxation;  and 

AMiereas,  More  than  one-half  of  the  time  alloted  for 
its  work  by  the  enabling  act  has  been  consumed  in  the 
passage  of  one  article;  and 

Whereas,  Expedition  is  plainly  essential  to  the  cann- 
ing out  of  the  purpose  for  which  this  Convention  as- 
sembled, and  to  economize  expenses  to  the  State ;  and 

'H'Miereas,  It  is  believed  that  the  consideration  and 
disposition  of  the  Suffrage  article  as  soon  as  possible 
will  greatl}'  facilitate  and  hasten  to  completion  the 
business  now  before  the  Convention; 

Therefore,  be  it  resolved.  That  after  the  adoption  of 
the  article  now  being  discussed,  the  article  on  Suffrage 
shall  be  taken  up  for  consideration,  and  continued  until 
finally  disposed  of; 

Be  it  further  resolved,  That  all  articles  heretofore 
made  special  orders  shall  be  postponed  and  taken  up  in 
their  regular  order  after  the  article  on  Suffrage  shall 
have  been  adopted. 

Mr.  Coleman,  of  Greene,  offered  the  following  amend- 
ment to  resolution  213 : 


684  Journal  of  Alabama 

Amend  t)y  setting  report  of  Suffrage  and  Elections 
for  a  special  order  on  next  Tuesday  immediately  after 
reading  of  the  Journal. 

On  motion  of  Mr.  Pettus  the  resolution  and  amend- 
ment were  laid  upon  the  table. 

STENOGRAPHIC  REPORT. 

Mr.  Beddow  called  the  attention  of  the  Convention 
to  certain  errors  in  the  stenographic  report  of  the  pro- 
ceedings of  yesterday. 

The  report  was  ordered  corrected. 

Mr.  Coleman,  of  Greene,  moved  to  set  the  report  of 
the  Committee  on  Suffrage  and  Elections  for  special 
order  after  the  consideration  of  the  reports  now  on  the 
table. 

On  motion  of  Mr.  Sanders  the  motion  of  Mr.  Coleman 
of  Greene  was  laid  upon  the  table. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Local  Legislation. 

The  question  was  upon  the  adoption  of  the  amend- 
ment offered  bv  ^Lr.  Smith,  of  Mobile,  to  subdivision 
19. 

]\[r.  Eyster  offered  the  following  substitute  for  sub- 
division 19  and  pending  amendment : 

Resolved,  That  subdivision  19  of  Section  1  be  stricken 
from  said  section. 

On  motion  of  Mr.  Dent  the  amendment  and  substitute 
were  laid  upon  the  table. 

Mr.  O'Neal,  of  Lauderdale,  offered  the  following 
amendment  to  subdivision  19.  which  was  adopted: 

Amend  Section  1,  subdivision  19,  Article  -^,  Local 
Legislation,  by  adding  the  Avord  county  before  word 
township,  And  adding,  at  end  of  said  subdivision  the 
following:  Except  in  cases  in  which  the  issuance  of  said 
bonds  or  other  securities  ha^s  been  authorized  by  a  vote 
of  the  duly  qualified  electors  of  such  county,  township^ 


Constitutional  Convention.  685 

<citj,  town  or  village,  at  an  election  lield  for  such  pur- 
pose in  the  manner  that  may  be  prescribed  by  law ;  pro- 
vided the  General  Assembly  may  pass  special  laws  to 
refund  bonds  issued  before  the  date  of  the  ratification 
•of  this  Constitution. 

On  motion  of  Mr.  O'Neal,  of  Lauderdale,  subdivision 
19,  as  amended,  was  adopted. 

Subdivision  20  was  read  at  length  as  follows: 

Twentieth — Amending,  confirming  or  extending  the 
charter  of  any  corporation  or  remitting  the  forfeiture 
thereof. 

Mr.  O'Neal,  of  Lauderdale,  offered  the  following 
amendment  to  subdivision  20 : 

Amend  subdivision  20  by  inserting  the  words  "pri- 
vate or  municipal"  between  the  words  ''any"  and  "cor- 
poration" in  the  first  line. 

The  amendment  was  accepted,  and  subdivision  20,  as 
:amended,  was  adopted. 

Subdivisions  21  and  22  were  read  at  length  as  fol- 
lows, and  adopted: 

Twenty-first — Creating,  extending  or  impairing  any 
lien. 

Twenty-second — ^Chartering  or  licensing  any  ferry, 
road  or  bridge. 

Subdivision  23  was  read  at  length  as  follows : 

Twenty-third — Regulating  the  jurisdiction  and  fees 
of  Justices  of  the  Peace,  or  the  fee:^  of  Constables. 

Mr.  Long,  of  Walker,  offered  the  following  amend- 
ment to  subdivision  23 : 

Amend  subdivision  23  by  striking  out  the  words 
"jurisdiction  or"  in  the  twenty-eighth  line. 

Mr.  Watts  moved  to  strike  out  the  word  "and"  and 
insert  the  word  "or"  after  the  word  jurisdiction. 

The  motion  prevailed. 

Mr,  NeSmith  offered  the  following  substitute  for  the 
amendment  of  Mr.  Long,  of  Walker : 

To  amend  subdivision  23  of  Section  1  so  as  to  make 
the  same  read  as  follows :  23.  Regulating  the  jurisdic- 
tion of  Justices  of  the  Peace,  except  in  precincts,  in 
whole  or  in  part,  within  towns  of  2,500  inhabitants  or 


686  Journal  of  Alabama 

more;  and  regiilatinj>  the  fees  of  Justices  of  the  Peace 
or  the  fees  of  Constables, 

On  motion  of  Mr.  Watts  the  amendment  and  substi- 
tute were  laid  'Ji>on  the  table. 

Mr.  Williams,  of  Marengo,  offered  the  following 
amendment  to  subdivision  23 : 

Amend  by  adding  at  end  of  subdivision  23  of  Section 
1  the  following:  Except  said  office  of  Justice  of  the 
Peace  may  be  abolished  in  certain  sections. 

On  motion  of  Mr.  dedraffeuried  the  amendment  of 
Mr.  Williams,  of  Marengo,  was  laid  upon  the  table. 

Mr.  Jones,  of  Hale,  offered  the  following  amendment 
to  subdivision  23 : 

Amend  by  striking  out  subdivision  23  of  Section  1. 

On  motion  of  Mr.  Waddell  the  amendment  of  Mr. 
Jones,  of  Bibb,  was  laid  upon  the  table. 

On  motion  of  Mr.  O'Neal,  of  Lauderdale,  subdivision 
23,  as  amended,  Avas  adopted. 

Subdivision  24  was  read  at  length  as  follows,  and 
adopted : 

Twenty-fourth — Establishing  separate  school  dis- 
tricts. 

Sulidivision  25  was  read  at  length  as  follows : 

Twenty-fifth — Establishing     separate  stock  districts. 

Mr.  Watts  ottered  the  following  amendment  to  subdi- 
vision 25,  which  was  read  at  length : 

Amend  subdivision  25  so  as  to  read :  Establishing  dis- 
tricts in  which  stock  shall  or  shall  not  run  at  large. 

On  motion  of  Mr.  Grant  the  amendment  of  Mr.  Watts 
was  laid  upon  the  table. 

On  motion  of  Mr.  O'Neal,  of  Lauderdale,  subdivision 
25  was  adopted. 

Subdivision  2(5  was  read  at  length  as  follows : 

Twenty-sixth — Cretating,  increasing  or  decreasing 
fees,  percentage  or  allowances  of  public  officers.  No 
special,  private  or  local  law,  except  a  law  fixing  the 
time  of  holding  courts,  shall  be  enacted  in  any  case, 
which  is  provided  for,  by  a  general  law,  or  when  the  re- 
lief soug'ht  can  be  given  by  any  court  of  this  State,  aQd 
the  courts  and  not  the  General  Assembly  shall  judge 
as  to  whether  the  matter  of  said  law  is  provided  for  by 


Constitutional  Convention.  687 

a  general  law,  and  as  to  whether  the  relief  sought  can 
be  given  by  any  court;  nor  shall  the  General  Assembly 
indirectly  enact  any  such  special,  private  or  local  law 
by  the  partial  repeal  of  a  general  law.  The  General  As- 
sembly shall  pass  general  laws  for  the  cases  enumer- 
ated in  this  section. 

On  motion  of  Mr.  Gates  the  supplementary  report  of 
the  Committee  on  Legislative  Department  to  the  report 
of  the  Committee  on  Local  Legislation  was  taken  up 
and  read  as  follows : 

Mr.  President : 

Whereas,  local  legislative  provisions  have  heretofore 
belonged  to  the  Legislative  Department  of  the  Consti- 
tution; and 

Whereas,  one  of  the  standing  committees  of  this  Con- 
vention was  given  jurisdiction  of  local  legislation,  which 
led  to  some  confusion  in  the  introduction  and  reference 
of  ordinances  upon  that  subject  to  each  of  said  commit- 
tees, and  caused  the  Committee  on  Legislative  Depart- 
ment to  fully  consider  and  draft  a  section,  with  numer- 
ous subdivisions,  to  report  to  the  Convention  for  adopt- 
ion, and 

Whereas,  the  Committee  on  Local  Legislation  has 
made  its  report  not  embracing  a  number  of  matters 
which  this  committee  maturely  considered  and  desired 
shall  be  adopted; 

Now,  in  pursuance  to  an  understanding  and  agree- 
ment with  the  chairman  of  that  committee,  your  Com- 
mittee on  the  Legislative  Department  instruct  me  to  re- 
port and  recommend  for  adoption  the  f(jllo\ving  addi- 
tional restrictions  upon  the  power  of  the  Legislature 
to  enact  local,  special  or  private  laws  to  come  in  after 
the  words  "public  officers"  in  subdivision  26  of  Section 
1  of  the  article  already  reported  by  said  committee,  to- 
wit : 

Twenty-seven — Exemption  of  property  from  taxation 
or  from  levy  or  sale. 

T^venty-eighth — Exempting  any  person  from  jury, 
road  or  other  civil  duty. 


688  Journal  OF  Alabama 

Twent3^-ninth — Laying  out,  opening,  altering  or  work- 
ing roads  or  liighways. 

Thirtieth — Providing  for  the  management  or  support 
of  any  common  or  private  school,  incorporatin  the  same 
or  granting  such  school  any  privileges. 

Thirty-first — Granting  any  land  owned  by  or  under 
the  control  of  the  State,  to  any  person  or  corporation. 

Thirty-second — Remitting  fines,  penalties  or  forfeit- 
ures. 

Thirtj'-third — Providing  for  the  conduct  of  elections, 
or  designating  places  of  voting,  or  changing  the  boun- 
daries of  wards,  precincts,  or  districts,  except  on  the  or- 
ganization of  new  counties. 

Thirty-fourth — Restoring  the  right  to  vote  to  persons 
convicted  of  infamous  crimes  or  involving  moral  turpi- 
tude. 

Thirty-fifth — Refunding  monej'  legally  paid  into  the 
State  Treasury. 

Your  committee  do  not  concur  in  Section  5  of  said 
article  as  reported  by  the  Committee  on  Local  Legisla- 
tion, and  recommends  as  a  substitute  therefor  Section 
25  of  Article  IV  of  the  present  Constitution. 

Respectfully  submitted, 

Wm.  C.  OateS;,  Chairman. 

Mr.  O'Neal,  of  Lauderdale,  chairman  of  the  Commit- 
tee on  Local  Legislation,  moved  to  accept  the  supple- 
mentary report  of  the  Committee  on  Legislative  Depart- 
ment, in  so  far  as  the  same  related  to  subdivisions  27  to 
35  inclusive. 

An  objection  was  interposed,  and  the  motion  was 
withdrawn. 

Mr.  Weatherly  moved  to  take  up  the  supplementary 
report  of  the  Committee  on  Legislative  Department  and 
consider  same  immediately  and  that  the  consideration 
of  subdivision  26  be  postponed. 

The  motion  was  lost. 

Mr.  deGraffenreid  moved  to  recommit  subdivision  26 
to  the  Committee  on  Local  Legislation. 

On  motion  of  Mr.  O'Neal,  of  Lauderdale,  the  motion 
of  Mr.  deGraffenried  was  tabled. 


Constitutional  Convention.  689 

Mr.  Samford  moved  to  table  subdivision  26. 

The  motion  was  lost 

Mr.  O'Neal  asked  unanimous  consent  to  withdraw  all 
•of  subdivision  26  except  the  following  words: 

Twenty-sixtli — Creating-,  increasing  or  decreasing 
fees,  percentage  or  allowances  of  public  officers. 

Consent  was  granted,  and  subdivision  26,  as  amended, 
hj  the  motion  of  Mr.  O'Neal,  of  Lauderdale,  was  read 
as  follows  and  adopted : 

Twenty-sixth — Creating,  increasing  or  decreasing 
fees,  percentage  or  allowances  of  public  officers. 

The  supplementary  report  of  the  Committee  on  Le- 
gislative Department  was  thereupoii  taken  up  and  sub- 
division 27  was  read  as  follows : 

Twenty-seven — Exemption  of  property  from  taxation 
or  from  levy  or  sale. 

Mr.  Pillans  offered  the  following  amendment,  which 
Avas  accepted : 

Amend  by  striking  out  '^exemption  of"  and  inserting 
"exempting." 

Subdivision  27,  as  amended,  was  adopted  as  follows: 

Twenit.y- seventh — Exempting  property  from  taxation 
or  from  levy  or  sale. 

Subdivision  28  was  read  at  length  as  follows  and 
adopted : 

Twenty-eighth — Exempting  any  person  from  jury, 
Toad  or  other  civil  duty. 

Subdivision  29  was  read  as  follows: 

Twenty-ninth — Laying  out,  altering  or  working  roads 
or  highways. 

Mr.  Weatherly  moved  to  lay  subdivision  29  on  the 
table. 

The  motion  was  lost. 

Mr.  Dent  offered  the  following  amendment  to  subdi- 
vision 29,  which  was  adopted : 

Amend  by  striking  out  subdivision  29  of  Article  under 
'Consideration. 

Subdivision  29  was  stricken  out. 

Subdivision  30  was  read  at  length  as  follows: 

44 


690  Journal  of  Alabama 

Thirtieth — Providing  for  the  management  or  support 
of  any  common  or  private  school,  incorporating  the  same 
or  granting  such  school  any  privileges. 

Mr.  Merrill  offered  the  following  amendment  to  sub- 
division 30 : 

Amend  subdivision  30  by  adding  at  the  end  thereof 
"not  now  provided  for  by  law." 

On  motion  of  Mr.  White,  subdivision  30  and  pend- 
ing amendments  were  laid  upon  the  table. 

Subdivision  31  was  read  at  length  as  follows : 

Thirty-first — Granting  any  land  owned  by  or  under 
the  control  of  the  State,  to  any  person  or  corporation. 

Mr.  Gates  asked  unanimous  consent  that  the  word 
"gTant"  be  stricken  out  and  the  word  "donating"  in- 
serted in  lieu  thereof. 

Consent  was  granted. 

Mr.  Burns  offered  the  following  amendment  to  subdi- 
vision 31 : 

Add  to  31 :  Except  the  biennial  grants  of  State  lands 
to  Emma  Sanson  Johnson,   the  heroine  of  Black  Creek, 

Gn  motion  of  Mr.  Heflin,  of  Chambers,  the  amend- 
ment offered  by  Mr.  Burns  was  laid  upon'  the  table. 

Mr.  Gates  moved  that  subdivision  31,  as  amended,  be 
adopted. 

The  motion  prevailed,  and  subdivision  31,  as  amended, 
was  adopted. 

RECESS. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Local  Legislation,  the  hour  of  1  o'clock 
p.  m.  arrived,  under  the  rules  the  Convention  adjourned 
until  3  :30  p.  m. 

AFTERNGGN  SESSIGN. 
The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

Gn  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Constitutional  Convention. 


691 


Messrs.  President, 

Almon, 

Asheraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burns, 

Bvars, 

Carmichael  (Colbert), 

Carnathon, 

Case, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Canningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deOraffenried, 

El  oy, 

Eyster, 

Espy, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Greer  (Calhoun), 


Haley, 
Handley, 
Harrison, 

Heflin  (Chambers), 
Heflin  (Randolph)^ 
Henderson, 
Hinson, 
Hood. 
Howell, 
Howze, 
Inge, 
Jackson, 
Jones  (Bibb), 
Jones  (Hale), 
Jones  (Montgomery), 
Jones  (Wilcox), 
Kirk, 
Kirkland, 
Knight, 
Kyle, 
Ledbetter, 
Leigh, 

Lowe  (Jefferson), 
Lowe  (Lawrence), 
Macdonald, 
McMillan  (Baldwin), 
McMillan  (Wilcox), 
Malone, 
Martin, 
Maxwell, 
Merrill, 

Miller  (Marengo), 
Miller  (Wilcox), 
Moody, 

Murphree,  ' 

NeSmith, 
Norman, 
Norwood, 
Gates, 

O'Neal  (Lauderdale), 
O'Neill  (Jefleerson), 


692 


Journal  of  Alabama 


Opp, 

Palmer, 

Parker  (Cullman), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor. 

Reese, 

Renfro, 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

^elheimer, 


Senteli, 
Sloan, 

Smith  (Mobile), 
Smith,  Mac.  A., 
Smith,  Morgan  M., 
Spragins, 
Stewart, 
Thompson, 
Vaughau, 
Waddell, 
Walker, 
Watts, 
Weakley, 
White,  ^ 
Whiteside, 

Williams  ( BarbourJ , 
Wilson  (Clarke) 
Wilson  (Washington), 
•Winn— 121. 


REPORT   OF   STANDING   COMMITTEES. 

IVIr.  Heflin,  of  Randolph,  chairman  of  the  Committee 
on  Schedules,  Printing  and  Incidental  Expenses,  sub- 
mitted the  following  report,  which  was  laid  upon  the 
table  and  SOO  copies  ordered  printed : 


SCHEDULE,  PRINTING  AND  INCIDENTAL  EXPENSES. 

Mr.  President: 

The  Committee  on  Schedule,  Printing  and  Incidental 
Expenses  have  instructed  me  to  make  the  following  par- 
tial report,  viz: 

The  committee  has  audited  the  accounts  hereto  at- 
tached and  find  that  the  State  of  Alabama  is  indebted 
to  the  Brown  Printing  Co.  of  Montgomery,  Ala.,  in  the 
sum  of  1176.90  for  printing. 

We  find  that  the  said  State  is  indebted  to  J.  W.  Terry 
of  Montgomery,  Ala.,  for  the  use  of  typewriter  from 
May  24th  to  June  24th,  in  the  sum  of  |5.' 


Constitutional  Convention.  693: 

We  find  that  the  said  8tate  is  indebted  to  Ed.  O. 
Fowler  Co.,  of  Montgomery,  Ala.,  in  the  sum  of  $8.60, 

We  find  that  the  said  State  is  indebted  to  J.  AV.  Terry 
of  Alontgomer}',  Ala.,  in  the  sum  of  |16  for  services  ren- 
dered Rules  Committees  up  to  May  27,  1901. 

We  find  that  said  State  is  indebted  to  W.  W .  Haygood 
of  Montgomery,  Ala.,  in  the  sum  of  |1.25. 

We  find  that  said  State  is  indebted  to  Miss  Eunice' 
Richards  for  typewriting  done  for  Committee  on  Pre- 
amble and  Declaration  of  Rights,  in  the  sum  of  |7.50. 

We  find  that  said  State  is  indebted  to  Marshall  & 
Bruce  Co.,  of  Nashville,  Tenn.,  in  the  sum  of  |48.25. 

We  find  that  said  State  is  indebted  to  Ed  C.  Fowler 
Co.  of  Montgomery,  Ala.,  in  the  sum  of  |4.75. 

We  find  that  said  State  is  indebted  to  Jos.  E.  Long- 
street  in  the  sum  of  -fS  for  services  rendered  to  the  Com- 
mittee on  Suffrage  and  Elections,  in  making  54  copies 
of  the  report  of  said  committee. 

We  find  that  said  State  is  indebted  to  Miss  Georgia 
Connelly  in  the  sum  of  |6  for  stenographic  work  done 
for  Committee  on  Suffrage  and  Elections. 

All  of  the  above  amounts  are  for  printing  done,  for 
articles  furnished  State  of  Alabama  for  use  of  Constitu- 
tional Convention,  and  for  services  rendered  to  commit- 
tees of  said  Convention,  and  all  of  the  above  amounts 
are  itemized,  as  shown  by  bills  hereto  attached.  Total 
amount  |282.25,  and  we  recommend  the  payment  of  the 
same,  all  of  which  is  respectfully  submitted. 

John  T.  Heflin, 
Chairman  Committee  on  Schedule,  Printing  and  Inci- 
dental Expenses. 

Mr.  Proctor,  chairman  of  the  Committee  on  the 
Journal,  reported  favorably  the  following  ordinance, 
^.  hich  was  laid  upon  the  table,  and  300  copies  ordered 
printed : 

Ordinance  409,  by  Mv.  Carmichael,  of  Colbert: 
To  provide  for  the  filing  and  arranging  of  the  papers- 
and  documents  pertaining  to  the  Constitutional   Con- 
vention by  the  secretary  of  the  Convention ;  also  to  pro- 
vide for  the  delivery  hy  the  secretary  of  a  correct  copy 


694  Journal  of  Alabama 

of  the  Journal  of  the  Convention  to  the  public  printer, 
with  a  proper  index  thereto;  also  to  provide  for  the 
superintendence  of  the  printing  of  said  Journal  by  the 
secretary;  also  to  make  appropriations  for  the  compen- 
sation of  said  secretary  for  his  services. 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled.  That  the  Secretary  of  this  Convention 
shall,  within  forty  days  after  its  adjournment,  file, 
label  and  arrange  the  Journal  of  said  Convention  and 
all  the  papers  and  documents  pertaining  to  said  Con- 
tion,  in  the  office  of  the  Secretary  of  State.  He  shall 
also  copy  and  deliver  to  the  public  printer  the  Journal 
of  said  Convention,  with  a  proper  index  thereto  within 
said  fortj^  days.  He  shall  also  superintendent  the  print- 
ing, and  read  and  correct  the  proof  of  said  Journal. 

Be  it  further  resolved,  that  for  the  services  herein 
required  of  said  Secretary  he  shall  receive  the  sum  of 
$500,  and  upon  the  production  by  the  said  Secretar}-  of 
the  receipt  of  the  Secretary  of  State  for  such  papers. 
Journal  and  documents  so  required  to  be  filed  anrl 
libeled,  together  with  the  receipt  of  the  public  printer 
for  a  copy  of  the  Journal  of  the  Convention,  the  State 
Auditor  shall  draw  his  warrant  upon  the  State  Treasury 
for  said  amount  herein  provided,  and  the  said  warrant 
shall  be  paid  by  the  State  Treasurer. 

Be  it  further  resolved,  That  there  is  hereby  appro- 
priated out  of  any  money  in  the  State  Treasury  not 
otherwise  apju-opriated  the  sum  of  |500  for  the  com- 
pensation of  the  said  Secretary  for  the  said  services 
herein  required  of  him. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  l)usiness,  which  was  the  report  of  the 
Committee  on  Local  Legislation. 

The  question  was  upon  subdivisiou  32  of  the  supple- 
mentary report  of  the  Committee  on  Legislative  Depart- 
ment to  the  report  of  the  Committee  on  Local  Legisla- 
tion. 


COXSTITUTIONAL  CONVENTION.  695 

Siibdivisioii  32  was  read  at  length  as  follows,  and 
adopted  : 

Thirty-second — Kemitting  fines,  penalties  or  forfeit- 
ures. 

Subdivision  33  was  read  at  length  as  follows : 

Thirty-third — Providing  for  the  conduct  of  elections, 
or  designating  ^jlaces  of  voting,  or  changing  the  boun- 
daries of  wards,  precincts,  or  districts,  except  on  the  or- 
ganization of  new  counties. 

Mr.  Thompson  offered  the  following  amendment  to 
subdivision  33 : 

Amend  subdivision  33  by  striking  out  the  word  "pro- 
viding for  the  conduct  of  electors  or"  in  the  first  line. 

The  amendment  of  Mr.  Thompson  w^as  lost. 

Mr.  Parker,  of  Cullman,  offered  the  following  amend- 
ment to  subdivision  33,  which  was  adopted : 

Amend  subdivision  33  by  adding  to  the  same  the 
words  "and  changing  the  lines  of  old  counties." 

On  motion  of  Mr.  Gates  subdivision  33,  as  amended, 
was  adopted. 

EEOONSIDERATION. 

Mr.  Cobb  moved  to  reconsder  the  vote  by  which  sub- 
division 33  was  adopted. 

The  motion  of  Mr.  Cobb,  under  the  rules,  goes  over 
until  to-morrow. 

Subdivision  34  was  read  at  length  as  follows: 

Thirty-fourth — Restoring  the  right  to  vote  to  persons 
convicted  of  infamous  crimes  or  involving  moral  turpi- 
tude. . 

Mr.  Watts  offered  the  following  amendment  to  sub- 
division 34,  which  was  adopted. 

Amend  subdivision  34  by  inserting  "crimes"  between 
'^'or"  and  "involving." 

Subdivision  34,  as  amended,  was  adopted. 

Subdivision  35  was  read  at  length  as  follows : 

Thirty-fifth^Refunding  money  legally  paid  into  the 
State  Treasury. 

Subdivision  35  was,  on  motion  of  Mr.  Yaughan,  laid 
upon  tlie  talile. 


696  Journal  of  Alabama 

■Mr.  Blackwell  oti'ered  the  following  aniemlment  tot 
constitute  a  new  subdivision  to  Section  1 : 

Amend  Section  1  of  report  of  Committee  on  Local 
Legislation,  after  line  14,  subdivision  35:  ''Declaring 
who  shall  be  liners  Ix^tween  counties." 

On  motion  of  Mr.  Eyster  the  amendment  was  adopted. 

Mr.  Davis,  of  Etowah,  offered  the  following  amend- 
ment, to  constitute  a  new  subdivision  of  Section  1 : 

Amend  Section  1  by  adding  after  subdivision  3C : 

"Thirty-seventh — Kegulatiug  the  catching  or  hunting 
of  game." 

On  motion  of  Mr.  deGraffenried,  the  amendment  was 
laid  upon  the  table. 

On  motion  of  Mr.  O'Neal,  of  Lauderdale,  the  latter 
part  of  subdivision  26,  which  will  constitute  the  latter 
paragraph  of  Section  1,  which  was  temporarily  passed 
this  morning,  was  taken  up  and  read  at  length  as  fol- 
lows : 

No  special,  private  or  local  law,  except  a  law  fixing 
the  time  of  holding  courts,  shall  be  enacted  in  any  case^ 
which  is  provided  for  by  general  law,  or  wlieu  the  relief 
sought  can  be  given  by  any  court  of  this  State,  and  the 
courts  and  not  the  General  Assembly  shall  judge  as  to 
whether  the  matter  of  said  law  is  provided  for  by  a  gen- 
eral law  and  as  to  whether  the  relief  sought  can  be  given 
hj  any  court ;  nor  shall  the  General  Assembly  indirectly 
enact  any  such  special,  private  or  local  law  by  the  par- 
tial repeal  of  a  general  law.  The  General  Assembly 
shall  pass  general  laws  for  the  cases  enumerated  in 
this  section. 

Mr.  Pettus  offered  the  following  amendment,  'which: 
reads  as  follows : 

Amend  article  on  Local  Legislation  by  striking  from 
the  proposed  ordinance  the  word  "and  the  courts  and 
not  the  General  Assembly  shall  judge  as  to  whether  the 
matter  of  said  law  is  proAnded  for  by  a  general  law,  and 
as  to  whether  the  relief  sought  can  be  given  by  any 
court,"  in  lines  35,  30  and  37  of  subdivision  26  of  Sec- 
tion 1,  T>age  5,  of  the  proposed  article. 

]Mr.  Gates  offered  the  following  amendment  to  the 
amendment  offered  t)v  Mr.  Pettus  r 


Constitutional  Convention.  697 

Amend  subdiAnsion  26  of  Section  1  by  striking  out  all 
that  portion  of  said  subdivision  after  the  word  ''State" 
in  line  35,  down  to  and  including  the  word  "court''  in 
line  37,  and  insert  in  lieu  thereof  the  following: 

Sec.  —  There  shall  be  appointed  in  each  House  of 
the  Legislature  a  standing  committee  on  Local  and  Pri- 
vate Legislation;  the  House  committee  to  consist  of 
nine  Representatives;  and  the  Senate  committee  of  five 
Senators.  No  local  or  private  bill  shall  be  passed  by 
either  House  until  it  shall  have  been  referred  to  such 
committee  thereof,  and  shall  have  been  reported  back 
with  recommendation  in  writing  that  it  do  pass,  stating 
the  reasons  therefor,  and  why  the  end  to  be  accomplished 
could  not  be  reached  by  a  general  law,  or  by  proceed- 
ing in  court,  or  if  the  recommendation  of  the  committees 
be  that  the  bill  do  not  pass,  then  it  shall  not  pass  the 
House  to  which  it  is  so  reported,  unless  it  be  voted  for 
by  a  majority  of  all  the  members  ele<"ted  thereto. 

The  amendment  of  Mr.  Gates  was  lost. 

The  (Question  recurred  upon  the  adoption  of  the 
adoption  of  the  amendment  b}^  Mr.  Pettus. 

The  amendment  of  Mr.  Pettus  Avas  lost. 

Mr.  Watts  moved  to  adopt  the  latter  part  of  the  sub- 
divisicm  26,  which  will  constitute  the  latter  paragraph 
of  Section  1. 

The  motion  prevailed  and  the  latter  part  of  subdivi-' 
sion  26,  which  constitutes  the  latter  part  of  Section  1, 
was  adopted. 

reconsideration. 

Mr.  Malone  gave  notice  that  on  to-morrow  he  would 
move  to  reconsider  the  vote  by  which  the  latter  part 
of  subdivision  26  was  adopted. 

section  two. 

Sec.  2.  No  special,  private  or  local  law  shall  be 
passed  on  any  subject  not  enumerated  in  Section  1  of 
this  article,  except  in  reference  to  fixing  the  time  of 
holding  courts,  unless  notice  of  the  intention  to  apply 


698  Journal  of  Alabama 

therefor  shall  have  been  published,  without  cost  to  the 
State,  in  the  county  or  counties  where  the  matter  or 
thing-  to  be  affected  may  be  situated,  which  notice  shall 
state  the  substance  of  the  proposed  law,  and  be  published 
at  least  once  a  week  for  four  consecutive  weeks  in  some 
newspaper,  or  if  there  is  no  newspaper  published  in  the 
county,  by  posting  the  said  notice  for  four  consecutive 
week  as  five  different  public  places  in  the  county  or 
counties,  prior  to  the  introduction  to  the  bill;  and  the 
evidence  that  said  notice  has  been  given  shall  be  ex- 
hibited to  each  House  of  the  (leneral  Assembly,  and  the 
fact  of  said  notice  spread  upon  the  Journal,  The  courts 
shall  pronounce  void  every  local  law  whith  the  Journals 
do  not  affirmatively  show  was  passed  in  accordance  with 
the  provisions  of  this  Section. 

Was  read  at  length. 

Mr.  Samford  moved  the  adoption  of  Section  2. 

The  motion  prevailed,  and  Section  2  was  adopted. 

SECTION  THREE. 

Sec.  3.  The  General  Assembly  may  repeal  any  spe- 
cial, private  or  local  law  upon  notice  being  given  and 
shown,  as  provided  in  the  last  preceding  section. 

Was  read  at  length. 

Mr.  Sanders  offered  the  following  amendment  to  Sec- 
tion 3: 

Amend  Section  3  by  adding  after  the  word  "repeal,'' 
in  the  first  line  thereof  the  following  words:  "Or  modify 
by  a  special,  private  or  local  law." 

The  amendment  was  adopted,  and  Section  3,  as 
amended,  was  adopted. 

SECTION  FOUR. 

Sec.  4.  The  operation  of  no  general  law  shall  be  sus- 
X>ended  for  the  benefit  of  any  individual,  corporation, 
association,  town,  city,  county  or  township,  nor  shall 
any  individual,  corporation,  association,  town,  city, 
county  or  township  be  exeuipted  from  the  operation  of 
any  ceneral  law. 


Constitutional  Convention.  699 

Was  read  at  length.- 

Mr.  Sanders  offered  the  following  amendment  to  Sec- 
tion 4  : 

Amend  Section  4  by  adding  thereto  the  following 
words :  Provided,  that  nothing  in  this  section  or  arti- 
cle shall  affect  the  right  of  the  Legislatnre  to  enact 
local  laws  regulating  or  prohibiting  the  liquor  traffic. 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Local  liegislatiou,  the  hour  of  6  o'clock 
p.  m.  having  arrived,  under  the  rules,  the  Convention 
adjourned  until  to-morrow  morning  at  9  :30. 


FORTY-SECOND  DAY. 

CONVENTION  Hall. 

Montgomery,  Ala.,  Thursday,  July  11,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Dix  of  the  city. 

ROLL  call. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
fjuorum : 

Messrs.  President,  Blackwell, 

Almon,  Boone, 

Ashcraft,  Brooks, 

Banks,  Browne, 

Barefield,  Bulger, 

Bartlett.  Burnett, 

Beavers,  Burns, 

Beddow,  Byars, 

Bethune,  Cardon, 


700 


Journal  of  Alabama 


Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

(^ase, 

Cobb, 

Cofer, 

Coleman  ( Walker ) , 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Pitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gil  more. 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 


Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery),. 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Long  (Butler), 

Ijong  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin),. 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Oates, 

O'Neal  (Lauderdalcf),. 

O'Neill  (Jefferson), 

Opp, 


Constitutional  Convention. 


701 


Palmer, 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 
Pillans, 

Pitts, 

Porter, 

Proctor, 

Kenfroe, 

Reynolds  (Chilton), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 
^anford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 


Smith,  Mac.  A. 
Smith,  Morgan  M., 
Sorrell, 
Spears, 
Spragins, 
Stewart, 
Tayloe, 
Thompson, 
Vaughan, 
Waddell, 
Walker, 
Watts, 
\A^eakley, 
Weatherly, 
White, 
Whiteside, 
Williams  (Barbour), 
Williams  (Marengo), 
Williams  (Elmore), 
Wilson  (Clarke), 
Wilson  (Washington), 
Winn— 138. 


LEAVE   OF   ABSENCE 


Was  granted  to  Messrs.  Sollie  for  to-day,  and  Opp  for 
Tuesday  and  Wednesday  last ;  to  Mr.  Spears  indefinitely. 

REPORT  OF  THE  COMMITTEE   ON   JOURNAL. 


The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  leave  to  report  that 
they  have  examined  the  Journal  for  the  forty-first  day 
of  the  Convention,  and  found  the  same  to  be  correct. 

Respectfully  submitted, 

John  F.  Proctor.  Chairman. 

The  report  was  concurred  in. 


702  Journal  of  Alabama 

reconsideration. 

Mr.  Maloue  moved  to  reconsider  the  vote  by  which 
the  hitter  part  of  subdivision  20,  which  constitutes  the 
latter  part  of  Section  1,  was  on  yesterday  adopted. 

QTESTION    OF    PERSONAL    PRIVILEGE. 

Mr.  O'Neal,  of  Lauderdale,  ai-ose  to  a  question  of  per- 
sonal privilege  and  proceeded  to  state  his  question  of 
privilege  as  follows : 

I  rise  to  a  question  of  personal  privilege.  In  my  open- 
ing remarks  I  expressly  disclaimed  any  purpose  to  im- 
pugn the  motives  of  any  delegate  in  this  Convention.  I 
expressly  and  emphatically  stated  that  I  did  not  doubt 
that  every  member  of  this  body  was  actuated  by  the 
highest,  most  patriotic  and  most  conscientious  motives. 
Notwithstanding  that  statement,  the  distinguished  gen- 
tleman from  Mobile  has  seen  fit  to  make  a  personal  as- 
sault upon  myself,  and  to  state  to  this  Convention  that 
I  am  essaying  the  role  of  a  prophet,  that  I  am  seeking 
to  dictate  what  action  they  shall  take  in  this  matter.  I 
protest  that  there  is  nothing  in  what  I  said  which  would 
warrant  any  such  construction.  I  do  not  think  this  is 
a  proper  forum  to  bandy  epithets  with  any  gentleman, 
but  if  the  gentleman  from  ^Mobile  meant  to  intimate 
that  my  motives  were  not  as  conscientious  and  that  my 
purposes  were  not  as  high  as  his  were  or  any  other  dele- 
gate's he  states  what  he  knows  is  without  foundation 
in  facts  and  what  -was  not  warranted  by  anything  in 
this  discussion.  He  has  attempted  to  make  me  the 
subject  of  ridicule  and  to  say  that  I  am  proposing  to  lay 
down  the  law  to  this  Convention,  and  force  them 
to  adopt  a  provision  against  their  judgment.  I 
think  that  remark  was  unwarranted.  I  was  sim- 
ply undertaking  to  do  my  duty  as  my  conscience 
dictated,  and  according  to  the  lights  before  me. 
I  was  simply  defending  the  report  of  my  com- 
mittee, on  grounds  which  I  believed  to  be  just  and  merit- 
orious. I  expressly  disclaim  any  intention  to  impugn 
the  motives  of  any  gentleman,  and  yet  that  declaration 
did  not  seem  to  satisfy  the  gentleman,  and  he  has  gone 


Constitutional  Convention.  70S 

out  of  his  way  to  make  an  assault  upon  me,  which  I 
think  is  absolutely  as  unwarranted  as  it  is  unjust,  and 
I  am  surprised  that  a  gentleuum  of  his  high  character 
would  do  it  under  any  circumstances.  1  stated  to  him 
expressly  that  it  was  not  the  purpose  of  the  committee 
to  attack  any  law  that  now  exists  by  which  the  city  of 
Mobile  used  its  liquor  licenses  for  the  public  schools, 
but  that  they  had  made  a  combination  to  strike  out  a 
certain  section.  That  is  true  and  every  gentleman 
knows  it  to  be  true.  I  did  not  say  that  he  was  a  party 
to  the  combination,  but  the  yote  of  every  member  from 
that  district  indicated  that  such  a  combination  had  been 
made.  I  saw  some  gentlemen  going  around  rallying  the 
forces  from  that  section,  wanting  them  to  vote  against 
the  subdivision,  and  there  was  a  solid  vote  against  the 
provision. 

Mr.  Williams,  of  Marengo,  also  arose  to  a  question 
of  privilege,  and  stated  that  the  gentleman,  Mr.  O'Neal, 
of  Lauderdale,  was  in  error  when  he  assertd  that  all  of 
the  members  of  the  Constitutional  Convention  from  the 
First  Congressional  district  voted  to  strike  out  Section 
14.    Mr.  Williams  did  not  vote  to  strike  out  Section  14. 

The  question  recurred  upon  the  motion  of  Mr.  Malone 
to  reconsider  the  vote  by  which  the  latter  part  of  Sec- 
tion 1  was  adopted. 

The  motion  prevailed:  Yeas,  83;  nays,  51. 

YEAS. 

Messrs.  Ashcraft,  Cunningham, 

Banks,  Dent, 

Barefield,  deGraffenried, 

Bethune,  Duke, 

Blackwell,  Eley, 

Boone,  Evster, 

Brooks,  Fitts, 

Bulger,  Foshee, 

Burns,  Foster, 

Carmichael  (Colbert),  Freeman, 

Carmichael  (Coffee),  (rilmore, 

Cobb,  Graham  (Montgomery) _ 


704 


Journal  of  Alabama 


Grant, 

Grayson, 

Greer  (Perry), 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Howell, 

Inge, 

Jaeksoa, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Ledbetter, 

Long  (Walker), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Murphree, 

NeSmith, 


Norwood, 
Gates, 
Opp, 

Parker  (Cullman), 
Parker  (Elmore), 
Pearce, 
Pettus, 
Pillans, 
Pitts, 
Reese, 
Renfro, 
Robinson, 
Uogers  (Lowndes), 
Rogers  (Sumter), 
Sanford, 
Searcy, 
Sentell, 
Sloan, 

Smith  (Mobile), 
Smith,  Mac.  A., 
Smith,  Morgan  M. 
Sorrell, 
Stewart, 
Tayloe, 
Thompson, 
Vaughan, 
Weatherly, 
Williams  (Elmore), 
Wilson  (Clarke), 
Winn— 83. 


NAYS. 


Messrs.  President, 

Almon, 

Beddow, 

Burnett, 

Byars, 

Cardon, 

Carnathon, 

Case, 


Cofer, 

Coleman  (Walker), 

Davis  (DeKalb), 

Davis  (Etowah), 

Espy, 

Ferguson, 

Fletcher, 

Glover, 


Constitutional  Contention.  706 

Graham  (Talladega),  Porter, 

Greer  (Calhoun),  Proctor, 

Haley,  Reynolds  (Chilton), 

Handley,  Sanders, 

Hinson,  Sanford, 

Hood,  Selheimer, 

Howze,  Spears, 

Jones  (Montgomery),  Spragins, 

Kyle,  Waddell, 

Leigh,  Walker, 

Long  (Butler),  Watts, 

Lowe  (Lawrence),  Weakley, 

Miller  (Marengo),  White, 

Moody,  Whiteside, 

Norman,  Williams  (Barbour), 

O'Neill  (Jefferson),  Williams  (Marengo), 

O'Neal  (Lauderdale),  Wilson  (Washington) — 51, 

Phillips,  9! 

Mr,  Jones,  of  Hale,  moved  to  reconsider  the  vote  by- 
which  subdivision  23  was  adopted  on  3'esterday. 

The  motion  prevailed, 

Mr.  Cobb  moved  to  reconsider  the  vote  by  which  sub- 
division 33  was  adopted  on  yesterday. 

The  motion  of  Mr,  Cobb  was  lost. 

The  regular  order  was  demanded,  which  was  the 

report  of  standing  committees. 

Thereupon  the  call  of  the  standing  committees  was 
ordered. 

The  committees  reported  as  follows : 

report  of  committee  on  rules, 

Mr,    Smith,   acting  chairman  of   the   Committee  on 
Kules,  reported  the  following  resolution  favorably: 

Resolution  237,  by  Mr,  deOraffenried : 

Resolved,  That  after  the  present  week  this  Conven- 
tion shall  dispense  with  all  clerks  of  committees,  except 
the  clerk  of  the  Committee  on  Rules  and  a  clerk  for  the 
Committee  on  the  Order,  Harmony  and  Consistency  of 
the  Whole  Constitution, 
45 


706 


Journal  of  Alabama 


Eesolved  further,  that  the  clerks  of  tlie  Committee  ore,, 
Rules  and  of  the  Order,  Harmon}-  and  Cousigitency  of. 
the  Whole  ('oustitution  shall  serve  the  chairman  of  the 
other  committees  when  their  services  are  required. 

Mr.  Proctor  olf ered  the  following  amendment : 

Amend  resolution  hy  inserting  after  the  words  Order^ 
Harmony  and  Consistency  of  the  Whole  Constitution, 
in  the  first  section,  the  words  "and  clerk  of  the  Com- 
mittee on  Journal." 

Mr.  Howell  ottered  the  following  substitute  for  reso- 
lution 237  and  the  amendment : 

Whereas,  The  session  of  this  Convention  is  being  pro- 
tracted much  longer  than  was  anticipated,  and  the  ex- 
penses of  the  same  are  already  beyond  what  was  ex- 
pected; be  it 

Resolved,  That  a  special  committee  of  five  be  ap- 
pointed by  the  President  to  investigate  and  rei>ort  at 
the  earliest  practicable  day  the  advisability  of  reducing 
.the  number  of  employees  of  the  Convention,  and  cutting- 
down  the  expenses  of  the  same. 

Mr,'  deGraffenried  moved  to  table  the  substitute. 

The  motion  was  lost:  Yeas,  37;  nays,  91. 

YEAS. 


Messrs.  Almon, 

Barefield, 

Bethune, 

Brooks, 

Bulger, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Cofer, 

Coleman  ( Walker) ^ 

Craig, 

Cunningham, 

deCraffenried, 

Eyster, 

Glover, 

Inge, 


Jones  (Bibb), 
Jones  (Hale), 
Kirk, 
Leigh, 

Long  (Butler), 
Lowe  (Jefferson), 
Lowe  (Lawrence), 
Macdonald, 
Parker  ( Cullman ) , 
Proctor, 

Reynolds  (Chilton), 
Reynolds  (Henry), 
Smith  (Mobile), 
Spragins, 
Stewart, 
Studdard, 


Constitutional  Coxvej^tion. 


.7.0? 


Tayloe, 

Waddell, 

Weatherly, 


Williams  (Barbour), 
Wilson  ( Washington )  — 37. 


NAYS. 


Messrs.  President, 

Ashcraft, 

Banks, 

Beddow, 

Blackwell, 

Boone, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Case, 

Cobb, 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Espy, 

Fergi  son, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Graham  (Montgomery), 

Graham  (Talladega). 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 


Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Jacksoii. 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirkland, 

Kyle, 

Ledbetter, 

Long  (Walker), 

McMillan  ( BaldAvin ) , 

McMillan  (Wilcox), 

Malone, 

Martin, 

^laxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 


708  Journal  of  Alabama 

Pillans,  Thompson, 

Porter,  Vaughan, 

Sanders,  Walker, 

Sanford,  Watts, 

Searcy,  Weakley, 

Selheimer,  White, 

Sloan,  Whiteside, 

Smith,  Mac.  A.,                     Williams  (Marengo), 

Smith,  Morgan  M.,  Wilson  (Clarke). 

Sorrell,  Winn— 91. 

Spears, 

Mr.  Heflin,  of  Chambers,  moved  to  recommit  the 
resolution,  amendments  thereto,  and  substitute,  to  the 
Committee  on  Eules. 

The  motion  was  lost. 

Mr.  Howell  moved  the  adoption  of  the  substitute, 
which  motion  prevailed,  and  the  substitute  was  adopted. 

COMMITTEE  ON  IMPEACHMENTS. 

Mr.  Hood,  chairman  of  the  Committee  on  Impeach- 
ments, submitted  the  following  report,  which  was  read 
at  length,  and  laid  upon  the  table,  and  300  copies  ordered 
printed : 

REPORT  OF  THE  COMMITTEE  ON  IMPEACHMENTS. 

Mr.  President : 

The  Committee  on  Impeachments  instructs  me  to  re- 
port the  ordinance  hereto  appended,  to  take  the  place 
of  Article  VII  of  the  present  Constitution  : 

The  material  changes  are  as  follows : 

Section  1.  The  words  "Lieutenant  Governor,"  "Com- 
missioner of  Agriculture  and  Industries"  are  inserted; 
"habitual  drunkenness"  is  omitted,  and .  the  following 
inserted  in  lieu  thereof:  "Or  intemperance  in  the  use 
of  intoxicating  liquors  or  narcotics  to  such  an  extent, 
in  view  of  the  dignity  of  the  office  and  importance  of 
its  duties,  as  unfits  the  officer  for  the  discharge  of  such 
duties." 


Constitutional  Convention.  709 

Section  2.     The  word  "sheriffs"  is  inserted. 

Section  3.  The  word  "sheriffs"  is  omitted;  "County 
Superintendents  of  Education"  and  "  County  Solicit- 
ors" inserted.  The  impeachment  of  all  officers  of  incor- 
porated cities  and  towns  is  provided  for. 

Section  4.  This  is  identical  with  Section  4  of  the 
article  in  the  present  Constitution.  In  this  connection, 
the  committee  reports  favorably  ordinance  No.  404,  of- 
fered hj  Mr.  Coleman,  of  Walker,  providing  for  the 
amendment  of  that  part  of  Section  28,  Article  V  adopted 
by  this  Convention,  which  is  as  follows : 

"And  the  Governor,  when  satisfied  after  hearing  the 
Sheriff,  that  he  should  be  impeached,  may  suspend  him 
from  office  until  the  impeachment  proceedings  are  de- 
cided." 

But  two  other  ordinances  have  been  referred  to  this 
committee,  which  have  been  duly  considered,  and  the 
principles  contained  in  the  same  incorporated  in  the 
article,  hence  they  are  herewith  returned  to  the  Con- 
vention. 

O.  K.  HooD^  Chair  man. 
Mr.  President: 

The  undersigned,  members  of  the  Committee  on  Im- 
peachments, do  not  concur  in  the  report  of  the  majority 
as  to  Sections  1,  2  and  3,  and  in  lieu  thereof  Ave  recom- 
mend the  following: 

Section  1.  The  Governor,  Lieutenant  Governor,  Sec- 
retary of  State,  Treasurer,  Auditor,  Attorney  General, 
Superintendent  of  Education,  Commissioner  of  Agricul- 
ture and  Industries,  and  Judges  of  the  Supreme  Court, 
may  be  removed  from  office  for  wilful  neglect  of  duty, 
corruption  in  office,  habitual  drunkenness,  incompe- 
tency, or  any  offense  involving  moral  turpitude  while  in 
office,  or  committed  under  color  thereof,  or  connected 
therewith,  by  the  Senate,  sitting  as  a  court  for  that  pur- 
pose, under  oath  or  affirmation,  on  articles  or  charges 
preferred  by  the  House  of  KeDresentatives. 

Sec.  2.  The  Chancellors,  Judges  of  the  Circuit  Courts, 
Judges  of  Probate  Courts.  Solicitors,  and  Judges  of  the 
inferior  courts,  from  which  an  nppe^l  may  be  t^ken  di- 


"^10  JouKNAL  OF  Alabama 

rectly  to  the  Supreme  Court,  may  be  removed  from 
office  for  iany  of  the  causes  specified  in  the  preceding 
Section,  by  the  Supreme  Court,  under  such  regulations 
as  may  be  prescribed  by  law. 

Sec.  3.  The  Sheriffs,  clerks  of  the  Circuit  or  other 
courts  of  like  jurisdiction,  of  Criminal  Courts,  Tax  Col- 
lectors, Tax  Assessors,  County  Treasurers,  County  Su- 
perintendeuts  of  Education,  County  Solicitors,  Coro- 
ners, Justices  of  the  Peace,  Notaries  Public,  Constables, 
and  all  other  county  officers;  Mayors,  intendants  of  in- 
corporated cities  and  towns  in  this  State,  may  be  re- 
moved from  office  for  any  of  the  causes  specified  in  Sec- 
tion 1  of  this  article,  by  the  Circuit  or  other  courts  of 
like  jurisdiction,  or  Criminal  Courts  of  the  county  in 
which  said  officers  hold  their  offices,  uiider  such  regula- 
tions as  may  be  prescribed  by  law;  provided,  that  the 
right  of  trial  by  jury  and  appeal  in  such  cases  be  se- 
cured. 

We  are  aware  that  the  change,  as  made  by  the  ma- 
jority in  section  1,  was  done  to  try  to  remedy  the  defect 
as  shown  by  the  opinion  of  the  Supreme  Court  in  the 
Eobinson  case.  We  are  unable  to  see  how  the  change 
remedies  the  difficulty,  and  therefore  recommend  the 
adoption  of  the  section  as  found  in  the  Constitution  of 
1875,  with  the  addition  of  Lieutenant-Governor  and 
Commissioner  of  Agriculture  and  Industries. 

As  to  Sections  2  and  3,  the  minority  dissent  from  the 
action  of  the  majority  in  transposing  the  word  "Sher- 
iffs" from  Section  3  to  Section  2,  and  the  section,  as 
recommended  by  the  minority,  is  the  same  as  in  your 
Constitution. 

The  effect  of  tbe  adoption  of  the  majority  report  will 
l>e  to  take  the  impeachment  of  the  Sheriffs  out  of  the 
hands  of  the  local  community  which  elected  them,  and 
place  it  in  the  Supreme  Court,  and,  it  will  be  observed, 
that  this  is  not  limited  to  cases  arisino,"  from  negligence 
in  allowing  a  prisoner  to  be  lynched,  but  for  any  cause 
whatever,  which  we  insist  is  not  demanded  by  anv  con- 
dition that  has  ever  existed  in  our  State  or  which  is  at 


COXSTITUTIOXAL  C(>NVENTION.  711 

all  likely  to  ever  occur,  and  therefore  we  submit  that 
the  provisions  of  the  Constitution  of  1875  should  not 
be  changed.  ^  •       •   ;        i 

J.  F.  Thompson. 
JV  J.  Robinson, 
C.  L.  Haley; 
Mac.  a.  Smith, 
T.  L.  Long. 

AN  ORDINANCE. 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  that  Article  VII  of  the  Constitution  be 
stricken  out,  and  the  following  article  inserted  in  lieu 
thereof : 

ARTICLE  — 

IMPEACHMENTS. 

Section  1.  The  Governor,  Lieutenant  Governor,  Sec- 
retary of  State,  Auditor,  Treasurer,  Attorney  General, 
Superintendent  of  Education,  Commissioner  of  Agri- 
culture and  Industries,  and  Judges  of  the  Supreme 
Court,  may  be  removed  from  office  for  wilful  neglect  of 
duty,  corruption  in  oftice,  incompetency,  or  intemper- 
ance in  the  use  of  intoxicating  liquors  or  narcotics  to 
such  an  extent,  in  view  of  the  dignrty  of  the  office  and 
importance  of  its  duties,  as  unfits  the  officers  for  the 
discharge  of  such  duties,  or  for  any  offense  involving 
moral  turpitude  while  in  office,  or  committed  under 
color  thereof  or  connected  therewith,  by  the  Senate,  sit- 
ting as  a  court  for  that  purpose,  under  oath  or  affirma- 
tion, on  articles  or  charges  preferred  by  the  House  of 
Representatives. 

Sec.  2.  The  Cliancellors,  Judges  of  the  Circuit  Court, 
Judges  of  Probate,  Sheriffs,  Solicitors  of  the  Circuits, 
and  Judges  of  the  inferior  courts,  from  which  an  appeal 
may  be  taken  directly  to  the  Supreme  Court,  m,ay  be 
removed  from  office  for  any  of  the  causes  specified  in 
the  preceding  section,  by  the  Supreme  Court,  under  such 
Tegulations  as  may  be  prescribed  by  law. 


712  Journal  of  Alabama 

Bee.  3.  The  Clerks  of  the  Circuit  or  courts  of  like 
jurisdiction,  of  Criminal  Courts,  Tax  Collectors,  Tax. 
Assessors,  County  Treasurers,  County  Superintendents 
of  Edueation,  County  Solicitors,  Coroners,  Justices  of 
the  Peace,  Notaries  Public,  Constables  and  all  other 
county  officers.  Mayors,  intendants  and  all  other  officers 
of  incorporated  cities  and  towns  in  this  State,  may  be 
removed  from  office  for  any  of  the  causes  specified  in 
Section  1  of  this  Article,  by  the  Circuit  or  other  courts 
of  like  jurisdiction,  or  Criminal  Court  of  the  county  in 
which  such  officers  hold  their  office,  under  such  regula- 
tions as  may  be  prescribed  by  law;  provided,  that  the 
right  of  trial  by  jury  and  appeal  in  such  cases  be  se- 
cured. 

Sec.  4.  The  penalties  in  cases  arising  under  the  three 
preceding  sections  shall  not  extend  beyond  removal 
from  office,  and  disqualifications  from  holding  office, 
under  the  authority  of  this  State,  for  the  term  for  which 
he  was  elected  or  appointed,  but  the  accused  shall  be 
liable  to  indictment  and  punishment  as  prescribed  by 
law. 

Mr.  Hood,  chairman  of  the  Committee  on  Impeach- 
ments, also  reported  favorabh-  the  following  ordinance, 
Avhich  was  read  at  length  a  second  time  and  laid  upon 
the  table,  and  300  copies  were  ordered  printed. 

Ordinance  404,  by  Mr.  Coleman,  of  AYalker : 

Wliereas,  Ample  provision  is  made  by  law  for  the  im- 
peachment of  officers,  and 

Whereas,  It  is  contrary  to  the  policy  of  this  govern- 
ment that  any  part  of  the  powers  of  one  dei>artment 
should  be  exercised  by  an  officer  of  another  department, 
and 

Whereas,  It  is  contrary  to  the  spirit  of  our  institu- 
tions that  any  person  should  be  punished  before  trial; 

Now,  Therefore  be  it  ordained  by  the  people  of  Ala- 
bama, in  Convention  asembled.  That  the  following  part 
of  Section  28  of  Article  V,  adopted  by  this  Conven- 
tion be  and  the  same  is  hereby  annulled,  to-Avit :  "And 
the  Governor,  when  satisfied  after  hearing  the  Sheriff, 
that  he  should  be  impeached,  may  8usi>end  him  from 
office  until  the  impeachment  proceedings  are  decided." 


CONjSTITUTIONAL  CONVENTION.  71$ 

RESOLUTIONS  ON  FIRST  READING. 

The  following  resolutions  were  offered,  severally  read 
one  time  at  length,  and  referred  to  appropriate  com- 
mittees, as  follows : 

Resolution  238,  by  Mr.  Gofer : 

Be  it  resolved.  That  from  and  after  the  present  week 
the  services  of  five  of  the  pages  of  this  Convention  be 
dispensed  with,  and  that  the  President  be  directed  to 
discharge  five  of  the  pages  now  in  attendance  upon  this 
Convention  in  order  to  save  unnecessary  ex|)ense8. 

The   resolution   was  referred   to  a  special  committee. 

Eesolution  239,  by  Mr.  Long,  of  Walker : 

Whereas,  There  is  too  much  expense  attached  to  the 
running  of  the  Convention ;  therefore  be  it 

Resolved,  That  a  committee  of  five  be  raised  to  say 
who  are  orators  and  who  are  not  orators,  and  to  allot  to 
the  orators  a  time  during  which  each  day  they  and  one- 
half  of  the  stenographers  maj^  repair  to  the  Senate  cham- 
ber, and  there  let  the  orators  deliver  themselves  of  their 
eloquence,  and  that  the  Convention  proceed  to  work 
during  such  time. 

The   resolution   was  referred   to  a  special  committee. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  Avhicli  was  the  report  of  the 
Committee  on  Local  Legislation. 

The  question  recurred  upon  the  motion  of  Mr.  Jones, 
of  Hale,  to  reconsider  the  vote  by  which  subdivivsion  23 
Tvas  adopted. 

The  motion  prevailed,  and  subdivision  23  was  recon- 
sidered, which  reads  as  follows: 

Twenty-three.— Regulating  the  jurisdiction  and  fees 
of  Justices  of  the  Peace  or  the  fees  of  Constables. 

Mr.  Jones,  of  Hale,  offered  the  following  substitute 
to  subdiAision  23,  which  was  adopted : 

Increasing  the  jurisdiction  and  fees  of  the  Justices  of 
the  Peace,  or  the  fees  of  Constables. 

Sudbivision  23,  as  amended,  was  adopted., 


f  14  Journal  of  Alabama 

The  question  reeuireil  iipon  the  consideration  of  the 
latter  part  of  Section  1,  which  was  reconsidered  by  the 
motion  of  Mr.  Malone.        ■ 

Mr.  Sanders  offered  the  following-  amendment  to  the 
subdivision : 

Amend  subdivision  26  by  adding  thereto  the  follow- 
ing words :  Provided  that  nothing  in  this  section  or 
article  shall  etf ect  the  right  of  the  Legislature  to  enact 
local  laws  regulating  or  prohibiting  the  liquor  traffic ; 
provided  that  notice  is  given  as  required  in  Section  2  of 
this  article. 

Mr.  Wilson,  of  Clarke,  offered  the  following  amend- 
ment to  the  amendment  offered  by  Mr.  Sanders : 

Amend  by  striking  out  the  words''and  the  courts  and 
not  the  General  Assembly  shall  judge  as  to  whether  the 
matter  of  said  law  is  provided  for  by  a  general  law  and 
as  to  whether  the  relief  sought  can  be  given  by  any 
court. 

Mr.  Dent  moved  to  table  the  subdivision  and  pending 
amendments. 

RECESS. 

Pending  the  further  consideration  of  the  report  of  the 
Committee  on  Local  Legislation,  the  hour  of  1  o'clock 
p.  m.  having  arrived,  under  the  rules,  the  Convention 
adjourned  until  3  :30  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Rnrtlett, 

Alraon,  IJenvers, 

Ashcraft,  Reddow, 

Banks,  Rethune, 


Constitutional  Convention. 


715 


Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burns, 

Byars, 

Cardon, 

Carmicliael  (Colbert). 

Carnatbon, 

Case, 

Cobb,. 

Cofer, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Fitts, 

Fletclier, 

Foshec. 

Freeman, 

(rilmore, 

Glover, 

Graham  ( INfontgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Randolph), 

Henderson, 

Hinson, 


llodges. 

Mood, 

Fcwell, 

Howze, 

luge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  ( ^Montgomery ) , 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Long  (Butler), 

Long  (Walker), 

Lowe  ( Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Ma  lone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

Palmer, 

Parker  (Cullman), 


716 


Journal  of  Alabama 


Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Renfro, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 


Smith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  ( Marengo) , 

Williams  (Elmore), 

Wilson  ( Washington) , 

Winn— 132. 


UNFINISHED  BUSINESS. 


The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Local  Legislation. 

The  question  was  upon  the  motion  of  Mr.  Dent  to 
table  the  latter  part  of  Section  1  and  the  pending 
amendments  thereto. 

By  unanimous  consent  the  motion  was  withdrawn. 

Mr.  Harrison  moved  to  table  the  amendments,  and 
the  latter  part  of  Section  1. 

Division  of  the  question  was  demanded. 

The  question  recurred  upon  the  motion  to  table  the 
amendment  offered  by  Mr.  Wilson,  of  Clarke. 

The  motion  prevailed,  and  the  amendment  was  lost. 

Mr.  Harrison  moved  to  table  the  amendment  offered 
by  Mr.  Sanders. 

The  motion  was  lost. 

Mr.  Harrison  moved  to  table  the  latter  part  of  Sec- 
tion 1. 


Constitutional  Convention.  717 

Tlie  motion  was  lost. 

The  question  then  recurred  upon  the  adoption  of  the 
amendment  to  the  latter  part  of  Section  1. 

Mr.  O'Neal,  of  Lauderdale,  moved  to  adopt  the 
amendment  offered  by  Mr.  Sanders. 

The  motion  prevailed,  and  the  amentlment  was 
adopted. 

Mr.  Robinson  offered  the  following  amendment : 

Amend  by  striking  out  after  the  word  "State,"  in  the 
thirty-fifth  line,  down  to  and  including  the  word  "court'' 
in  thirty-seventh  line,  and  insert:  "Unless  every  such 
special,  private  or  local  law  shall  contain  recital  that 
notice  has  been  given  as  provided  by  Section  2  of  this 
article,  and  that  the  matter  of  such  special,  private  or 
local  law  cannot  be  provided  for  by  general  law,  and 
that  the  relief  sought  therein  cannot  be  given  by  any 
court." 

The  amendment  was  lost. 

Mr.  Reese  offered  the  following  amendment  to  the  lat- 
ter part  of  Section  1,  which  was  read  at  length  : 

Amend  last  f>aragraph  of  Section  1  by  striking  out 
the  word  "fixing"  in  line  thirty-three,  and  inserting  in 
lieu  therefor:  "Regulating  the  creation,  practice  or." 

The  amendment  was  adopted. 

Mr.  O'Neal,  of  Lauderdale,  moved  that  the  latter 
part  of  Section  1,  as  amended,  be  adopted. 

The  nuTtion  prevailed,  and  the  latter  part  of  Section  1 
was  adopted. 

Mr.  O'Neal,  of  Lauderdale,  moved  that  Section  1,  as 
amended,  be  adopted. 

The  motion  prevailed,  and  Section  1  was  adopted. 

RECONSIDERATION. 

Mr.  deGraffenried  gave  notice  that  on  to-morrow  he 
would  move  to  reconsider  the  vote  by  which  the  latter 
part  of  Section  1  was  adopted, 

SECTION  FOUR. 

Sec.  4.  The  operation  of  no  general  law  shall  be  sus- 
pended for  the  benefit  of  any  individual,  corporation, 


718  Journal  of  Alabama 

associatiou,  towu,  city,  coimtj  or  townsliip,  nor  shall 
au}^  individual,  corporation,  association,  town,  city, 
county  or  township  be  exempted  from  the  operation  of 
any  general  law. 

Was  read  at  length. 

The  question  was  upon  the  pending  amendment  of- 
fered by  Mr.  Sanders  to  Section  4. 

The  amendment  was  read  at  length  as  follows : 

Provided,  Tlrat  nothing  in  this  section  shall  atfect  the 
right  of  the  Legislature  to  enact  local  laws  regulating 
or  prohibiting  the  liquor  traffic. 

Mr.  Ashcraft  ottered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Sanders : 

Amend  by  adding :  "Except  as  in  this  article  otlier- 
Avise  provided."' 

The  amendment  to  the  amendment  was  adopted. 

Mr.  Watts  moved  to  table  the  amendment  offered  by 
^Ir.   Sanders. 

Tl)e  motion  was  lost. 

The  question  recurred  upon  the  amendment  as 
amended. 

The  amendment  was  adopted. 

^Ir.  Dent  ottered  the  following  amendment  to  Sec- 
tion 4 : 

Amend  Section  4  of  the  Article  on  Local  Legislation 
as  foHows:  Strike  out  the  following  words:  "Town,  city, 
county  or  township  as  these  words  appear  in  lines  two 
and  three,  and  also  to  add  the  word  "private"  before 
the  word  "corporation''  in  the  same  line;  and  also  to 
further  add  th(^  word  "or"  before  the  word  "association" 
in  tlie  same  lines. 

Mr.  \\'addell  moved  to  table  tlie  amendment  oif(n'ed 
b}'  Mr.  Dent. 

The  motion  was  lost. 

The  question  recurred  on  the  adoption  of  the  auumd- 
ment  ottered  by  ■Mr.  Dent. 

The  amendment  was  adopted. 

]Mr.  Sanders  offered  the  following  Isubstitute  for  Sec- 
tion 4  and  pending  amendments: 

Sec.  4.  No  bill  introduced  as  a  general  law  into 
either  House    of    the    General    Assemblv     shall  be  so 


Constitutional  Convention.  71^ 

ameuded  as  to  except  from  its  operation  any  individual, 
association,  corporation,  mnnicipality,  county  or  town- 
ship, and  no  <j;eueral  law  in  force  shall  be  ameuded  by 
excepting  from  its  provisions  any  individual,  associa- 
tion, corporation,  municipality,  county  or  township. 

On  motion  of  3Xr.  deGralfenried  the  substitute  was 
laid  upon  the  table. 

Mr.  Parker,  of  Cullman,  called  for  the  previous  ques- 
tion on  the  adoption  of  the  section  as  ameuded,  and  the 
call  \\'as  sustained. 

RECONSIDERATION. 

Mr.  8am ford  moved  that  the  rules  be  suspended  and 
that  the  vote  by  which  the  previous  question  was  adopted 
be  reconsidered. 

The  motion  prevailed,  and  the  rules  were  suspended 
and.  the  vote  b}'  which  the  previous  question  was 
ordered  was  reconsidered. 

Mr.  Samford  moved  that  the  vote  Ijy  which  the  amend- 
ment of  Mr.  Sanders  was  adopted  be  reconsidered. 

The  motion  prevailed. 

Mr.  Samford  moved  to  table  the  amendment  offered 
by  Mr.  Sanders. 

The  motion  prevailed,  and  the  amendment  Avas  laid 
upon  the  table. 

Mr.  Samford  offered  the  following  amendment  to  Sec- 
tion 4 : 

Amend  by  adding  ''except  as  in  this  article  otherwise 
provided." 

The  amendment  was  adopted. 

Section  4,  as  amended,  was  thereupon  adopted. 

SECTION  FIVE. 

Was  read  at  length,  as  follows : 

Sec.  5.  The  General  Assembly  may,  by  general  law, 
confer  upon  Courts  of  County  Commissioners,  Boards 
of  Revenue  or  other  courts,  such  power  of  local  legisla- 
tion and  administration,  touching  all  matters  and 
things  not  provided  for  by  general  law,  and  not  incon- 


720  Journal  of  Alabama 

sistent  with  the  proyi»ions  of  this  Constitution,  as  the 
General  Assembly  may  from  time  to  time  deem  expedi- 
ent. 

The  supplementary  report  of  the  Committee  on  Leps- 
lative  Department  to  the  report  of  the  report  of  the 
Committee  on  Local  Legislation  was  read  at  follows  : 

Your  committee  do  not  concur  in  Section  5  of  said 
article  a«  reported  by  the  Committee  on  Local  Legisla- 
tion, and  recommends  as  a  substitute  therefor  Section  25 
of  Article  IV  of  the  present  Constitution. 

Respectfully  submitted, 

Wm.  C.  Gates,  Chairman. 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Local  Legislation,  the  hour  of  6  o'clock 
p.  m.  arrived,  and  under  the  rules,  the  Convention  ad- 
journed until  9  :30  o'clock  to-morrow  morning. 


FGRTY-THIRD  DAY. 

Convention  Hall. 
Montgomery,  Ala.,  Friday,  July  12,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Dix  of  the  city. 

roll  call. 

Gn  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Beavers, 

Aim  on,  Beddow, 

Ashcraft,  Bethune, 

Banks,  Blackweil, 

Barefield,  Boone, 

Bartlett,  Brooks, 


Constitutional  Convention. 


721 


Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmicliael  (Cotfee), 

Carnathon, 

Case, 

('Iiapman, 

Cobb, 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham. 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deOraffenried, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

FItts, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant. 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Randolph), 

Hinson, 

46 


Hodges, 
Hood, 
Liowell, 
Howze, 
Inge, 
Jackson, 
Jenkins, 
Jones  (Bibb), 
Jones  (Hale), 
Jones  (Montgomery), 
Jones  (Wilcox), 
Kirk, 
Kirklaud, 
Knight, 
Kyle, 
Leigh, 
Locklin, 
Long  (Butler), 
Long  (Walker), 
Lowe  ( Lnwrence), 
Macdonald, 
McMillan  (Baldwin), 
McMillan  ([Wilcox), 
Malone, 
Martin, 
Maxwell, 
^ferrill. 

Miller  (Marengo). 
Miller  (Wilcox), 
Moody, 
Murphree, 
NeSmith, 
Norman, 
Norwood, 
•  Gates, 
O'Neal  (Lauderdale), 
O'Neill  (Jefieerson), 
Opp, 
O'Rear, 
Palmer, 
Parker  (Cullman), 


722 


Journal  of  Alabajia 


Parker  (Elmore), 

Pearce, 

Pettus, 

Pliillips, 

Pillans, 

Pitts, 

Porter, 

Ren  fro, 

Keynolds  (Chilton;, 

Reynolds  (Henry), 

Robinson, 

Rogers  ( Lowndes ) , 

Rogers  ( Sumter) , 

Sam  ford, 

Sanders, 

Sanford, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A. 


Smith,  Morgan  M.,. 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

W^illett, 

Williams  ( Barbour ), 

Williams  (]Marengo). 

Williams  (Elmore), 

Wilson  (Washington) 

\VINN— 137. 


LEAVE  OF  ABSENCE. 


AVas  granted  to  Messrs.  Wilson  of  Clarke  indefinitely  ^ 
Craig  for  Saturday  and  Monday;  Tayloe  for  Satur- 
day; Kirkland  for  to-day  and  to-morrow;  Reynolds  of 
Henry  for  to-day  and  to-morrow ;  Bethune  for  Saturday ; 
Kyle  for  Saturday,  Monday  and  Tuesday;  Burnett  for 
to-morrow;  Foshee  for  to-day  and  to-morrow;  Searcy 
for  to-day  and  to-morrow;  Fain,  assistant  door  keeper, 
for  to-morrow;  Diike  indefinitely;  Sollie  for  to-day  and 
to-morrow;  and  Williams  of  Elmore  for  to-morrow; 
Harrison  for  to-morrow;  Jackson  for  Saturday  and 
Alonday;  Renfro  for  to-day  and  Saturday;  Alacdonald 
for  this  afternoon;  Sloan  for  to-morrow  and  Monday;". 
W-eatherly  for  this  afternoon;  IMorrisette  indefinitely  On 
account  of  sickuees;  Yaughau  for  Saturday  and  AFon- 
day.     . 


Constitutional  Convention.  723 

report  of  committee  on  .lournal. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  forty-second 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman, 

The  report  of  the  committee  was  concurred  in, 
resolutions. 

The  following  resolutions  were  offered,  the  rules 
were  suspended,  and  the  resolutions  were  adopted : 

Kesolution  240,  by  Mr.  Sanders: 

Resolved,  That  the  Sergeant-at-Arms  be  instructed  to 
place  at  least  four  more  fans  in  this  hall. 

Resolution  241,  by  Mr.  Harrison : 

Resolved,  That  the  privileges  of  the  floor  of  tliis  Con- 
vention be  and  the  sanu^  are  hereby  extended  to  Hon. 
John  D.  Little,  Speaker  of  the  House  of  Representatives 
of  the  State  of  Georgia;  and  the  Hon.  B.  S.  Niller,  a 
member  of  the  House  of  Re])resentatives  of  the  State  of 
Georgia,  during  their  stay  in  the  Capital  of  Alabama. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced  by  unani- 
mous consent,  severally  read  one  time  at  length,  and  re- 
ferred to  appropriate  committees,  as  follows : 
Ordinance  418,  by  Mr.  Carmichael,  of  Coffee : 
To  amend  Section  4  of  Article  XI  of  the  present  Con- 
stitution.    (Relating  to  the  tax  rate  of  the  State.) 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  419,  by  Mr.  Jones,  of  Wilcox : 
To  provide  for  the  issuance  of  bonds,  in  the  event  of 
the  annexation  of  any  foreign  territory  to  this  State 
by  purchase. 


724  JouRXAi.  OF  Alabama 

The  ordinance  Wti8  referred  to  the  Committee  on 
Legishitive  Department. 

REPORTS   OF   STAXDIXG   COMMITTEES. 

Mr.  (iraham  of  TaHadega,  siibiiiitted  the  foHowing 
report,  Avhich  was  read  at  length,  and  laid  upon  the 
table,  and  300  copies  ordered  printed : 

REPORT  OF  THE  COMMITTEE  OX  EDICATIOX. 

Mr.  President: 

The  Committee  on  Education  directs  me  to  submit  an 
ordinance  to  be  incorporated  in  the  new  Constitution 
as  Article  — ,  Education. 

A  few  brief  explanati(»ns  and  introductory  remarks 
are  necessary  to  the  proper  understanding  of  the  work 
and  purposes  of  the  Committee. 

Section  1.  This  section  has  been  changed  by  strik- 
ing out  the  word  "equal"  as  a  basis  of  apportionment 
and  substituting  in  substance  and  fact  the  proyision 
for  a  free  school  term  of  equal  length  as  the  basis  of  di- 
vision of  the  school  fund  in  the  respectiye  townshii>s 
and  districts;  but  leaves  the  apportionment  to  the  sev- 
eral counties  acording  to  the  number  of  school  children 
therein.     The  latter  plan  is  not  a  change. 

Sections  2  and  3  remain  unchanged. 

Section  4  presents  a  change  in  detail  but  not  in  ef- 
fect. It  provides  that  all  poll  taxes  shall  be  applied 
to  the  public  schools  in  the  counties  where  levied  and 
collected,  but  leaves  the  regulation  thereof  as  to  amount 
and  those  subject  to  such  tax  to  the  Articles  on  Taxation 
and  SuiTrage. 

Section  5  presents  apparently  the  greatest  change, 
yet  in  fact  is  largely  a  change  in  method  only. 

The  object  of  the  Committee  was  and  is  merely  to 
guarantee  as  nearly  as  jwssible  the  present  State  school 
fund  as  the  minimum  Constitutional  fund. 

The  Sixteenth  Section,  interest  and  surplus  revenue 
funds  are  trust  funds  and  must  remain  unchanged: 


Constitutional  Convention.  725 

hence  the  first  part  of  the  old  Sectiou  5  remains  un- 
changed. 

The  present  State  appropriation  proper  is  |550,000,, 
and  to  this  is  added  the  special  1  mill  tax,  which  for  the- 
year  1900  has  yielded  to  this  date  |256,117.50,  as  shown: 
by  the  Auditor- s  books;  and  a  reliable  estimate  from 
this  office  shows  that,  notwitlistanding  the  total  assess- 
ment of  1266,893,288  for  the  year  1900,  the  1  mill  tax 
Avill  not  exceed  |257,000.  This  heiug  true,  the  total 
fund  available  for  the  scholastic  year  ending  next  Sep- 
tember, exclusive  of  poll  tax  and  trust  fund  interest^ 
Avill  be  1550,000  plus  the  1  mill  tax,  |257,000,  or  |807,- 
000. 

In  lieu  of  this  annual  appropriation  and  1  mill  tax^ 
the  committee  has  substituted  an  annual  3  mill  tax,  or 
30  cents  on  each  .flOO.  A  3  mill  tax  on  the  assessed 
valuation  of  last  year  would  yield  .|771,000  as  an  annual 
fund,  which  would  be  .|36,0()0  less  than  the  fund  for  the 
present  year.  If  the  State  should  prosper  and  the  assess- 
ment for  1901  should  reach  |280,000,000,  a  3  mill  tax 
would  yield  |806,400  as  a  school  fund,  because  only 
about  96  per  cent,  of  the  total  is  collected.  It  will, 
therefore,  be  readily  observed  that  the  3  mill  plan  would 
approximately  furnish  the  same  revenue  year  in  and 
year  out,  that  we  now  have  from  the  general  appropria- 
tion, and  the  1  mill  tax.  The  superior  merit  of  this 
plan  is  that  it  fixes  the  school  fund  permanently,  and 
does  not  leave  it  to  the  (lenin'al  Assembly  as  a  matter 
of  conteuti(tn  at  every  session.  It  is  a  sliding  scale.  If 
the  State  prospers  and  assessnumts  increase,  the  schocds 
get  a  larger  fund.  If  values  decrease  then  the  schools 
share,  as  they  should,  the  adverse  conditions. 

The  ]U"esent  system  of  general  biennial  appro})riations,. 
suj^plemented  by  the  1  mill  special  tax,  gives  rise  tO" 
endless  trouble  in  book-keeping  and  estimates  of  the- 
fund,  and  to  efforts  t-nd  alarm  upon  the  part  of  true- 
friends  of  education  lest  the  .-ipproifri'ition  may  be  de- 
creased and  the  scliool  term  slioi'tened. 

Tbe  Auditor,  in  his  report  for  1899.  recommends  that 
the  plan  of  this  committee  be  adopted,  though  at  a  dif- 
ferent rate. 


726  JoLKXAL  OF  Alabama 

Section  G  remains  imclianged. 

Section  7  remains  imclianged  except  that  the  term  of 
office  and  mode  of  election  are  left  out  for  the  reason 
that  the  Executive  Article  has  alread}^  proWded  for 
these  things. 

Sections  8  and  9  remain  unchanged. 

Section  10  remains  unchanged  except  that  the  institu- 
tions for  the  deaf  and  blind  at  Talladega  and  the  Ala- 
bama Girls'  Industrial  School  at  Montevallo  are  State 
educational  institutions  that  should  properly  be  in- 
cluded therein,  and  it  is  so  done. 

Section  11  is  a  new  section  which  provides  for  taking 
a  ischool  census  not  ofteuer  than  once  in  two  years, 
and  throwing  proper  safeguards  around  the  same.  This 
it  seems  A\'Ould  readily  command  the  appreciation  and 
approval  of  the  Convention. 

Section  12.  This  is  a  new  section  which  is  a  modifica- 
tion of  an  amendment  ottered  to  the  Article  on  Taxation 
by  the  chairman  of  that  committee.  It  provides  for  a  1 
mill  local  tax,  with  the  county  as  a  unit,  to  be  voted  in 
the  respective  counties  l)y  (iO  per  cent,  of  the  qualified 
electors  voting  at  such  election.  This  provision  has  been 
favorably  reported  because  of  its  merits  and  in  view  of 
the  reduction  of  the  State  limit  of  taxation  to  65  cents. 
Under  it  the  State  and  county  rate  combined  can  never 
exceed  |1.25  per  .f  100,  and  it  is  local  self  government  in 
behalf  of  better  schools. 

Section  13  is  Section  11  of  the  present  Constitution, 
and  is  incorporated  herein  without  change. 

There  are  some  minority  views  which  will  either  be 
attached  to  this  report,  or  expressed  upon  the  floor  of 
the  Convention  at  the  proper  time,  the  gentlemen  in 
the  minority  having  reserved  this  ])rivilege. 

All  ordinances  and  resolutions  are  herewith  returned, 
the  same  having  had  careful  consideration  by  the  com- 
mittee. Tliey  arc  of  the  opinion  that  any  further  mat- 
ters than  those  reiioited  in  this  article  should  be  left  to 
tlie  Ceneral  AsstMubly. 

Jos.  B.  CiUAiiA?*!,  ChdiniKiii. 


Constitutional  Convkntion.  727 

AKTICLE  — 

.    EDLX'ATION. 

Section  1.  The  General  Assembly  shall  establish,  or- 
ganize and  maintain  a  liberal  system  of  public  schools 
thi'oiighout  the  State  for  the  benefit  of  the  children 
thereof  between  the  ages  of  7  and  21  years.  The  public 
school  fund  shall  be  apportioned  to  the  several  counties 
in  proportion  to  the  number  of  school  children  of  school 
age  therein,  and  shall  be  so  apportioned  to  tjhe  schools 
in  the  districts  or  townships  in  the  c(junty  as  to  pro- 
vide, as  nearly  as  practicable,  school  terms  of  equal 
duration  in  such  school  districts  or  townships.  Separ- 
ate schools  shall  be  provided  for  white  and  colored 
children  and  no,  child  of  either  race  shall  be  permitted 
to  attend  a  school  of  the  other  race. 

Sec.  2.  The  principal  of  all  funds  arising  from  the 
.sale  or  other  disposition  of  lands  or  other  property, 
which  has  been  or  may  hereafter  be  granted  or  entrusted 
to  this  State  or  given  by  the  United  States  for  education- 
al purposes,  shall  be  preserved  inviolate  and  undimin- 
ished ;  and  the  income  arising  tlnn-efrom  sliall  be  faith- 
fully applied  to  the  sj^ecific  object  of  the  original  grants 
or  appropriations. 

Section  3.  All  lands  or  other  property  given  by  indi- 
viduals, or  appropriated  by  the  State  for  educational 
purposes,  and  all  estates  of  deceased  persons,  who  die 
without  leaving  a  will  or  heir,  shall  be  faithfully  ap- 
plied to  the  maintenance  of  the  public  schools. 

Sec.  4.  All  poll  taxes  levied  and  collected  in  this 
State  shall  be  applied  to  the  support  of  the  public 
schools  in  the  respective  counties  where  levied  and  col- 
lected. 

Sec.  5.  The  income  arising  from  the  Sixteenth  Sec- 
tion trust  fund,  the  surplus  revenue  fund,  until  it  is 
<"a]led  for  by  the  United  States  government,  and  the 
funds  enumerated  in  Sections  3  and  4  of  this  Article, 
together  with  the  special  annual  tax  of  30  cents  on  each 
flOO  dollai*s  of  taxable  property  in  this  State  shall  be 
applied  to  the  support  and  maintenance  of  the  public 


728  Journal  of  Alabama 

schools  and  it  shall  be  the  duty  of  the  General  Assem- 
bly to  increase,  from  time  to  time,  the  public  school 
fund  as  the  necessity  therefor  and  the  condition  of  the 
treasury  and  the  resources  of  the  State  may  justify. 
Provided,  that  nothing  herein  contained  shall  be  so  con- 
strued as  to  authorize  the  (leneral  Assembly  to  levy  in 
any  one  year  a  greater  rate  of  taxation  than  65  cents 
on  each  |100  worth  of  taxable  property. 

Sec.  6.  Not  more  than  4  per  cent,  of  all  moneys  raised 
or  which  may  hereafter  be  appropriated  for  the  support 
of  public  schools,  shall  be  used  or  expended  otherwise 
than  for  the  payment  of  teachers  employed  in  such 
schools;  provided,  tlMt  tlie  (ireneral  Assembly  may,  by 
a  vote  of  two-thirds  of  each  House,  suspend  the  opera- 
tion of  this  section. 

Sec.  7.  The  supervision  of  the  public  schools  shall  be 
vested  in  a  Superintendent  of  Education,  whose  powers, 
duties  and  compensation  shall  be  fixed  by  law. 

Sec.  8.  No  money  raised  for  the  support  of  the  public 
schools  of  the  State  shall  be  appropriated  to  or  used  for 
the  supjmrt  of  any  sectarian  or  denominational  school. 

Sec,  1).  Tlie  State  University  and  the  Agricultural 
and  Mechanical  College  (now  called  the  Alabama  Pol^-- 
technic  Institute,  shall  each  be  under  the  management 
and  control  of  a  Board  of  Trustees.  The  Board  for  the 
University  shall  consist  of  two  members  from  the  Con- 
gressional district  in  which  the  University  is  located, 
and  one  from  each  of  the  other  Congressional  districts 
in  the  State.  The  Board  for  the  Agricultural  and  Me- 
chanieal  Colleg(^  shall  consist  of  two  members  from  the 
Congressional  district  in  which  tlie  college  is  located 
and  one  from  each  of  the  other  Congressional  districts 
in  the  State,  said  Trustees  shall  be  a])])ointed  by  the 
Governor  by  and  with  the  advice  and  consent  of  the 
Senate,  and  shall  hold  office  for  a  term  of  six  years  and 
until  their  successors  shall  be  appointed  and  (pialified. 
After  the  first  ai)i)ointment  each  Board  shall  be  divided 
into  three  classes,  as  nearly  equal  as  nuiy  be.  The  seats 
of  the  first  class  shall  be  vacated  at  the  expiration  of 
two  years,  and  those  of  the  second  class  in  four  yeai*s, 
and  those  of  the  third  class  at  the  end  of  six  vears  from 


Constitutional  Convention.  729^ 

the  date  of  appointment,  so  that  one-third  may  be  chosen 
biennially.  No  Trustee  shall  receive  any  pay  or  emolu- 
ment other  than  his  aetiral  expenses  ineurred  in  the  dis- 
charge of  his  duties  as  such.  The  Governor  shall  be  ex- 
officio  President,  and  the  Superintendent  of  Education, 
ex-officio  mend)er  of  each  of  said  Boards  of  Trustees. 

Sec.  10.  The  General  Assembly  shall  have  no  power 
to  change  the  location  of  the  State  University  or  the- 
Agricultural  and  ^lechanical  College,  or  the  institu- 
tions for  deaf  and  blind,  or  the  Alabama  Girls'  Indus- 
trial School,  as  now  established  by  law,  except  upon  a 
vote  of  two-thirds  of  the  General  Assembly,  taken  by 
jeR^  and  nays  and  entered  upon  the  Journals. 

Sec.  11.  The  General  Assend)ly  shall  provide  for  tak- 
ing a  school  census  by  townships  and  districts  through- 
out the  State  not  oftener  than  once  in  two  years,  and 
shall  provide  for  the  punishment  of  all  ]>ersons  or  offi- 
cers making  false  and  fraudulent  enumerations  and  re- 
turns; provided,  the  State  Superintendent  may  order 
and  supervise  the  taking  of  a  new  census  in  an}-  town- 
ship, district,  or  county,  whenever  he  may  have  reason- 
able, cause  to  believe  that  false  or  fraudulent  returns 
have  been  made. 

Sec.  12.  The  several  counties  in  this  State  shall  have 
power  to  levy  and  collect  a  special  tax  not  exceeding  10 
cents  on  each  |100  of  taxable  property  in  such  counties, 
for  the  support  of  public  schools;  provided,  that  the 
rate  of  such  tax,  the  time  it  is  to  continue,  and  the 
purpose  thereof  shall  have  been  first  submitted  to  a 
vote  of  the  c[ualified  electors  of  the  county  and  voted 
for  by  three-fifths  of  those  voting  at  such  election;  but 
the  rate  of  such  special  tax  shall  not  increase  the  rate 
of  taxation.  State  and  county  combined,  in  any  year, 
more  than  |1.25  on  each  flOO  of  taxa])le  property;  ex- 
cluding, however,  all  special  county  taxes  for  jmblic 
buildings,  roads,  bridges  and  payment  of  del)ts  existing 
at  the  ratification  of  the  Constitution  of  1875 ;  provided, 
that  such  funds  so  raised  shall  be  so  ap])ortioned  and 
paid  through  the  proper  school  officials  to  the  several 
schools  in  the  townships  and  districts  in  said  county, 
that  the  school   terms  of  the  respective  schools   shall 


730  Journal  of  Alabama 

be  extended  by  such  supplement  as  nearly  the  same 
length  of  time  as  practicable. 

The  Greneral  Assembly  shall  provide  for  carrying  the 
provisions  of  this  section  into  effect. 

Sec.  13.  The  provisions  of  this  article  and  of  .any  act 
of  the  (ieneral  Assembly  passed  in  pursuance  thereof 
to  establish,  organize  and  maintain  a  system  of  public 
schools  throughout  the  State,  shall  apply  to  Mobile 
county  oidy  so  far  as  to  authorize  and  require  the 
authorities  designated  by  law  to  draw  the  portions  of 
the  funds  to  which  said  county  shall  be  entitled  for 
school  purposes,  and  to  make  reports  to  the  Superin- 
tendent of  Education  as  may  be  prescribed  by  law.  And 
all  special  incomes  and  powers  of  taxation^  as  now 
authorized  by  law  for  the  benefit  of  public  schools  in 
«aid  county,  shall  remain  undisturbed  until  otherwise 
provided  by  the  General  Assend)ly;  provided,  that 
separate  schools  for  each  race  shall  always  be  main- 
tained by  said  school  authorities. 

MINOKITY  REPORT  OF  THE  COMMITTEE  OX   EUUCATIOX. 

Mr.  ]*resident: 

Tlie  undersigned,  minority  of  your  Committee  on 
Education  does  not  concur  in  that  part  of  the  report  em- 
l)raced  in  Section  9,  in  reference  to  the  University  of 
Alabama. 

While  this  institution  has  done  great  service  for  the 
State  under  existing  conditions;  it  is  the  opinion  of  the 
minority  that  the  usefulness  of  the  University  will  be 
<^nh'anced  by  pro  Aiding  that  the  Governor  shall  not  be 
a  member  of  the  Board  of  Trustees,  and  that  the  said 
Board  be  autliorized  to  elect  its  own  ]n*esiding  officef. 
It  seems  in  lino  with  a  true  and  broad  policy  that  the 
appointing  power  should  not  be  a  member — nor  ex-officio 
president — of  the  Board  appointed. 

No  recommendation  is  made  l>y  this  minority  in  re- 
gard to  other  State  institutions  for,  the  reason  that  they 
have  expressly  petitioned  that  no  change  be  made  in 
their  management. 


CONSTITUTIUNAL  COXVENTIOX.  731 

Your  luinoi'ity  docs  not  think  that  the  fact  that  other 
institutions  are  satisfied  with  the  existni;'  conditions 
.should  deter  tlie  University  from  taking'  a  pro<>Tessive 
.step.  The  State  Universit}^  is  in  a  chvss  by  itself  and 
the  fact  that  the  (lOvernoT  is  ex-offieio  a  member  of  the 
Board  of  Trustees  of  the  Alabama  Polytechnic  Institute 
or  of  P.oards  of  Trustees  of  certain  Ai>ricultural  schools 
is  no  reason  why  he  should  be  a  mend)er  of  the  Board  of 
Trustees  for  the  University. 

Therefore  the  undx^rsigned  minority  of  your  Com- 
mittee on  Education  recommends  that  the  words  ''each 
of  said  Boards  of  Trustees"  at  the  end  of  Section  9  of 
the  report,  be  stricken  out,  and  that  there  shall  be  added 
in  lien  thereof  the  words:  "The  Board  of  Trustees  of 
the  Alabama  Polytechnic  Institute.  The  Superinten- 
dent of  Education  shall  be  ex-officio  a  member  of  the 
Board  of  Trustees  of  the  University;  and  the  said  Board 
shall  elect  its  own  President.'' 

EuLE  Pettus. 
John  T.  Ashcuaft, 
P.  W.  Hodges, 
John  A.  Rogers, 
D.  S.  Bethune. 
Jp:re  N.  Williams, 
Henry  Opp, 
Minority  of  the  Committee  on  Education. 

minority  report. 

Mr.  President : 

The  undersi.o'ned,  members  of  the  Committee  on  Edu- 
cation, rejii-et  that  they  are  unable  to  agree  with  the  ma- 
jority on  the  provisions  of  Section  12  of  the  Article  on 
Education,  and  beg  leave  to  submit  a  minority  report 
proposing  a  substitute  for  said  Section  12. 

This  section  as  reported  by  the  majority  of  the  com- 
liiittee  provides  for  the  levy  by  the  county  of  a  1  mill 
tax  for  schools.  The  majority  claim  this  is  local  self 
government  in  l)elialf  of  better  schools.  The  leading  edu- 
cators of  tliis  State  agree  that  the  cause  of  education 
would  l)e  greatly  accentuated  by  a  wise  plan  of  local 


732  JouuxAL  OF  Alabama 

assessment  for  schools  because  of  the  hiral  initiative 
and  pride  produced  by  a  direct  contribution  by  a  com- 
munity to  its  schools.  Local  assessments  contribute  to 
the  interest  in  the  schools  as  well  as  to  its  funds.  Edu- 
cators recognize  the  former  as  the  more  valuable  con- 
tribution. The  plan  proposed  b}'  the  committee  has 
none  of  the  advantages  of  local  assessments. 

The  minority  believe  that  both  local  and  race  initia- 
tive should  be  encouraged.  The  ])lan  proposed  by  them 
has  these  two  ends  in  view.  They  are  aware  that  some 
persons  have  urged  constitutional  objections  against 
the  right  of  each  race  to  contribute  something  to  its  own 
schools  independently  of  the  other  race,  l)Ut  they  do  not 
believe  these  objections  are  well  taken.  In  the  Cum- 
niings  case  (175  U.  S.,  p.  528)  the  Supreme  Court  said: 
"While  all  admit  that  the  benefits  and  burdens  of  public 
taxation  must  be  shared  l\v  citizens  without  discrimina- 
tion against  any  class  <m  account  of  race,  the  education 
of  the  people  maintained  by  State  taxation  is  a  matter 
belonging  to  the  respective  States,  and  any  interference 
on  the  part  of  Federal  authorities  with  the  management 
of  such  schools  cannot  be  justified  except  in  the  case  of 
a  clear  and  unmistakable  disregard  of  the  rights  secured 
by  the  supreme  law  of  the  land." 

The  court  was  considering  an  application  for  "an  in- 
junction that  would  only  impair  the  efficiency  of  the 
High  Schools  provided  for  the  white  children,  or  compel 
the  Board  to  close  it."  The  court  said :  "If  that  were 
done,  the  result  would  only  be  to  take  from  white 
childi-en  educational  privileges  enjoyed  by  tliem  with- 
out giving  to  colored  children  additional  opportunities 
for  the  education  furnished  in  High  Schools.  The  col- 
ored school  children  of  the  county  wouhl  not  be  ad- 
vanced in  the  matter  of  theii-  education  by  a  decree 
compelling  the  defendant  Board  to  cease  giving  sup- 
port to  a  High  School  for  white  children,"  and  the  in- 
junction Avas  denied. 

In  the  Owensboro  case  (IHth  Fcnleral  Heiiorter,  207), 
the  court  held  that  the  city  of  Owensboro  did  not  have 
the  right  to  impose  taxes  upon  all  citizens  of  the  city  of 
Owensboro  "without  regard  to  their  willingness  or  un- 


COXSTITUTIONAL  CONVENTION.  733 

Willi  11  ij;iu'ss  to  he  taxed,"  and  then  distrihute  the  pro- 
ceeds between  the  races  on  an  unfair  and  unequal  classi- 
fii-ation  or  basis."  Here  the  iJ!,ovei'niueiital  aineiicy  was 
exeirisinji,  its  power  to  tax  all  persons  alike  and  its 
power  to  distribute  one  way  for  the  white  people  and 
another  way  for  the  colored  people.  The  court  held 
that  this  did  not  give  to  all  persons  within  the  jurisdic- 
.tion  of  the  city  of  Owensboro  the  e(iiial  protection  of  the 
Jaws,  and  was  violative  of  the  Fourteenth  Aniendment. 

In  the  Puitt  case  (94th  X.  i\,  709),  the  court  held 
that  the  statutes  of  the  State  of  North  Carolina,  which 
provided  that  white  voters  in  a  township  niight  vote  to 
levy  a  sjjecial  assessment  upon  property  belonging  to 
white  persons  for  school  purjjoses  was  violative  of  two 
provisions  of  the  Constitution  of  that  State;  one  pro- 
viding that  all  taxes  should  be  uniform  and  the  other 
providing  that  there  should  be  no  discrimination  in 
favor  of  or  to  the  prejudice  of  either  race.  The  court 
refused  to  inquire  into  the  consistency  of  the  statute 
with  the  recent  amendments  to  the  Constitution  of  the 
United  States,  but  the  court  added :  "It  is  not  ever}-  dis- 
tinction dependent  upon  race,  or  color,  that  comes  in 
conflict  with  the  Federal  Constitution,  but  only  when  it 
produces  inequality  of  rights  or  interests;  and  when 
this  is  the  result,  the  State  legislation  from  which  it 
Hows  is  rendered  inoperative. 

When  the  same  essential  privileges  are  secured  to  all, 
such  legislation  is  valid  and  rests  in  the  sound  discre- 
tion and  views  of  public  policy'  of  those  who  make  the 
laws."  One  of  the  Justices  declined  to  admit  that  the 
plan  of  local  assessment  referred  to  ^^•as  violative  even 
of  the  strong  provisions  of  the  State  Constitution.  He 
says :  "I  am  of  opinion  that  the  statute  authorizes  in  ef- 
fect a  local  assessment  and  does  not  prescribe  a  public 
tax,  in  the  sense  of  the  Constitution,  and  that  local  as- 
sessments are  not  necessarily  confined  to  particular  real 
property  to  be  effected  by  them  favorably  in  contempla- 
tion of  law." 

It  is  universally  conceded  that  the  State  may,  by  its 
Constitution,  provide  for  separate  schools  for  wliite  and 
colored  children  without  violating  the  Federal  Constitu- 


734  JouKXAL.  OF  Alaua.ma 

tion.  If  separate  suliools  may  l»e  maintained,  cei-t-iinly 
S't^jjarate  rlistricts  may  lie  organized  for  the  patronage- 
of  i^iicii  schools. 

"IMii.s  section  proposed  by  the  minority  iirojioses  that 
"vvliite  school  districts  may  be  laid  out  to  the  greatest 
ad\^antage  of  the  white  people,  and  that  colored  school 
districts  may  be  laid  out  to  the  greatest  advantage  of 
the  colored  ])eople. 

It  is  provided  by  Section  1  of  the  article  that  the  Gen- 
eral School  funds  shall  be  so  apportioned  as  to  main- 
tain equal  school  terms  in  these  districts.  So  far.  it  will, 
be  admitted  that  all  receive  the  equal  protection  of  the' 
laws.  The  substitute  further  ])ropo«es  to  permit  each 
school  district  to  impose  upon  itself  a  local  assessment 
the  better  to  carry  out  the  purpose  for  which  the  dis- 
trict was  organized.  In  this  right  the  colored  districts, 
and  the  white  districts  are  ecpially  })rotected.  Each 
district  is  guaranteed  from  the  (xeneral  School  funds 
reasonable  school  terms.  If  the  members  of  one  dis- 
trict see  fit  to  impose  upon  themselves  the  special  as- 
sessment how  can  it  be  said  that  the  other,  which  has 
the  same  riglit,  is  denied  the  e(iiial  protection  of  the  law. 
If  it  be  said  that  one  district  owns  more  property  tham 
another  the  same  may  be  said  about  the  different  coun- 
ties under  the  jylan  pr<q)osed  l)y  the  nmjority.    ' 

The  white  ]"ice  being  given  an  opportunity  to  do  some- 
thing for  itself  as  a  race  will  no  longer  be  irritated  by 
the  disproportionate  share  which  they  contribute  to  and 
receive  from  tlie  general  fund.  The  negro  being  given 
the  opportunity  to  do  something  as  a  race  will  no  longer 
be  in  the  i>o!-itlon  of  an  absolute  mendicant,  and  will 
have  the  oj)po]  tunity  of  showing  himself  worthy  of  the 
large  share  he  receives  from  the  general  fund.  He  will 
iuive  the  oiqxtitnnity  of  cultivating  self-respect  and  self- 
reliance.  Rare  ])ride  and  race  fraternity  will  take  the 
]>lace  of  that  suspicious  envy  wliich  now  manifests  its;elf 
in  the  conjmission  of  those  crimes  wliich  shock  humanity. 

The  primary  ]»urpose  of  this  Convention  was  to  estab- 
lish a  more  just  relation  betw(M'n  tlie  two  i-aces  and  the 
State,  and  so  to  insure  domestic  tranquility  and  ])ros- 
l)erity. 


CONSTITUTIUXAL  CoXVEXTIOX.  735 

Tlie  diYorceiiK^iit  of  the  white  and  colored  srh(M>l  sys- 
tem stands  side  by  side  in  importance  with  the  proper 
suffrage  reguhitions. 

JOHX    T.    ASHCRAFT, 

EiiLE  ri:TTrs, 
P.  W.  H()i)Gr:s, 
Hexry  Opp, 

Snhstitnt(^  pr()])0sed  by  minority  tor  Section  12  (d* 
majority  report  of  the  Committee  on  p]dncation. 

12.  It  shall  he  the  duty  of  the  County  Superintend- 
ent of  Education,  or  other  school  ofiftcer,  in  each  county 
by  and  with  the  advice  and  consent  of  the  Court  of 
County  Commissioners,  or  body  of  like  jurisdiction,  to 
organize  the  white  people  of  the  county  into  white 
school  districts  and  the  colored  jieople  of  the  county  into 
cohered  school  districts,  according  to  their  respective 
needs  and  advantages,  without  reference  to  each  other 
as  to  territorial  boundaries;  provided,  no  incorporated 
town  or  city  maintaining  a  system  of  public  schools  as 
provided  by  law,  shall  be  separated  into  districts  with- 
out the  consent  of  the'^Mayor  and  Board  of  Aldermen 
of  such  city  or  town. 

For  the  i)urpose  of  building,  enlarging,  improving  or 
furnishing  school  houses  in  any  district  or  for  the  pur- 
pose of  supplementing  the  general  school  fund  received 
from  .  ]'>deral,  State,  county,  municipal  and  other 
sources,  the  Court  of  County  Commissioners  or  body  of 
like  jurisdicti(ui  shall,  as  hereafter  provided,  levy  a 
special  assessment  of  not  more  than  one-fourth  of  1  per 
centum  in  any  one  year  upon  the  property  of  a  white 
person  situated  in  a  white  district,  or  upon  the  property 
of  colored  persons  situated  in  a  colored  district ;  pro- 
Aided,  no  such  levy  shall  be  made  except  upon  the  request 
of  three-iifths  of  the  voters  voting  at  an  election  held  for 
that  ])urpose  and  residing  in  the  district.  At  such  elec- 
tion in  a  white  school  district  only  qualified  white  elec- 
tors shall  be  permitted  to  vote,  and  in  colored  school 
districts  only  qualified  colored  electors  shall  be  per- 
mitted to  vote.  It  shall  be  the  duty  of  the  Probate  Judge 
to  order  such  election  in  any  district  upon  the  petition 


'7S6  JouKNAL  OF  Alabama 

of  not  less  than  one-foiirtli  of  the  voters,  ^ho  will  be 
entitled  to  vote  at  such  election.  The  order  for  such 
election  shall  state  the  purpose  for  which  it  is  proposed 
to  make  the  assessment,  the  rate  of  the  proposed  as- 
sessment and  the  number  of  years  during  which  such 
assessuient  is  proposed  to  be  made.  Notice  of  such  elec- 
tion shall  be  given  and  the  election  held  in  such  man- 
ner as  may  be  provided  by  law  for  such  special  election. 
Ko  proposition  shall  be  made  at  any  such  election  to 
levy  such  special  assessment  during  a  period  of  more 
than  four  years. 

Wlien  any  property  belonging  to  a  corporation  is  situ- 
ated in  a  white  school  district  where  a  special  assess- 
ment is  to  be  made,  as  herein  provided,  such  assessment 
shall  be  levied  upon  such  proportion  of  the  value  of  such 
property  as  the  number  of  white  children  of  school  age 
in  the  county  bears  to  the  whole  number  of  children  of 
school  age  in  the  county.  When  such  property  is  situ- 
ated in  a  colored  school  district  where  such  assessment 
is  made,  it  shall  be  levied  upon  such  proportion  of  the 
value  thereof  as  the  number  of  colored  children  of  school 
age  in  the  county  bears  to  the  whole  number  of  children 
of  school  age  in  the  county. 

Mr.  Foster,  chairman  of  the  Committee  on  Amending 
the  Constitution  and  Miscellaneous  Provisions,  sub- 
mitted the  following  report,  which  was  laid  upon  the 
table  and  300  copies  ordered  printed : 

REPORT  OF  THE  COMMITTEE  OX  AMEXI)IX(4  THE  COXSTITU- 
TIOX    AXD    MISCELLAXEOUS    PROVISIOXS. 

Mr.  President : 

Your  Committee  on  Amending  the  Constitution  and 
Miscellaneous  Provisions,  respectfully  report  back  ordi- 
nance No.  412,  by  Mr.  ^lerrill,  of  Barbour,  with  the 
recommendation  that  it  be  adopted  by  this  Convention. 

Respectfully  submitted : 

J.  M.  Foster.  Chairman. 


Constitutional  Convention.  737 

Ordinance  412,  by  ^Mr.  Merrill: 

An  ordiuani-e  relatiui;;'  to  the  bonded  indebtedness  of 
the  State. 

Be-  it  ordained  by  tlie  people  of  the  State  of  Alabama, 
in  Convention  assembled.  That  an  act  of  the  General 
Assembly  of  Alabama,  entitled  ''An  act  to  consolidate 
and  adjust  the  bonded  debt  of  the  State  of  Alabama," 
approved  February  ISth,  1S95,  and  an  act  amendatory 
thereto,  entitled  ''An  act  to  amend  Section  6  of  an  act 
to  consolidate  and  adjust  the  bonded  debt  of  the  State 
of  Alabama,"  approved  February  ISth,  1895,  which  said 
last  named  act  was  approved  February  IGtli,  1899,  be 
and  the  same  are  hereby  made  valid  and  both  of  said  acts 
shall  have  the  full  force  and  etfect  of  law.  The  Gover- 
nor is  authorized  and  empowered  to  act  under  tlie  same 
and  carry  out  all  the  provisions  thereof. 

stenographic  report. 

^Messrs.  Malone  and  Vaughan  called  the  attention  of 
the  Convention  to  certain  errors  in  the  stenoi>,raphic  re- 
port of  the  proceedings  on  yesterday. 

The  report  was  ordered  corrected. 

question  of  personal  privilege. 

Mr,  Smith,  of  Mobile,  arose  to  a  question  of  personal 
privilege,  and  proceeded  to  state  his  question  of  provi- 
lege  as  follows : 

On  yesterday  after  the  debate  between  the  gentleman 
from  Lauderdale  and  myself,  the  gentleman  from 
Lauderdale  rose  to  a  question  of  personal  privilege. 
Owing  to  the  location  of  my  seat,  I  was  unable  to  hear 
what  the  gentleman  was  saying,  and  called  his  attention 
to  that  fact.  The  official  report  omits  any  note  of  the 
fact  that  I  did  call  the  gentleman's  attention  to  the 
fact  that  I  was  not  hearing  what  was  being  said.  I  con- 
cluded to  wait,  however,  until  I  could  get  the  official  re- 
port of  the  debates  between  tlie  gentleman  and  myself, 
and  also  his  remarks  upon  the  question  of  personal  privi- 
lege.    T  have  this  morning  g'one  over  the  record  in  that 

47 


738  JouRXAL  OF  Alaba:ma 

respect,  and  I  beg  to  say  that  the  debiite  of  the  geutle- 
mau  from  Laiidei-dale,  as  it  appears  in  the  record,  is  not 
substantially  what  I  understood  him  to  say  on  the  lioor 
of  the  Convention  on  yesterday.  I  desire  further  to  say 
that  if  I  had  understood  the  remarks  of  the  ge-ntlemaa 
to  contain  only  the  substance  of  what  the  official  report 
contains,  there  is  much  that  was  said  by  myself  that  I 
should  have  been  glad  to  omit.  I  thought,  however,  upon 
reading  those  remarks,  that  probably  the  things  criti- 
cised by  myself,  arose  from  the  suddenness  and  passion, 
of  the  debate,  and  was  not  inclined  to  call  any  atten- 
tion to  the  errors  in  the  record  until  reading  the  gentle- 
man's remarks  under  personal  privilege.  I  find  that  the^^ 
were  all  based  upon  the  proposition  that  there  was 
nothing  in  the  debate  said  by  himself,  calling  for  the- 
criticism.  As  the  gentleman  placed  his  statement  of 
personal  privilege  upon  that  basis,  I  regret  exceedingly 
that  the  stenographer  should  have  left  out  the  substance 
of  the  matters  criticised  by  myself,  and  I  feel  that  the 
omission  of  those  remarks,  followed  by  the  remarks  of 
the  gentleman  upon  personal  privilege,  do  me  a  great 
injustice.  I  think  a  true  report  of  the  remarks  of  the- 
gentleman  should  have  been  nmde  to  the  Convention. 

Mr.  O'Neal,  of  Lauderdale,  also  arose  to  a  question 
of  personal  privilege,  and  proceeded  to  state  his  ques- 
tion of  privilege  as  follow^s  r 

Mr.  O'Neal,  of  Lauderdale:  I  rise  to  a  question  of 
personal  privilege.  The  report  of  the  stenographer 
contains  the  substance,  word  for  Avord,  what  I  said,  but 
there  were  some  remarks  made  yesterday  by  the  gentle- 
man from  Mobile  which  I  did  not  catch  at  the  time,  and 
which  I  am  unwilling  to  let  pass  unchallenged. 

I  think  it  proper  that  I  should  state,  Mr.  President, 
that  I  announced  to  the  Convention  on  yesteMay  that 
it  had  been,  from  the  outset,  the  purpose  of  the  com- 
mittee, Avhich  T  had  tbe  honor  to  represent,  to  insert  no 
provision  in  the  article  in  reference  to  Local  Legisla- 
tion which  would  abridge  the  power  of  the  General  As- 
sembly to  enact  such  laws  in  reference  to  the  sale  of  in- 
toxicating liquors  as  they  might  deem  proper.  T  made 
that  statement  repeatedly  during  my  argument,  and  an- 


Constitutional  Convention.  739 

noimced  that  I  was  willing  to  incorporate  a  section  in 
my  article  to  that  effect.  Now,  the  gentleman  says  that 
I  made  that  proposition,  in  order  to  secure  an  alliance 
Avith  the  dispensary  element  to  strike  down  the  inter- 
ests of  the  city  of  Mobile.  1  suppose  that  statement  of 
mine  in  reference  to  my  willingness  to  incorporate  such 
a  provision  in  reference  to  the  sale  of  liquors  was  the 
basis  of  that  statement.  I  desire  to  say  the  charge  the 
gentleman  makes  does  me  gross  injustice  and  is  unwar- 
ranted, and  I  do  not  believe  that  the  gentleman  would 
have  made  it  except  in  temper. 

I  desire  to  say  furthermore,  ]Mr.  President,  that  the 
gentleman  undertook  to  refer  yesterday  with  contempt 
to  my  intellectual  powers,  and  to  characterize  me  as  the 
great  chairman  of  the  committee,  who  arrogated  to  him- 
self all  the  wisdom  of  the  Convention.  I  desire  to  say 
whatever  intellectual  powers  I  may  possess  are  from 
my  Creator,  and  I  am  only  responsible  for  their  use.  I 
have  never  used  them  for  any  other  purpose  except  to 
promote  the  interests  of  the  people  of  my  State.  I  do 
not  expect,  nor  do  I  suppose,  any  other  delegate  in  this 
Convention  ever  expects  to  reach  the  high  and  lofty  pin- 
nacle of  greatness  upon  which  the  distinguished  dele- 
gate from  ]Mo))ile  sits,  enthroned  in  solitary  and  cold 
grandeur.  We  common  mortals,  like  myself,  can  only 
gaze  from  afar,  in  fear  and  trembling,  as  one  who  looks 
upon  some  mighty  volcano,  belching  forth  fire,  and 
smoke. 

Now,  sir,  in  reference  to  any  threat  on  my  ])art  to  at- 
tack the  vested  interests  of  the  city  of  Mobiles  I  desire 
to  say  that  this  controversy  is  not  of  my  seeking.  I  de- 
sire to  say  in  justice  to  the  other  delegates  from  the  city 
of  ^Mobile,  who  are  my  personal  friends,  and  from  whom 
I  have  only  received  courtesy  and  kindly  treatment,  that 
I  did  not  come  to  this  Convention  with  any  feeling  of 
hostility  to  the  great  city  of  Mobile,  hut  with  an  earnest 
desire  to  promote  her  prosperity  and  to  advance  the  in- 
terest of  every  other  community  in  our  great  common- 
wealth. I  desire  to  say  that  if  at  any  time  the  question 
as  to  the  justice  of  the  city  of  Mobile  retaining  part  of 
the  general  funds  of  the  State  and  appropriating  it  to 


740  Journal  of  Alabama 

her  own  purposes,  should  be  raised  in  this  Couvention, 
I  shall  then  undertake  to  decide  the  controversy  as  be- 
comes a  delegate  upon  this  lloor,  aecording  to  my  con- 
science and  my  judgment,  unterrifled  and  uninfluenced 
b}^  the  therats  or  b}'  the  invectiTe  and  ridicule  of  the 
mighty  Ajax  from  the  (julf  city. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  -Local  Legislation. 

The  question  was  upon  the  amendment  to  Section  5, 
proj^osed  by  the  Committee  on  Legislative  Department. 

Mr.  O'Neal,  of  Lauderdale,  offered  the  following  sub- 
stitute for  Section  5  and  the  amendments : 

The  General  Assembly  may,  by  general  law,  confer 
upon  Courts  of  ( 'ounty  Commisioners,  Boards  of  Reve- 
nue or  ujion  such  other  tribunals  in  each  county  as  may 
he  created  by  the  General  Assembly,  such  powers  of  local 
legislation  and  administration  touching  such  matters 
and  things  (Avhich  are  not  provided  for  by  general  law,) 
and  are  not  inconsistent  with  the  provisions  of  this  Con- 
stitution, as  the  General  Assembly  may  from  time  to 
time,  deem  expedient ;  provided  such  courts  or  tribunals 
shall  not  be  authorized  to  exercise  such  powers  of  local 
legiskvtion  except  during  a  term  thereof  held  exclusively 
for  that  purpose;  and  that  such  terms  shall  not  extend 
beyond  30  days,  and  shall  not  be  held  more  than  once  in 
twv>  years;  but  special  terms  of  such  courts  for  such 
purpose  of  not  more  than  3  days'  duration  may  be 
fiuthorized  to  be  called  at  any  time  by  the  Judge  of  Pro- 
bate upon  such  notice  as  may  be  prescribed  by  the  Leg- 
islature when  necessary  to  consider  one  or  more  special 
subjects  of  local  legislation;  and  provided  further,  that 
the  General  Assembly  may  abolish  such  courts,  boards 
or  other  tribunals  and  establish  other  courts  or  bodies 
with  like  powers  in  lieu  thereof,  wh^n  in  the  discretion 
of  the  General  Assembly  it  may  be  deemed  to  be  for  the 
best  interest  of  an^-  county. 

The  substitute  of  Mr.  O'Neal,  of  Lauderdale,  was  lost. 


CuNSTITUTIOXAL  CONVENTION.  741 

The  question  recurred  upou  the  adoption  of  the  sub- 
stitute ottered  by  the  Legislative  Department,  which 
reads  as  follows : 

The  General  Assembly  shall  pass  general  laws  under 
which  local  and  private  interests  shall  be  provided  for 
and  protected. 

The  substitute  was  adopted. 

On  motion  of  ]Mr.  Gates  section  5,  as  amended,  wa» 
adopted. 

SECTION   SIX. 

Sec.  6.  A  general  law,  within  the  meaning  of  this  ar- 
ticle, is  a  law  which  applies  to  the  whole  State;  a  local 
law  is  a  law  which  applies  to  any  political  subdivision 
or  subdivisions  of  the  State  less  than  the  whole— a  spe- 
cial or  private  law  within  the  meaning  of  this  article 
is  one  which  applies  to  an  individual,  association  or  cor- 
poration. 

Was  read  at  length. 

By  unanimous  consent  Mr.  G'Neal,  of  Lauderdale,  in- 
serted the  words  "is  one''  after  the  word  "article"  andL 
before  the  word  "which." 

Gn  motion  of  Mr.  O'Neal,  of  Lauderdale,  Section  6 
was  adopted. 

Mr.  Boone  offered  the  following  amendment  to  con- 
stitute Section  7  of  the  arficle : 

Sec.  7.  The  courts  can  take  judicial  notice  of  any 
municipal  charter. 

Mr.  O'Neal,  of  Lauderdale,  moved  to  table  the  sec- 
tion offered  by  Mr.  Boone. 

The  motion  prevailed,  and  the  section  offered  by  Mr. 
Boone  was  laid  upon  the  table. 

Mr.  Watts  offered  the  following  amendment : 

Amend  report  of  Committee  on  Local  Legislation  by 
adding  an  additional  section  to  be  known  as  No.  7,  as 
follows : 

Sec.  7.  No  bill  introduced  as  a  general  law^  into  either 
House  of  the  General  Assembly  shall  be  so  amended  irt 
its  passage  as  to  become  a  special,  private  or  local  law. 

The  amendment  was  adopted. 


742 


Journal  of  Alabama 


ENGROSSMENT. 

On  motion  of  Mr.  O'Neal,  of  Lauderdale,  the  article 
reported  bv  the  Committee  on  Local  Legislation  was 
ordered  enorossed  for  a  third  readino*. 


RECESS. 

The  honr  of  1  o'clock  p.  m.  having  arrived  the  Conven- 
tion adjourned  until  3  :30  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almon, 

Altman, 

Ashe  raft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burnett, 

Burns, 

Bjars, 

Cardon, 

Carmichael  ( Colbert ) , 

Carmichael  ( Coffee ) , 

Carnathon, 

Case, 

Chapman, 


Cobb, 

Cofer, 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Eley, 

Eyster, 

Espy, 

I'^rguson, 

Fletcher, 

Foshee, 

^^)ster. 

F''eeman, 

Gilmore, 

Clover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 


Constitutional  Convention. 


743 


Orant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Hetlin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jones  (I)il)b ), 

Jones  (Hale), 

Jones  ( Montgomery ) , 

Jones  (Wilcox), 

Kirk, 

KnighL, 

Kyle, 

Ledbetter, 

Leigh, 

Long  (Butler), 

Long  (Walker), 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Mai  one, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

INfoody, 

Murphree, 

NeSmith, 

!Norman, 

Norwood, 

Oates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 


Opp, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pitts, 

Porter, 

Proctor, 

Kobinson, 

Kogers  (Lowndes), 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (:\robile). 

Smith,  Mae.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

AYeakley, 

Weatherlv, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Wi  1 1  i  ams  ( Marengo ) , 

Williams  (Elmore), 

Wilson  (Washington), 

Winn— 129. 


744  Journal  of  Alauama 

appointment  of  coinimittees:. 

The  President  aimounced  the  fo]h)wing  committee^ 
raised  under  the  resolution  228,  providino-  for  a  com- 
mittee of  five,  to  see  that  all  artieles,  ordinances,  etc^ 
are  properly  engrossed :  Messrs.  Samford,  Howell,  Proc- 
tor, Vanghan,  Waddell. 

Under  the  resolution  237,  looking  to  the  advisability 
of  reducing  the  number  of  employes  of  the  Convention, 
the  President  announced  the  following  committee: 
Messrs.  Howell,  Cobb,  deCraffenried,  Boone,  Cofer. 

SPECIAL  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the 
special  order,  which  was  the  report  of  the  Committee 
on  State  and  County  Boundaries. 

Mr.  Parker,  of  Cullman,  moved  that  the  report  be  con- 
sidered section  by  section. 

The  motion  prevailed,  and  the  report  Avas  coui^iidered 
section  by  section. 

SECTION   ONE. 

Section  1.  The  boundaries  of  this  State  are  estab- 
lished and  declared  ro  he  as  follows,  that  is  to  say: 

Beginning  at  the  point  where  the  31st  degree  of  north 
latitude  crosses  the  Perdido  river ;  thence  east  to  the 
western  boundary  line  of  the  State  of  Georgia;  thence 
along  said  line  to  the  southern  boundary  line  of  the 
State  of  Tennessee,  thence  west  along  the  southern 
boundary  of  the  State  of  Tennessee,  crossing  the 
Tennessee  river,  and  on  to  the  second  intersection  of 
said  river  by  said  line,  thence  up  said  river  to  the  mouth 
of  Big  Bear  creek ;  thence  by  a  direct  line  to  the  north- 
west corner  of  Washington  county,  in  this  State,  as  ori- 
ginally formed ;  thence  southerly  along  the  line  of  the 
State  of  Mississippi  to  the  Gulf  of  Mexico;  thence  east- 
wardly,  including  all  islands  within  six  leagues  of  the 
shore,  to  the  Perdido  river;  thence  up  said  river  to  the 
beginning;  provided,  that  the  limits  and  jurisdiction  of 


CONSTITUTIOXAL  CONVENTION.  745 

this  state  shall  extend  to  and  include  any  other  land 
and  territory  now  acquired,  or  hereafter  acquired,  by 
contract  or  agreement  with  other  States  or  otherwise, 
although  such  land  and  territory  are  not  included  with- 
in the  boundaries  hereinbefore  designated. 
Was  read  at  length  and  adopted. 

SECTION  TWO. 

Sec.  2.  The  boundaries  of  the  several  counties  of  thi» 
State,  as  they  now  exist,  are  hereby  ratified  and  con- 
firmed. 

AVas  read  at  length. 

Mr.  Cornwell  offered  the  following  substitute  for  Sec- 
tion 2 : 

Sec.  2.  Until  changed  by  the  General  Assembly,  as 
allowed  by  this  Constitution,  the  boundaries  of  the  sev- 
eral counties  of  this  State,  as  heretofore  established  by 
law,  are  hereby  ratified  and  confirmed,  and  no  new 
county  hereafter  formed  shall  contain  less  than  18,000 
inhabitants ;  nor  shall  it  have  less  assessed  taxable  prop- 
perty  than  .|2, 000,000  as,  shown  by  the  last  tax  returns 
nor  shall  it  contain  less  area  than  400  square  miles,  and 
it  shall  be  entitled  to  one  or  more  Representatives  under 
the  ratio  of  representation  existing  at  the  time  of  its 
formation. 

On  motion  of  Mr.  deGraffenried,  the  substitute  of  Mr, 
Cornwall  was  laid  upon  the  table. 

On  motion  Section  2  was  temporarily  passed. 

SECTION  THREE. 

Sec.  3.  The  General  Assembly  shall  have  the  power, 
provided  that  each  house  by  a  majority  of  the  members 
elected  thereto  shall  vote  in  favor  thereof,  to  submit  ta 
a  A'ote  of  the  people  residing  within  the  territory  pro- 
posed to  be  taken  from  one  county  and  given  to  an- 
other, a  change  or  alteration  in  county  lines,  but  no 
such  change  or  alteration  shall  be  made  unless  such  pro- 
posed change  or  alteration  shall  receive  two-thirds  of 
the  votes  of  the  qualified  electors  voting  at  such  election ; 


746 


Journal  of  Alabama 


and,  provided,  that  no  coiintj^  line  sliall  be  changed  or 
altered  so  as  to  reduce  any  oM  county  below  500  square 
miles,  or  which  shall  reduce  the  inhabitants  in  any  such 
county  below  the  number  of  inhabitants  to  entitle  the 
county  to  one  Representative. 

Was  read  at  length. 

Mr.  Howell  offered  the  following  amendment  to  the 
minority  report : 

Amend  the  amendment  otfered  by  the  minority  of  the 
committee  to  Section  3,  Article  II,  by  striking  out  the 
words  "six  hundred''  wherever  they  occur  and  insert  in 
lieu  thereof  "four  hundred." 

Mr.  Long,  of  Walker,  moved  to  table  the  amendment 
of  Mr.  Howell. 

The  motion  prevailed:  Yea's,  77;  naj^s,  36. 


YEAS. 


Messrs.  Almon, 
Banks, 
Barefield, 
Boone,    ^ 
Browne, 
Burns, 
•Cardon, 

Carmichael  ( Colbert ) , 
Carnathon, 
Cobb, 

Coleman  ( Walker ) , 
Craig, 

Cunningham, 
Davis  (DeKalb), 
Dent, 

deGraffenried, 
Eyster, 
Espy, 
Perguric  n, 
Fitts, 
Fletcher, 
Foster, 

Graham  (Montgomery), 
Graham  ( Talladega ) . 
Orayson, 


Greer  (Perr^^), 
Harrison, 

Hell  in  (Chambers), 
Heflin  (Randolph), 
Henderson, 
Hodges, 
Hood. 
Howell, 
Inge, 
Jenkins, 

Jones  (Montgomery), 
Jones  (Wilcox), 
Kirk, 
Knight, 
L(Mlb'^tter, 
Leigh, 

Long  (Walker), 
Lowe  ( Lawrence ) , 
McMillan  (Baldwin), 
.McMillan  (Wilcox), 
Moody, 
Maxwell, 
Merrill, 

^Tiller  (Marengo), 
:\[iller  (Wilcox),  ' 


Constitutional  Convention. 


747 


Murphree, 

NeSmitb, 

Norman, 

Oates, 

O'Neal  (Lauderdale) 

O'Neill  (Jefferson), 

Opp, 

Parker  (Elmore), 

Phillips, 

Pillans, 

Robinson, 

Samford, 

Sanders, 


Sentell, 

Smith  (Mobile), 

Smith,  Morgan  M., 

Spragins, 

Stewart, 

Thompson, 

Vaiighan, 

Waddell, 

Walker, 

Weaklev, 

AVhite,  " 

Williams  ( Barbour) , 

AA^illiams  (Marengo) 


NAYS. 


Messrs.  President, 

Bartlett, 

Beavers, 

Blackwell, 

Byars, 

Carmichael  (Coffee), 

Case, 

Cofer, 

Cornwell, 

Davis  (Etowah), 

Eley, 

Gilmore, 

Glover, 

Grant^ 

Greer  (Calhoun), 

Haley, 

Howell, 

Jones  (Bibb), 


Jones  (Hale), 

Alalone, 

Martin, 

Palmer, 

Parker  (Cullman), 

Pearce, 

Pettus, 

Pitts, 

Porter, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanford, 

Sloan, 

Smith,  Mac.  A., 

Sorrel  1, 

Studdard, 

Whiteside, 

Wi  Ison  ( Washington )  — 36. 


ANNOUNCEMENT  OF  PAIRS. 

The  following  pair  was  announced : 

Messrs.  Selheimer  and  Beddow.  Mr.  Selheimer  would 
vote  aye,  and  ^Ir.  Beddow  would  vote  nay, 

Mr.  deGraffenried  offered  the  following  amendment' 
to  the  minority  report  of  Section  3 : 


748  Journal  of  Alabama 

.  The  Greneral  Assembly  ma}^,  by  a  vote  of  two-thirds  of 
both  Houses  thereof,  arrange  and  designate  boundaries 
for  the  several  counties  of  this  State,  which  boundaries 
shall  not  be  altered,  except  by  a  like  vote;  but  no  new 
counties  shall  hereafter  by  formed  of  less  extent  than 
600  square  miles,  and  no  existing  county  shall  be  re- 
duced to  less  than  600  square  miles ;  and  no  new  county 
shall  be  formed  which  does  not  contain  a  sufficient  num- 
ber of  inhabitants  to  entitle  it  to  one  Representative 
under  the  ratio  of  representation  existing  at  the  time  of 
tts  formation,  and  leave  the  county  or  counties  from 
which  it  is  taken  with  the  required  number  of  inhabi- 
tants entitling  such  county  or  counties  to  separate  rep- 
resentation. 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  report  of  the* 
Committee  on  State  and  County  Boundaries,  the  hour 
of  6  p.  m.  arrived,  and  under  the  rules,  the  Convention 
adjourned  until  9  :30  o'clock  to-morrow  morning. 


FORTY-FOURTH  DAY. 
Convention  Hall. 

Montgomery,  Ala.,  Saturday,  July  13,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Howell  of  the  Conven- 
tion. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a.  quorum : 


Constitutional  Convention. 


749 


Messrs.  President, 

Almoii, 

Asheraft, 

Barefleld, 

Beavers, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burns, 

Byars, 

Cardon, 

Carraichael  (Coffee), 

Carnathon, 

Case, 

Cobb, 

Cofer, 

Coleman  (Walker), 

f'unniniiham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fletcher, 

Foster, 

Oilraore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Hefl'in  (Chambers), 

Reflin  (Randolph), 

Henderson, 


Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jenkins, 

Junes  (Bibb), 

Jones  (MontgomeryJ, 

Ki  rk, 

Knight, 

Leigh, 

Long  (Butler), 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin. 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox^ 

bloody, 

^lurphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale); 

O'Neill  (Jefferson),  ' 

Opp, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Porter, 

Proctor, 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 


750  Journal  of  ALABA:\rA 

Samford,  ^A'addell, 

Sanders,  Walker, 

Sanford,  Watts, 

Smith  (Mobile),  Weakley, 

Smith,  Mac.  A.,  NVeatheiiy, 

Sollie,  White, 

Sorrell,  Whiteside, 

Spragins,  Williams  (Barbour),. 

Stewart,  Williams  (Marengo) 

Stiiddard,  Wilson  (Washington). 

Thompson,  Winn — 100. 

LEAVE  OF  ABSENCE 

AVas  granted  to  Messrs.  Carmiehael  of  Colbert  for  to- 
day; Jones  of  Wilcox  for  to-day,  jNfonday  and  Tuesday; 
Bulger  for  to-day  and  Monday;  Sorrell  for  Monday; 
Cunningham  for  Monday  and  Tuesday;  Tayloe  for  to- 
day; Cobb  for  Monday;  Smith,  Morgan  M.,  of  Autauga, 
for  Monday. 

REPORT  OF  JOURNAL  COMMITTEE. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  Lave  examined  the  Journal  for  the  forty- third 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

The  report  of  the  committee  was  concurred  in. 

RESOLUTIONS  ON  FIRST  READING. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  a|)i)ropriate  com- 
mittees, as  follows: 

Kesolution  242,  by  Mr.  Rogers,  of  Sumter: 
Resolved,  That  hereafter  if  a   stenogra]iher  submits 
his  notes  to  any  deh^iiate  to  correct  his  si^ecch  mad."  ])y 
said  delegate,  before  such  speech  is  printed  in  the  ])ub- 


Constitutional  Convention.  751. 

lie  record,  such  stenographer  shall  hereafter  be  debar- 
red the  duties  and  pay  of  stenographer  of  this  Conven- 
tion. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Iiesolution  243,  by  Mr.  Davis,  of  Etowah : 

Kesolved,  That  after  Saturday,  the  20th  inst.,  the  offi- 
cial stenographic  report  be  discontinued. 

Resolved  further.  That  the  President  of  this  Conven- 
tion be  authorized  and  instructed  to  cancel  the  existing 
contract  with  tlie  official  stenographers  in  acordance 
Avith  the  terms  of  this  resolution,  and  that  he  be  author- 
ized to  draw  his  warrant  in  tlieir  favor  for  such  amount 
as  may  be  due  said  stenographers,  including  the  week 
ending  July  20th,  1901. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  244,  by  Mr.  Gates: 

Resolved,  Tliat  all  pairs  shall  be  put  in  writing  and 
filed  with  the  Secretary  of  the  Convention,  who  shall 
at  the  conclusion  of  the  roll  call,  read  the  same. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

AD.JOURNMENT. 

Mr.  Samford  moved  that  the  Convention,  when  it  ad- 
journs to-day  at  1  o'clock  p.  m.,  that  it  stand  adjourned 
until  Monday  morning  at  11  o'clock. 

The  motion  of  Mr.  Samford  prevailed. 

On  motion  of  ^fr.  deGratfenried  the  regular  order 
was  dispensed  with,  and  the  Convention  proceeded  to 
the  consideration  of  the 

UNFINISHED  BUSINESS. 

Which  was  the  report  of  thc^  Committee  on  State  and 
County  Boundaries. 

The  question  was  upon  the  amendment  offered  by  Mr. 
deGratfenried  to  the  minority  report  to  Section  3. 

^Ir.  Parker,  of  Cullman,  moved  to  table  the  amend- 
ment offered  bv  Mr.  deGraffenried. 


752 


Journal  of  Alabama 


The  motion  was  lost :  Yeas,  45 ;  nays,  53. 

YEAS. 


Messrs.  President, 
Bartlett, 
Beavers, 
Blackwell, 
Boone, 
Brooks, 
Byars, 

'Carmichael  (Coffee), 
Cofer, 

Davis  (Etowah), 
Eley, 
Eyster, 
Gilmore, 
Glover, 
Grant, 
Grayson, 
Henderson, 
Hinson, 
Hodges, 
Howell, 
Jenkins, 

Jones  (Montoomerv), 
McMillan  (Baldwin), 


Malone, 
Martin, 

Miller  (Wilcox), 

Murphree, 

Norman, 

Norwood, 

Palmer, 

Parker  (Cullman), 

Pearce, 

Pet  t  lis, 

Pillans, 

Porter, 

Rogers  (Sumter), 

Samford, 

Sauford, 

v^mitli,  ^lac.  A. 

Sorrell, 

Sprao-ins, 

Studdard, 

Thompson, 

Whiteside, 

Wilson  (  Washington) — 45. 


NAYS. 


INfessrs.  Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Browne, 

Burns, 

Cardon, 

Carnathon, 

Case, 

Cobb, 

Coleman  (Walker), 


Cunningham, 
Davis  (DeKalb), 
Dent, 

(leGraffenried, 
Espy, 
Ferguson, 
Fletcher, 
Foster, 

Graham  (Talladega), 
Greer  (Perry), 
Handley, 


COXSTITUTIONAL  CONVENTION.  753 

Heflin  (Chambers),  Parker  (Elmore), 

Heflin  (Randolph),  Pliillips, 

Hood,  Proctor, 

llowze,  Kobinson, 

luge,  Kogers  (Lowndes), 

Kirk,  Sanders, 

Knight,  Smith  (Mobile), 

Leigh,  Stewart, 

Macdonald,  Waddell, 

Maxwell,  Walker, 

Merrill,  Weakley, 

Miller  (Marengo),  Weatherh^, 

Moody,  Williams  (Barbour), 

O'Neal  (Lauderdale),  Williams  (Marengo), 

O'Neill  (Jefiterson),  Winn— 53. 

Opp, 

ANNOUNCEMENT  OF  PAIRS. 

The  following  pairs  Avere  announced  : 

Messrs.  Greer  of  Calhoun  and  Almon;  Haley  and 
Carmichael,  of  Colbert ;  Jones  of  Bibb  and  Long  of 
Walker;  JNrcMillan  of  Wilcox  and  Craig;  NeSmith  and 
Yauglian;  Oates  and  Morrissette;  Cornwell  and  White. 

Messrs.  Greer  of  Calhoun,  Haley,  Jones  of  Bibb,  Mc- 
Millan of  Wilcox,  NeSmith,  Oates  and  Cornwell  would 
Tote  aye;  and  Messrs.  Almon,  Carmichael  of  Colbert, 
'  ong  of  Walker,  Craig,  Vauglian,  Morrisette  and  White 
AA'Oiild  "«'ote  nay, 

]Mr.  deGraffenried  moved  to  abopt  the  amendment  of- 
fered by  liimself. 

The    motion    prevailed,    and    the    amendment     was 
adopted. 
Yeas,  57;  nays,  42. 

YEAS. 

Messrs.  Ashcraft,  Brooks, 

Banks,  Burns, 

Barefield,  Cardon, 

BeddoTV,  Carnathon, 

48 


754 


Journal  of  Alabama 


Case, 

Cobb, 

Coleman  ( Walker  )y 

Cunningham, 

Davis  (DeKalb), 

Dent, 

deGraffenried, 

Espy, 

Ferguson, 

Fletcher, 

Foster, 

Graham  (Talladega), 

Greer  (Perr;^), 

Handley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hood, 

Howell, 

Howze, 

Inge, 

Kirk, 

Knight, 

Ledbetter, 

Leigh, 

Long  (Butler), 


iNLicdonald, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Moody, 

Gates, 

G'Xeal   (Lauderdale),. 

O'Neill  (Jefferson), 

Opp, 

Parker  (Elmore), 

Phillips, 

Proctor, 

Kobinson, 

Rogers  (Lowndes), 

Sanders, 

Stewart, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

Williams  (Barbour),. 

Williams  (Marengo),. 

Winn — 57. 


NAYS. 


Messrs.  President, 

Bartlett, 

BoaTcrs. 

Blackwell, 

Boone, 

Byars, 

Carmichael  (Coffee), 

Cofer, 

Davis  (Etowah), 

Eley, 

Evster, 

Gilmore, 

Glover, 


Grant, 

Grayson, 

Henderson, 

Hinson, 

Hodges, 

Jenkins, 

Jones  (^Montgomery), 

McMillan  (Baldwin),. 

Malone, 

Martin, 

Miller  (Wilcox), 

Murphree, 

Norman, 


Constitutional  Convention.  75o 

Norwood,  Sanford, 

Palmer,  Smith,  Mac.  A., 

Parker  (Cullman),  Sorrell, 

Pearce,  Sprajjins, 

Pettus,  Stnddard, 

Porter,  .     Tliompson, 

Rogers  (Sumter),  Wliiteside, 

Samford,  Wilson  (Washington) — 42. 

announcement  of  pairs. 

The  folloAving  pairs  were  announced: 

Messrs.  Almon  and  Greer  of  Calhoun ;  Long  of  Wal- 
ker and  Jones  of  Bibb;  Craig  and  McMillan  of  Wilcox; 
Vaughan  and  NeSmith;  White  and  Cornwell. 

Messrs.  Almon,  Long  of  Walker,  Craig,  Vaughan  and 
White  would  vote  aye;  and  Messrs.  Greer  of  Calhoan, 
Jones  of  Bibb,  McMilan  of  Wilcox,  NeSmith  and  Corn- 
well  would  vote  nay. 

reconsideration. 

Mr.  Howell  gave  notice  that  on  Monday  he  would  move 
to  reconsider  the  vote  by  which  the  substitute  for  Sec- 
tion 3  was  adopted. 

Mr.  Malone  offered  the  following  amendment  to  Sec- 
tion 3: 

Provided,  that  out  of  the  counties  of  Henry,  Dale  and 
Geneva,  a  new  county  may  be  formed  under  the  pro- 
visions of  this  article  for  forming  new  counties,  so  as 
to  leave  said  counties  of  Henry,  Dale  and  Geneva  with 
not  less  than  500  square  miles  each. 

Mr.  Sollie  moved  to  postpone  the  further  considera- 
tion of  Section  3  and  pending  amendments  until  the 
latter  part  of  next  week. 

On  motion  of  ^Nlr.  Malone,  the  motion  of  ^Ir.  Sollie 
was  laid  upon  the  table. 

reconsideration. 

Mr.  Sollie  gave  notice  that  on  Monday  he  would  move 
to  reconsider  the  vote  by  which  the  amendment  of  Mr. 
Malone  was  adopted. 


756  Journal  uf  Alabama 

Mr,  Malone  moved  to  suspend  the  rules  and  iuinie- 
diatelj'  cousider  the  motion  of  ^Ir.  Sollie  to  reconsider 
the  vote  by  which  the  amendment  was  adopted. 

The  motion  prevailed,  and  the  rules  were  suspended. 

Mr.  Carmichael  of  Coffee  moved  to  table  the  motion 
of  Mr.  Sollie. 

The  motion  prevailed,  and  the  motion  to  reconsider 
was  laid  upon  the  table. 

The  question  recurred  upon  the  adoptirtn  of  Section 
2. 

On  motion  Section  2  was  adopted. 

The  (piestiou  recurred  upon  the  adoption  of  Section 
3  as  amended. 

On  motion  Section  3  as  amended  was  adopted. 

SECTION  FOUR. 

Sec.  4.  The  General  Assembly  shall  have  power,  i)ro- 
Tided  that  each  House,  by  a  majority  of  its  members 
elected  thereto,  shall  vote  in  favor  therefor,  to  submit 
to  a  vote  of  the  people  within  the  boundaries  of  the  pro- 
posed new  county,  the  creation  and  formation  of  new 
counties,  but  no  new  county  shall  be  created,  unless 
such  proposed  new  county  shall  receive  two-thirds  of 
the  votes  of  the  qualified  electors  voting  at  such  elec- 
tion; and  at  the  same  time  the  question  of  a  name  and 
a  county  seat  for  such  county  shall  be  submitted  to  and 
determined  by  said  electors ;  and,  provided,  that  no  new 
county  shall  he  created  or  formed  of  less  extent  than 
500  square  miles,  and  which  does  not  contain  a  sufficient 
number  of  inhabitants  to  entitle  it  to  one  Representative 
under  the  ratio  of  representation  existing  at  the  time  of 
its  creation,  and  leave  the  county  or  counties  from  which 
it  is  taken  with  the  required  number  of  inhabitants  en- 
titling such  county  or  counties  to  separate  representa- 
tion, or  which  shall  reduce  any  old  county  below  500 
square  miles. 

Was  read  at  lengih. 

The  minority  report  to  Section  4  was  taken  up. 

Mr.  Cobb  moved  to  table  Section  4  and  the  pending 
minority  reports. 


COiS'STlTUTIONAL  CONVENTION.  767 

Tlie  niotiou  prevailed  and  Section  4  and  the  pending; 
minority  reports  thereto  were  hiid  upon  the  table. 

RECONSIDERATION. 

Mr.  Sanford  gave  notice  that  on  to-morrow  he  wouldi 
move  to  reconsider  the  vote  by  which  Section  4  and  pend- 
ig  minority  reports  were  laid  upon  the  table. 

The  Chair  called  the  attention  of  the  Convention  to 
the  fact  that  the  minority  reports  to  Section  2  had  not 
been  disposed  of. 

^Ir.  Cobb  thereupon  moved  to  reconsider  the  vote  by 
which  Section  2  was  adopted. 

The  motion  prevailed. 

Mr.  Parker  of  Cullman  moved  to  table  the  minority- 
reports  relative  to  Section  2. 

The  motion  prevailed,  and  the  minority  reports  were 
laid  upon  the  table. 

On  motion  of  Mr.  Parker  of  Cullman  Section  2  was- 
adopted. 

SECTION  FIVE. 

Sec.  5.  No  county  line  shall  be  altered  or  changed 
or  in  the  creation  of  new  counties  shall  be  established 
so  as  to  run  within  seven  miles  of  the  county  court 
house  of  any  old  county. 

Was  read  at  length. 

]Mr.  Samford  moved  to  table  Section  5. 

The  motion  was  lost. 

On  motion  of  Mr.  Parker  of  Cullman  Section  5  was 
adopted. 

ADJOURNMENT. 

The  hour  of  1  o'clock  having  arrived,  under  the  mo- 
tion previously  adopted,  the  Convention  adjourned  to» 
meet  on  Mondav  at  11  o'clock.. 


758  Journal  of  Alabama 

FOKTY-FIFTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  ^londay,  July  15,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  ^Iv.  McDaniel  of  the  city. 

ROLL    CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  Avhich  constituted  a 
quorum : 


Messrs.  President, 
Ashcraft, 
Banks, 
Barefleld, 
Bartlett, 
Beavers, 
Beddow, 
Bethune, 
Blackwell, 
Boone, 
Brooks, 
Browne, 
Bulger, 
Burns, 
Byars, 
Cardon, 
Carnathon, 
Case, 
Chapman, 
Cofer, 

Coleman  (Greene), 
Davis  (DeKalb), 
Davis  (Etowah), 
Dent, 
deGraffenried, 


Duke, 
Eley, 
Pitts, 
Fletcher, 
Foshec, 
Gilmore, 
Glover, 

Graham  (Montgomery), 
Grant, 
Grayson, 
Greer  (Calhoun), 
Greer  (Perry), 
Handley, 
Harrison, 

Heflin  (Randolph), 
Henderson, 
Hinson, 
Hodges, 
Howell, 
Howze, 
Inge, 

Jones  (Bibb), 
Jones  (Hale), 
Jones  (Montgomery), 
Kirk. 


Constitutional  Convention. 


759 


Knight, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

McMillan  ( Baldwin ) , 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox"), 

Moody, 

IMurphree,     ' 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearee, 

Pettus, 

Phillips, 

Pitts, 


Porter, 

Proctor, 

Reese, 

Reynolds  (Chilton), 

Uobinson, 

Rogers  (Sumter), 

Samford, 

Sanford, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherlv. 

White, 

Whiteside, 

Williams  (BarbourJ, 

Williams  ( Marengo ) , 

Wilson  ( Washington ) 

Winn— 112. 


LEAVE  OF   ABSENCE. 

Was  granted  to  Messrs.  Hood  Ferguson,  Pillans,  Eys- 
ter,  Haley,  Carmichael  of  Colbert,  for  to-day ;  McMillan 
of  Wilcox,  to-day  and  to-morrow;  Jenkins  and  Lowe  of 
Lawrence  indefinitely  on  accomit  of  sickness,  and  to 
Mr.  Searcev  for  to-dav. 


760  JOURX.\,L  OF   ALABAjNIA 

REPOUT  OF  THE  COMMITTEE   ON   THE   JOURNAL. 

The  chairman  of  the  Committee  on  Journal  submitted 
the  following  report,  which  w  as  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  forty-fourth, 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

RESOLUTIONS   ON   FIRST   READING, 

The  folowing  resolution  was  introduced,  severally- 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Resolution  245,  by  Mr.  Brooks : 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
all  discussions  relating  to  the  amendment  and  revis- 
ion of  the  Constitution  should  be  free  from  caucus  dic- 
tation operating  upon  the  judgment  and  conscience  of 
the  delegates;  that  the  proper  forum  of  such  discus- 
sions is  the  Convention,  and  that  the  proper  method  of 
giving  effect  to  the  wislies  and  interests  of  the  people 
through  their  Constitution  is  by  the  free  and  unre- 
stricted action  of  their  individual  representatives  in  Con- 
vention assembled. 

The  resolution  was  referred  to  the  Committee  out 
Rules. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinance  was  introduced,  severally 
read  one  time  and  referred  to  appropriate  committee  as 
follows: 

Ordinance  420,  by  ^Ir.  Burns: 

The  General  Assembly  or  Legislature  shall  enact  laws 
for  the  ])urpose  of  effectually  enforcing  the  lien  of  agri- 
cultrral,  mechanical  and  railroad  employees,  ui^on  the 
products  of  their  manual  labor. 

The  ordinance  was  referred  to  the  Comnn'ttee  on 
Legislative  Department. 


Constitutional  Convention.  761. 

reconsideration. 

]\rr.  Howell  iiioved  to  reconsider  the  vote  by  which 
Section  3  of  Article  II,  reported  by  the  Committee  on 
State  and  County  Boundaries,  was  adopted. 

On  motion  of  ^Ir,  bloody  the  motion  to  reconsider 
Avas  tabled. 

REPORT   of   STANDING   COMMITTEES. 

Mr.  Heflin,  of  Kandolph,  chairman  of  the  Committee 
on  Schetlules,  Printing  and  Incidental  Expenses,  re- 
turned to  the  Convention  resolution  210  without  recom- 
mendation. 

The  resolution  was  placed  on  the  calendar. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  State  and  County  Boundaries. 

SECTION  SIX. 

Sec.  6.  No  county  site  shall  be  removed  except  by  a 
two-thirds  vote  of  the  qualified  electors  of  said  county, 
voting  in  an  election  held  for  said  purpose,  and  when  an 
election  has  once  been  held  for  such  purpose,  no  other 
election  can  be  held  for  such  purpose  until  the  expira- 
tion of  four  years;  provided,  that  the  county  site  of 
Shelby  county,  of  this  State,  shall  be  and  remain  at  Co- 
lumbiana, unless  removed  by  a  vote  of  the  people,  as 
provided  for  in  an  act  entitled  "An  act  to 
provide  for  the  permanent  location  of  the  county  site- 
of  Shelby  county,  Alabama,  by  a  vote  of  the  qualified 
electors  of  said  county,"  approved  the  9th  day  of  Feb- 
ruary, 1899,  and  the  act  amendatory  thereto,  approved 
the  20th  day  of  February,  1899,  or  by  an  election  held 
under  the  provisions  of  this  article. 

Was  read  at  length. 


762 


Journal  of  Alabama 


The  following  minority  report  to  Section  6  was  read 
At  length  as  follows: 

j\Ir.  President: 

We,  the  undersigned  members  of  the  Committee  on 
State  and  County  Boundaries,  do  not  concur  with  the 
majority  in  that  part  of  Section  6  which  refers  to  the 
Shelby  County  Court  House.  And  we  offer  as  an  amend- 
ment to  Section  6  of  the  majority  report,  that  all  that 
part  of  Section  6  which  refers  to  the  Shelby  County 
Court  House  be  stricken  out. 

J.  O.  Sentell^ 

J.  A.  GiLMORE. 

Mr.  Browne  moved  to  table  the  minority  report. 
The  motion  prevailed,  and  the  minority  report  was 
laid  upon  the  table:  Yeas,  73;  nays,  30. 


YEAS. 


Messrs.  Ashcraft, 

Bartlett, 

Beavers, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

13ulger, 

Burns, 

Carnathon, 

■Case, 

Chapman, 

Davis  (Etowah), 

Dent, 

deGraffenried, 

"Fosheo, 

Grant, 

Grayson, 

Greer  (Calhoun). 

Handley, 


Heflin  (Randolph), 
Henderson, 
Hodges, 
Howell, 
Howze, 
I  uge, 

Jones  (Bibb), 
•Tones  (Hale), 
Jones  ( Montgomerv ) , 
Kirk, 
Knight, 
Leigh, 

McMillan  (Baldwin), 
Malone, 
Martin, 
Maxwell, 

Miller  (Marengo), 
:\ril]er  (Wilcox), 
Murnhree, 
Norman, 
Norwood, 


Constitutional  Convention. 


763 


O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pitts, 

Porter, 

Eeese, 

Reynolds  (Chilton), 

Robinson, 

Rogers  (Sumter), 

Samford, 


Sanford, 

Smith  (Mobile), 

Smith,  Morgan  M. 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Waddell, 

Weakley, 

Weatherly, 

Whiteside, 

Williams  (Barbour), 

Winn — 73. 


NAYS 


Messrs.  Banks, 

Barefleld, 

Beddow, 

Byars, 

Cofer, 

Coleman  (Greene), 

Davis  (DeKalb), 

Duke, 

Eley, 

Pitts, 

Fletcher, 

Glover, 

Graham  (Montgomery) 

Greer  (Perry), 

Harrison, 


Heflin  (Chambers), 

Locklin, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Merrill, 

Gates, 

Prortor, 

Smith,  Mac.  A., 

Sollie, 

Walker, 

Watts, 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Washington) — 30. 


ANNOUNCEMENT  OF  PAIRS. 


Tlie  following  pairs  were  announced: 

]Messrs.  Sorrell,  Cardon,  McMillan  of  Wilcox,  Gil- 
more,  Moody,  Almon,  Graham  of  Talladega,  and  Sen- 
tell;  Messrs  Sorrell,  McMillan  of  Wilcox;  Moody  and 


764  Journal  of  Alabama 

Graham  of  Talladega  would  vote  aye;  and  Messrs.  Car- 
don,  Gilmore,  Almon  and  Sentell  would  vote  nay. 

Mr.  Whiteside  offered  the  following  amendment  to 
Section  6 : 

Amend  Section  6  of  Article  II,  reported  by  Committee 
on  State  and  County  Boundaries,  by  striking  out  the 
word  ''two-thirds''  in  the  first  line  of  said  section. 

On  motion  of  Mr,  O'Neal,  of  Lauderdale,  the  amend- 
ment of  Mr.  Whiteside  was  laid  upon  the  table. 

Mr.  Pearce  offered  the  following  amendment  to  Sec- 
tion 6 : 

Amend  Section  6  by  striking  out  the  words  ''two- 
thirds"  in  the  first  line,  and  inserting  in.  lieu  thereof  the 
word  "majority." 

RECESSv- 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  State  and  County  Boundaries,  the 
hour  of  1  o'clock  p.  m.  having  arrived,  under  the  rules,, 
the  Convention  recessed  until  3:30  this  evening. 
AFTERNOON  Si:SSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum:  .    I 

Messrs.  President.  Browne, 

Ashcraft,  Bulger, 

Banks,  Burnett, 

Barefield,  Burns, 

Bartlett,  Bvars, 

Beavers,  Cardon, 

Beddow,  Carmichael  (Colbert), 

Bethune,  Carmichael  (Coffee), 

Blackwell,  Carnathon, 

Boone,  Case, 

Brooks,  Chapman, 


Constitutional  Convention. 


765 


•Cofer, 

'Coleman  (Greene), 
Davis  (DeKalb), 
Davis  (Etowah), 
Dent, 

deUratt'enried, 
Duke, 
Eley, 
Fletcher, 
Foshee, 
Foster, 
Glover, 
Grant, 
Gravson, 
(Jreer  (Calhoun), 
Greer  (Perry), 
Harrison, 

Heflin  (Chambers), 
Heflin  ^Randolph), 
Henderson, 
Hinson, 
Hodges, 
Howell, 
Howze, 
Inge, 

Jones  (Hale), 
Jones  ( Montgomery ) , 
Kirk, 
Knight, 
Kyle, 
Led  better, 
Leigh, 
Locklin, 
Lomax, 

Long  (Butler), 
Long  (Walker), 
Lowe  (Jefferson), 
Macdonald, 
McMillan  (Baldwin), 
Malone, 
Martin, 
Maxwell, 
Merrill, 


Miller  ( Marengo), 

Miller  (Wilcox), 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Portei', 

Reynolds  (Chilton), 

Robinson, 

Rogers  (LoAvndes), 

Rogers  (Sumter), 

Sam  ford, 

San  ford, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M. 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Wadd(dl, 

AValker, 

Weakley, 

White, 

Whiteside, 

Williams  (Barbour), 

Wi  11  i ams  ( Marengo ) , 

Williams  (Elmore), 

Wilson  (Washington) — 107 


766 


Journal  of  Alabama 


UNFINLSHED    BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the- 
Committee  on  State  and  County  Boundaries. 

The  question  was  upon  the  amendment  offered  by  Mr. 
Pearce. 

Mr.  O'Neal  moved  to  table  the  amendment  offered  by 
Mr.  Pearce. 

The  motion  was  lost:  Yeas,  45;  naj'S,  59. 

YEAS. 


Messrs.  Ashcraft, 

Banks, 

Blackwell, 

Brooks, 

Bulger, 

Cardon, 

Carnathon, 

Davis  (DeKalb), 

Davis,   (Etowah), 

Dent, 

deGraffenried, 

Eley, 

Fletcher, 

Foshee, 

Grayson, 

Haley, 

Harrison, 

Hinson, 

Howze, 

Inge, 

Knight, 

Leigh, 

driller    (]\rarengo) 


IMiller   (Wilcox), 

Moody, 

]Murpliree, 

Xorman, 

Norwood, 

Gates, 

O'Neal    ( Lauderdale ) , 

Opp, 

Palmer, 

Parker  ( Cullman), 

Parker  (Elmore), 

Phillips, 

Sentell, 

Sprairins, 

Stewart, 

Thompson, 

Waddell, 

A^'alker, 

Weaklev, 

White,  ^ 

Williams   (Barbour), 

AVilliams  (Elmore) — 45". 


Messrs.  President, 

Barefield, 

Bartlett. 


NAYS. 


Beavers, 
Beddow, 
Bethune, 


COXSTITL'TIONAL  CONVENTION. 


767 


Booue, 

Browne, 

Burns, 

Byars, 

Case, 

Chapman, 

Cofer, 

Coleman  (Greene), 

Duke, 

Foster, 

Glover, 

Graham  ( Montgomery ) , 

Grant, 

Greer  (Perry), 

Handley, 

Heflin  (Chambers), 

Heflin  (Eandolph), 

E[end3rson, 

Hodges, 

Howell, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  ( Montgomery ) , 

Kirk, 

Ledbettei, 

Locklin, 

Long  (Walker), 


Lowe  ( Jefferson ) , 
Macdonald, 
Ma  lone, 
Martin, 
Merrill, 
O'Kear, 
Pearce, 
Pettus, 
Pitts, 
Porter, 
Proctor, 
Reese, 

Peynolds  (Chilton), 
Robinson, 
Rogers  (Sumter), 
Samford, 
San  ford. 
Smith  (Mobile), 
Smith,  Mdc.  A., 
Smith,  Morgan  >L, 
Spears, 
Studdard, 
Tayloe, 
Watts, 
Whiteside, 
Wilson  ( Washington ) 


-59. 


The  question  recurred  upon  the  adoption  of  the  amend- 
ment offered  by  ]Mr.  Pearce. 

On  motion  of  Mr.  Pearce  the  amendment  was  adopted. 
Section  6,  as  amended,  was  thereupon  adopted.    ' 


ENGROSSMENT. 


Mv.  Parker  of  Cullman  moved  that  the  article  on 
State  and  County  Boundaries  be  engrossed  and  ordered 
to  a  third  reading. 

The  motion  prevailed,  and  the  article  was  engrossed 
for  a  third  reading. 


768  Journal  of  Alabama 

special  order. 

The  Convention  proceeded  to  the  consideration  of  the 
•special  order,  which  was  the  report  of  the  Committee 
on  Banks  and  Banlcing. 

On  motion  of  Mr.  Fletcher,  the  report  was  consid- 
ered section  by  section. 

SECTION  ONE. 

Was  read  at  length  as  follows  and  adopted : 

Sec.  L     Subdivision  Banks  and  Banking. 

The  General  Assembly  shall  not  have  the  power  to 
-establish  or  incorporate  an}'  bank  or  banking  company 
or  money  institution,  for  the  purpose  of  issuing  bills  of 
credit,  or  bills  payable  to  order  or  bearer,  except  under 
the  conditions  prescribed  in  this  Constitution. 

SECTION  TWO. 

Was  read  at  length  as  follows : 

Sec.  2.  No  bank  shall  be  established  otherwise  than 
under  a  general  banking  law,  nor  otherwise  than  upon 
a  specie  basis. 

Mr.  Gates  offered  the  following  amendment  to  Sec- 
tion 2 : 

Amend  Section  2  of  Article  XIY  by  adding  to  said 
section  the  following: 

Provided,  That  any  bank  may  be  established  with 
authority  to  issue  bills  to  circulate  as  mouey  an  equal 
amount  to  the  face  value  of  bonds  of  the  United  States, 
or  of  this  State,  convertible  into  specie  at  their  face 
value,  which  shall,  before  such  bank  is  authorized  to  is- 
sue its  l)ills  for  circulation,  be  dei>osited  with  the  State 
Treasurer  or  other  depository  prescribed  by  law,  in  an 
amount  equal  to  the  aggregate  of  such  proposed  issue, 
Avith  power  in  such  treasurer  or  depository  to  dispose 
of  any  or  all  of  such  bonds  for  a  sufficient  amount  of 
specie  to  redeem  the  circulating  uc^tes  of  such  bank  at 
any  time  and  without  delay,  should  such  bank  suspend 
>specie  payment  or  fail  to  redeem  its  notes  on  demand. 


OOXSTITUTIOXAL  CONVENTION.  769 

■Mr.  Fletcher  moved  to  table  the  aiiiendment  offered 
hj  Mr.  Gates. 

The  motion  was  lost 

The  amendment  of  Mr.  Gates  wa^  adopted. 

Section  2,  as  amended,  was  thereupon  adopted. 

SECTION  THREE. 

Sec.  3.  All  bills  or  notes  issued  as  money  shall  be  at 
all  times  redeemable  in  gold  or  silver,  and  no  law  shall 
be  passed  sanctioning,  directly  or  indirectly,  the  sus- 
pension of  any  bank  or  banking  company  of  specie  pay- 
ment. 

Was  read  at  length  and  adopted. 

SECTION  FOUR. 

Was  read  at  leng-tli  a«  follows: 

Sec.  4.  Holders  of  bank  notes  and  depositors  who 
have  not  stipulated  for  interest,  shall,  for  such  notes  and 
deposits,  be  entitled  in  case  of  insolvency,  to  the  prefer- 
ence of  payment  over  all  other  creditors. 

Mr.  Watts  offered  the  following  amendment  to  Sec- 
tion 4 : 

Amend  Section  4,  report  Committee  on  Banks  and 
Banking,  by  adding  to  the  end  thereof  the  following: 
"Provided  this  section  applies  to  incorporated  banks 
only." 

Mr.  Williams,  of  Marengo,  offered  the  following  sub- 
stitute for  the  amendment  offered  by  ^Ir.  Watts: 

"Provided  this  section  shall  apply  to  all  banks, 
whether  incorporated  or  not." 

The  substitute  was  adopted. 

Section  4,  as  amended,  was,  on  motion  of  Mr.  Fletcher, 
adopted. 

SECTION  FIVE. 

Was  read  at  length  as  follo^^'s  and  adopted : 
Sec.  5.    Every  bank  or  banking  company  shall  be  re- 
quired to  cease  all  banking  operations  within  twenty 

49 


770  Journal  of  Alabama 

years  from  the  time  of  its  organization  ( unless  the  Gen- 
eral Assembly  shall  extend  the  time),  and  promptly 
thereafter  close  its  business;  but  shall  have  corporate 
capacity  to  sue,  and  shall  be  liable  to  suits  until  its  af- 
fairs and  liabilities  are  fully  closed. 

SECTION   SIX. 

Was  read  at  length  as  follows  and  adopted : 

Sec.  6.    No  banks  shall  receive,  directly  or  indirectly, 

a  greater  rate  of  interest  than  shall  be  allowed  by  law 

to  individuals  for  lending  money. 

SECTION  SEVEN. 

Was  read  at  length  as  follows: 

Sec.  7.  The  State  shall  not  be  a  stockholder  in  any 
bank,  nor  the  credit  of  the  State  ever  be  given,  or  loaned, 
to  any  banking  company,  association  or  corporation, 

Mr.  Watts  offered  the  following  amendment  to  Sec- 
tion 7,  which  was  adopted: 

Amend  Section  7,  report  Committee  on  Banks  and 
Banking,  as  follows :  Strike  out  the  words  "The  State 
shall  not,'-  and  in  lieu  thereof  insert  "neither  the  State 
nor  any  political  subdivisicm  thereof  shall,"  and  insert 
the  word  "shall"  between  "nor"  and  "the  credit"  in  line 
one. 

On  motion  of  Mr.  Fletcher,  Section  7,  as  amended, 
vras  adopted. 

SECTION   EIGHT. 

Was  read  at  length  as  follows : 

Sec.  8.  The  General  Assembly  shall,  by  appropriate 
laws,  provide  for  the  examination  by  some  public  officer, 
of  all  banks  and  banking  institutions  and  trust  com- 
panies engaged  in  banking  business  in  this  State. 

]Mr.  Davis,  of  Etowah,  offered  the  following  amend- 
ment to  Section  8: 

Amend  Section  8,  Article  XIV,  by  adding  at  the  end 
of  section  the  following  words:    "And    each    of  -such 


Constitutional  Convention.  771 

banks,  companies  or  institutions  shall,  throuj^h  its 
president  or  such  other  officer  as  the  General  Assembly 
may  designate,  under  oath,  make  a  report  of  its  re- 
sources and  liabilities  at  least  twice  a  year." 

Mr.  Ashcraft  offered  the  folloAving  substitute  for  the 
original  section  and  pending  amendment: 

Amend  Article  XIV  as  reported  by  the  Committee  by 
striking  out  Section  8  thereof. 

On  motion  of  Mr.  Malone  the  substitute  offered  by  Mr. 
Ashcraft  was  laid  upon  the  table. 

The  question  recurred  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Davis,  of  Etowah. 

The  amendment  of.  Mr.  Davis,  of  Etowah,  was,  on 
motion  of  Mr.  Fletcher,  adopted. 

Section  8,  as  amended,  was  thereupon  adopted. 

RECONSIDERATION. 

Mr.  Kogers,  of  Sumter,  gave  notice  that  on  to-morrow 
he  would  move  to  reconsider  the  vote  by  which  Section 
8  was  adopted. 

Mr.  Eeynolds,  of  Chilton,  offered  the  following 
amendment  to  constitute  a  new  section  to  the  article  on 
Banks  and  Banking: 

To  amend  the  report  of  Committee  on  Banks  and 
Banking  hy  adding  an  additional  section  to  be  known 
as  Section  No.  9,  as  follows: 

Sec.  9.  If  necessary  for  the  payment  of  any  creditor 
or  depositor  of  an  incorporated  bank,  each  holder  of 
stock  therein  shall  be  held  liable  for  double  the  amount 
of  stock  so  held  by  said  stockholder  in  said  bank. 

On  motion  of  Mr.  Knight  the  amendment  was  laid 
upon  the  table. 

Mr.  Williams,  of  Marengo,  offered  the  following 
amendment,  to  constitute  a  new  section  to  the  article 
on  Banks  and  Banking: 

Amend  the  article  on  Banks  and  Banking  by  adding 
Section  — . 

That  the  provisions  of  Section  8  of  this  article  shall 
apply  to  all  banks,  trust    companies    and    individuals 


772  Journal  of  Alabama 

doing  a  banking  business,  except  national  banks, 
whether  incorporated  or  not. 

Mr.  Fletcher  moved  to  table  the  amendment  offered 
by  Mr.  Williams,  of  Marengo. 

The  motion  to  table  was  lost. 

The  question  recurred  upon  the  adoption  of  the 
amendment  offered  b}^  Mr.  "NA'illiams,  of  Marengo. 

On  motion  the  amendment  was  adopted. 

ENGROSSMENT. 

On  motion  of  Mr.  Fletcher,  the  article  on  Banks  and 
Banking  was  ordered  engrossed  for  a  third  readino-. 

ADJOURNMENT. 

On  motion  of  Mr.  Davis,  of  Etowah,  the  Convention 
adjourned  until  to-morrow  morning  at  9  :30  o'clock. 


FORTY-SIXTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Tuesday,  July  16,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  McDaniel  of  the  city. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
guorum: 

Byars,  Blackwell, 

Messrs.  President,  Boone, 

Banks,  Brooks, 

Barefleld,  Browne, 

Bartlett,  Bulger, 

Beavers,  Burnett, 

Beddow,  Burns, 


Constitutional  Convention. 


77S 


Bjars, 

Cardon, 

Carnatlion, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Evster, 

Espy, 

Ferguson, 

Fitts, 

Fletclier, 

Foshcu, 

Foster,  i 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Rf'fliTi  fl^andolph),' 

Henderson, 

Hodges, 

Hood. 

Fcwell, 

Howze, 

Inge, 

Jones  (Bibb), 

Jones  (Hale), 


Jones  (^Montgomery), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Ledbetter, 

Leigh, 

Locklin, 

Lorn  ax. 

Long  (Butler), 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin), 

.McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Murphree, 

XeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale),. 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman),. 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

!"*roctor, 

Reese, 

Benfro, 

Reynolds  (Chilton), 

Reynolds  ( Henry ),^ 


774 


Journal  of  Alabama 


Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 


Tayloe, 

Thompson, 

Vaughan,  ■ 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  (Marengo), 

Williams  (Elmore), 

\V [ Isou  ( Washington ) 

Wilson  ( Washington) 

Winn— 133. 


LEAVE  OF   ABSENCE. 

Was  granted  to  Messrs.  Ashcraft  for  to-day  and  to- 
morrow morning  until  12  o'clock  m. ;  Beavers  indefinite- 
ly; Mac.  A.  Smith  today;  and  Graham,  of  Talladega, 
for  to-day;  Parker  of  Cullman  for  to-day;  Sollie  and 
Kirkland  for  this  afternoon,  Thursday  and  Friday. 

REPORT  OF  THE  COMMITTEE  ON   THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  liave  examined  the  Journal  for  the  forty-fifth 
day  of  the  Convention  and  that  the  same  is  correct. 

Respectfully  submitted. 

John  F.  Proctor,  Chairman. 

RESOLUTIONS  ON  FIRST  READING. 


The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
-committees  as  follows: 


Constitutional  Convention.  775 

liesoliition  246,  by  Mr.  Samford: 

Resolved,  That  the  General  Assembly  of  this  State  is 
hereby  instructed,  at  its  next  session,  to  reduce  the  tag 
tax  on  fertilizers  to  an  amount  not  to  exceed  10  cents 
per  ton. 

The  resolution  was  referred  to  the  Commitee  on 
Amending  Constitution  and  Miscellaneous  Pro\isions. 

Resolution  247,  by  Mr.  Reese: 

Whereas,  Our  distinguished  citizen  and  statesman, 
the  Hon.  James  L.  Pugh,  now  lies  upon  a  bed  of  sick- 
ness ; 

Resolved,  by  the  people  of  Alabama,  in  Convention 
assembled.  That  the  sympathy  of  the  Convention  is  ex- 
tended to  our  valued  citizen,  together  with  its  hope  for 
his  speedy  recovery. 

On  motion  of  Mr.  Reese,  the  rules  were  suspended 
and  the  resolution  247  was  adopted  by  a  rising  vote. 

stenographic  report. 

Messrs.  Banks  and  Long  of  Walker  called  the  atten- 
tion of  the  Convention  to  certain  errors  in  the  steno- 
graphic report  of  yesterday. 

The  report  was  ordered  corrected. 

report  of  committee  on  rules. 

Mr.  Knox,  chairman  of  the  Committee  on  Rules,  re- 
ported the  following  resolution,  which  was  adopted : 

Resolution  248: 

Resolved,  That  the  report  of  the  Committee  on  Suf- 
frage be  taken  up  for  consideration  by  the  Convention 
after  the  reading  of  the  Journal  on  Tuesday,  July  23d, 
unless  sooner  reached  in  its  regular  order ;  provided  that 
if  the  Convention,  on  that  day,  has  under  consideration 
the  report  of  any  other  standing  committee,  such  report 
shall  be  laid  aside  and  shall  be  again  taken  up  as  soon 
as  the  article  on  Suffrage  and  Elections  has  been  dis- 
XK)sed  of. 


776  Journal  of  Alabama 

change  of  vote. 

Mr.  Banks  stated  that  ou  vesterda}'  he  was  recorded 
as  voting  nay  on  the  adoption  of  Section  G  of  the  Article 
reported  by  the  Committee  on  State  and  County  Boun- 
daries, and  he  desired  to  have  his  vote  changed  from 
nay  to  aye,  as  he  voted  under  a  misapprehension. 

He  was  granted  leave  to  change  his  vote,  and  the 
Journal  was  ordered  corrected. 

QUESTION   OF   PERSONAL   PRIVILEGE. 

Messrs.  Kirkland  and  Malone  arose  to  questions  of 
personal  privilege  and  stated  tlieir  question  of  personal 
privilege. 

RECONSIDERATION. 

Mr.  Kogers,  of  Sumter,  moved  to  reconsider  the  vote 
by  which  Section  8  of  the  article  reported  by  the  Com- 
mittee on  Banks  and  Banking  was  adopted  on  yester- 
day. 

On  motion  of  Mr.  Fletcher  the  motion  of  ^Mr.  Rogers, 
of  Sumter,  was  laid  upon  the  table. 

]\Ir.  Wilson,  of  Washington,  moved  to  reconsider  the 
vote  by  which  Section  G  of  the  article  reported  by  the 
Committee  on  State  and  County  Boundaries  was 
adopted  on  yesterday. 

On  motion  of  Mr.  Thompson  the  motion  of  Mr.  Wil- 
son, of  Washington,  was  laid  upon  the  table. 

REPORT   OF    SPECIAL   COMMITTEE. 

Mr.  Howell,  chairman  of  the  special  committee,  sub- 
mitted the  following  report: 
Mr.  President : 

The  special  committet^  to  whom  wa:^  referred  the  mat- 
ter of  cutting  down  expenses  by  disjiensing  with  some 
of  the  employees  of  the  Convention,  have  carefully  and 
impartially  considered  the  same,  and  a  majority  of  whom 
desire  to  submit  the  following  report,  and  reeommend 
the  adoption  of  the  same.      We  recommend: 


Constitutional  Convention.  777 

First — The  dispeusing  of  all  clerks  of  committees  after 
to-day  except  the  clerks  of  the  following  standing  com- 
mittees : 

(1)  On  Rules. 

(2)  On  Order,  Harmony  and  Consistency  of  the 
Whole  Constitntion. 

(3)  On  Snffrage  and  Elections. 

(4)  On  the  Journal, 

And  these  clerks  who  are  retained  are  expected  to 
serve  other  committees  Avhen  necessary. 

(5)  We  recommend  that  the  two  messengers  be  dis- 
pensed with,  as  we  have  assurances  that  the  postmaster 
of  this  cit,y,  under  the  free  delivery  system,  will  deliver 
the  mail  here  three  times  a  day,  and  carry  off  what  mail 
matter  to  be  sent  off. 

(6)  We  further  recommend  that  five  of  the  ten  pages 
be  dispensed  with,  and  in  order  that  each  one  of  these 
pages  have  an  equal  chance  to  be  retained,  we  suggest 
and  recommend  the  following  plan,  that  the  Secretarj^ 
and  assistant  secretary,  in  the  presence  of  the  President 
of  this  Convention,  write  the  names  of  the  ten  pages^ 
upon  slips  of  paper  and  place  these  slips  in  a  hat  and 
then  let  the  Secretary  draw  out  the  slips  and  the  first 
five  names  drawn  out  shall  be  those  who  are  retained  as 
pages. 

(7)  We  recommend  that  the  clerical  force  in  the  office 
of  the  Secretary  of  this  Convention  be  retained. 

The  aggregate  reduction  in  expenses  by  the  reduction 
of  employes  here  recommended  will  be  |26  per  day. 

Very  respectfully, 

W.  P.  Howell, 

J.  E.  Cobb, 

B.  B.  Boone,  Committee. 

^Ir.  deGraft'euried  oft'ered  the  following  minority  re- 
port to  the  report  of  the  special  committee : 

MINORITY  REPORT. 

Your  undersigned  member  of  this  committee  regrets 
to  sav  that  he  is  unable  to  concur  with  the  other  members 


778  Journal  of  Alabama 

of  the  committee  iu  their  recommendatiou  that  the  pages 
selected  by  this  Convention  shall  be  reduced  to  five  in 
number;  and  I  recommend  in  lieu  thereof  that  the  pages 
which  have  been  selected  to  wait  on  this  Convention 
shall  be  retained. 

Since  the  organization  of  this  Convention  many  of 
the  committees  have  made  their  reports  and  the  mem- 
bers of  the  Convention  have  ceased  to  offer  ordinances 
for  the  consideration  of  the  Convention. 

For  this  reason  I  am  of  the  opinion  that  the  clerks 
recommended  by  the  committees  to  be  discharged  can 
be  dispensed  with,  but  the  same  conditions,  so  far  as  the 
service  of  the  pages  is  concerned,  that  existed  when  the 
Convention  was  organized,  still  exists. 

JRespectfully  submitted, 

Ed.  deGraffenried. 

Mr.  Williams,  of  Marengo,  offered  the  following 
amendment  to  the  minority  report,  which  was  adopted : 

Move  to  amend  minority  report  by  adding  thereto: 
"And  the  messengers''  after  the  word  "pages"  wherever 
it  appears. 

The  question  recurred  upon  the  adoption  of  the  mi- 
nority report,  as  amended. 

On  motion  of  Mr.  deGraffenried,  the  minority  report 
was  adopted,  '^ 

Mr.  Harrison  offered  the  following  amendment  to  the 
majority  report,  which  was  accepted  by  the  committee: 

Amend  so  as  to  allow  the  clerk  of  the  Committee  on 
Corporations  to  be  retained  by  said  committee  during 
the  present  week  or  until  the  report  of  said  committee 
lias  been  made. 

^Ir.  Gates  offered  the  following  amendment  to  the 
majority  report,  which  was  accepted  by  the  committee : 

Amend  by  retaining  clerk  of  Legislative  Department 
until  report  is  finished. 

Mr.  Cofer  moved  to  table  the  report  of  the  special 
iCommittee  and  amendments. 

The  motion  was  lost. 

The  question  recurred  upon  the  adoption  of  the  re- 
port of  the  committee,  as  amended. 


Constitutional  Convention.  779 

On  motion  of  Mr.  Howze  the  report  of  the  special 
committee,  as  amended,  was  adopted. 

SPECIAL  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the 
special  order,  which  was  the  report  of  the  Committee 
on  Legislative  Department. 

Thereupon  the  ordinance  was  ordered  read  by  sec- 
tions. 

ARTICLE  — 

LEGISLATIVE   DEPARTMENT. 
SECTION  ONE. 

Section  1.  The  legislative  power  of  this  State  shall 
be  vested  in  a  Legislature,  which  shall  consist  of  a  Sen- 
ate and  House  of  Representatives. 

Was  read  at  length. 

Mr.  Harrison  offered  the  following  amendment  to 
Section  1 : 

Amend  Section  1  by  striking  out  the  word  "Legisla- 
ture'' where  the  same  occurs  therein,  and  insert  in 
lieu  thereof  the  words  "General  Assembly." 

On  motion  of  Mr.  Beddow  the  amendment  of  Mr. 
Harrison  was  laid  upon  the  table. 

On  motion  of  Mr.  Oates,  Section  1  was  adopted. 

SECTION  TWO. 

Was  read  at  length  as  follows: 

Sec.  2.  The  styfe  of  the  laws  of  this  State  shall  be : 
^'Be  it  enacted  by  the  Legislature  of  Alabama,"  which 
shall  not  be  repeated,  but  the  act  shall  be  divided  into 
sections  for  convenience,  according  to  substance,  and 
the  sections  designated  merely  by  figures. 

Each  law  shall  contain  but  one  subject,  which  shall 
be  clearly  expressed  in  its  title,  except  general  appro- 
priation bills,  general  revenue  bills,  and  bills  adopting 


780  Journal  of  Alabama 

a  code,  digest,  or  revision  of  statute;  and  no  law  shall- 
be  revived,  amended  or  the  provisions  thereof  extended 
or  conferred,  by  reference  to  its  title  only;  but  so  much 
thereof  as  is  revived,  amended,  extended,  or  conferred, 
shall  be  reenacted  and  published  at  length. 

Mr.  Jones,  of  Montgomery,  offered  the  following 
amendment  to  Section  2 : 

Amend  Section  2  by  striking  out  the  word  "shall" 
and  inser-ting  the  word  "need"  in  place  thereof,  in  line 
five. 

The  amendment  otfered  by  Mr.  Jones,  of  Montgom- 
ery, was  adopted. 

Mr.  O'Neal,  of  Lauderdale,  offered  the  following 
amendment  to  Section  2 : 

Amend  Section  2  by  striking  out  the  word  "Legisla- 
ture of  Alabaum,"  in  first  and  second  lines  and  adding 
in  lieu  thereof  the  words  "General  Assembly." 

On  motion  of  Mr.  Oates  the  amendment  of  Mr.  O'Neal 
of  Lauderdale  was  laid  upon  the  table. 

On  motion  of  Mr.  (Jates  Section  2,  as  amended,  was. 
adopted. 

SECTION  THREE. 

Wa^  read  at  length  as  follows : 

Sec.  3.  Senators  and  Representatives  shall  be  elected 
by  the  qualified  electors  on  the  first  Monday  in  August, 
nineteen  hundred  and  two,  and  every  four  years 
thereafter,  unless  the  Legislature  shall  change  the  time 
of  holding  elections;  the  terms  of  office  of  the  Senators 
and  Representatives  shall  be  four  years,  commencing  on 
the  day  after  the  general  election,  except  as  otherwise 
provided  in  this  Constitution.  Whenever  a  vacancy 
shall  occur  in  either  House  the  Governor  shall  issue  a 
writ  of  election  to  fill  such  vacancy  for  tlie  remainder 
of  the  term. 

Mr.  Brooks  offered  the  folloAving  amendment  to  Sec- 
tion 3: 

Amend  Section  3  of  report  of  Oommittee  on  Legisla- 
tive Department : 


Co^■STITL■TIO^:AL  Convention.  781 

Strike  out  all  after  the  section  iimnber  and  insert  the 
folloAvinsj;-:  Senators  and  Ifepresentatives  elected  by  the 
qnalified  electors  on  the  lirst  ^londay  in  August, 
1902,  and  everA^  two  years  thereafter,  unless  the  Legis- 
lature shall  change  the  time  of  holding  elections.  The 
terms  of  office  of  the  Senators  shall  be  four  years,  com- 
mencing on  the  day  after  the  general  ehn-tion,  except 
as  otherwise  provided  in  this  Constitution ;  whenever 
a  vacancy  shall  occur  in  either  House  the  Governor  shall 
issue  a  writ  of  election  to  fill  such  vacancy  for  the  re- 
mainder of  the  term. 

On  motion  of  Mr.  deGratfenried  the  amendment  of 
Mr.   i^rooks  was  laid  upon  the  table. 

Mr.  Harrison  oifered  ihe  following  amendment  to 
:  Section  3 : 

Amend  Section  3  by  striking  out  the  words  ''first 
Monday  in  August,"  where  they  occur  therein,  and  in- 
sert in  lieu  thereof  the  following,  to-wit :  Tuesday  after 
the  first  jMouday  in  November. 

Mr,  Reese  moved  to  table  the  amendment  offered  by 
Mr.  Harrison. 

The  motion  of  Mr.  Reese  was  lost. 

The  question  recurred  upon  the  adoption  of  the 
amendment  of  Mr.  Harrison. 

On  motion  of  Mr.  Gates  the  amendment  of  Mr.  Har- 
rison was  adopted. 

Mr.  Browne  moved  to  take  from  the  table  the  amend- 
ment offered  by  Mr.  Brooks  to  Section  3. 

The  motion  was  lost :  Yeas,  23 ;  nays,  96. 

YEAS. 

Messrs.  Brooks,  Lomax, 

Browne,  Martin, 

Byars,  :Mf)ody, 

Foster,  O'Neal  (Lauderdale), 

Grayson,  Rogers  (Lowndes), 

Greer  (Perry),  Sanford, 

Heflin  (Chambers),  Selheimer, 

Heflin  (Randolph).  Sollie, 

Jones  (Montgomery).  Spears, 


782 


Journal  of  Alabama 


Tavloe, 

Thompson, 

Watts, 


White, 

Williams  ( Barbour )  — 23. 


Messrs.  President, 

Banks, 

Barefield, 

Bartlett, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Bulger, 

Cardon, 

Carnathon, 

Case, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Elev, 

Eyster, 

Espy, 

Fergi  £on, 

Fletcher, 

r^oshee, 

I'>eeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery) , 

(ri-eer  (Calhoun), 

FT  a  ley, 

Hand  ley, 

Harrison, 


NAYS 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

-Jones  (Bibb), 

Jones  (Hale), 

Kirk, 

Kirkland, 

Knight, 

Led  better, 

Leigh, 

Locklin, 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin),. 

Malone, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (  Wilcox  j, 

Murphree, 

XetSmith, 

Norman, 

Norwood, 

Gates, 

Opp, 

G'Kear, 

Palmer, 

Parker  ( Elmore)  ^ 

Poarce, 

Pettus. 

Phillips, 

Pillans, 

Pitts, 


Constitutional  Convention.  78S 

Porter,  Stewart, 

Reese,  Stiiddard, 

Reynolds  (Chiltop),  Vaiigban, 

Reynolds  (Henry),  Waddell, 

Robinson,  Walker, 

Rogers  (Sumter),  Weakley, 

Samford,  Whiteside, 

Searcy,  Willett, 

Sentell,  Williams  (Marengo), 

Smith  (Mobile),  Wilson  (Clarke). 

Smith,  Morgan  ]N[.,  Wilson  (Washington), 

Sorrel  1,  Winn— 96. 

Spragins, 

Section  3,  as  amended,  was,  on  motion  of  Mr.  Oates, 
adopted. 

reconsideration. 

Mr.  Reese  gave  notice  that  on  to-morrow  he  would 
move  to  reconsider  the  vote  by  which  Section  3  was 
adopted. 

RECESS. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Legislative  Department,  the  hour  of 
1  o'clock  p.  m.  arrived,  and  under  the  rules  the  Con- 
vention recessed  until  3:30  o'clock  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


784 


Journal  of  Alabama 


Messrs.  President, 

Grant, 

Banks, 

Grayson, 

Barefield, 

Greer  (Calhoun), 

Bartlett, 

Greer  (Perry), 

Beavers, 

Haley, 

Beddow, 

Handley, 

Betlmne, 

Harrison, 

Blackwell, 

Refiin  (Chambers), 

Boone, 

Hetlin  (Kandolph), 

Brooks, 

Henderson, 

Browne, 

Hinsou, 

Bulger, 

Hodges, 

Burnett, 

Hood, 

Burns, 

Howell, 

Byars, 

Howze, 

Cardon, 

Inge, 

Carmichael  (Colbert), 

Jones  (Bibb), 

Carnathon, 

Jones  (Hale), 

■Case, 

Jones  ( Montgomery ) , 

Chapman, 

Kirk, 

Cobb, 

Kirkland, 

Cofer, 

Knight, 

Coleman  (Greene), 

Leigh, 

Cornwell, 

Loeklin, 

Davis  (DeKalb), 

Lomax, 

Davis  (Etowah), 

Long  (Butler), 

Dent, 

Long  (Walker), 

deGraffenried, 

Lowe  (Jefferson), 

Dent, 

Lowe  (Lawrence), 

Eley, 

Macdonald, 

Eyster, 

McMillan  (Baldwin), 

Espy, 

:McMillan  {Wilcox), 

Ferguson, 

Malone, 

l^itts, 

Martin, 

Fletcher, 

^Maxwell. 

Foshee, 

:Merrill, 

Foster, 

Miller  (Marengo). 

Freeman, 

driller  (Wilcox), 

Gil  more, 

Moody, 

Glover, 

^Forrisette, 

Graham  ( Montgomery ) , 

Mulkey, 

Constitutional  Convention. 


785 


Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Renfro, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

San  ford. 


Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Morgan  M., 

Sorrell, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaug'han, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  (Marengo). 

Wilson  (Clarke). 

Wilson  (Washington) 

Winn— 131. 


ordinance  on  third  reading. 

Mr.  Lomax  moved  that  the  ordinance  on  Preamble 
and  Declaration  of  Rights  be  taken  up  and  ordered  to  a 
third  reading. 

The  motion  prevailed  and  the  ordinance  was  read 
a  third  time  at  length  as  follows : 

An  ordinance  adopting  a  Preamble  and  Declaration 
of  Rights  for  the  Constitution  of  the  State  of  Alabama. 

Be  it  ordained  by  the  people  of  the  State  of  Alabama, 
in  Convention  assembled,  that  the  following  shall  be 
the  Preamble  and  Declaration  of  Rights  of  the  Con- 
stitution of  this  State : 


50 


786  JouKXAL  OF  Alabama 

PREAMBI^. 

An  ordinance  adopting- a  Preamble  and  Declaration  of 
Rights  for  the  Constitution  of  tlie  State  of  Alabama. 

Be  it  ordained  by  tlie  people  of  the  State  of  Alabama, 
in  Convention  assembled,  that  the  following  shall  be  the 
Preamble  and  Declaration  of  Rights  of  the  Constitntion 
of  this  State : 

PREAMBLE. 

We,  the  people  of  the  State  of  Alabama,  in 
order  to  establish  justice,  ensure  domestic  tran- 
quility, and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity  invoking  the  favor  and  guid- 
ance of  Almighty  Ood — ^do  ordain  and  establish  the  fol- 
lowig  Constitution  and  form  of  government  for  the  State 
of  Alabama : 

ARTICLE  — . 

DECLARATION  OF  RIGHTS, 

That  the  great,  general  and  essential  principles  of 
libert}'  and  free  government  may  be  recognized  and  es- 
tablished, we  declare: 

1.  That  all  men  are  equally  free  and  independ- 
ent; that  they  are  endoAved  by  their  Creator  with  cer- 
tan  inalienable  rights ;  that  among  these  are  life,  lib- 
erty and  the  pursuit  of  happiness. 

2.  That  all  political  power  is  inherent  in  the  x^<?<>l)lf, 
and  all  free  governments  are  founded  on  their  authority, 
and  instituted  for  their  benefit;  and  that,  therefore,, 
they  have  at  all  times  an  inalienable  and  indefeasible 
right  to  change  their  form  of  government  in  such  man- 
ner as  they  may  deem  expedient. 

3.  That  no  rcdigion  shall  l)e  established  by  law;  that 
no  preference  shall  be  given  by  law  to  any  religious  sect, 
society,  denomination  or  mode  of  worship;  that  no  one 
shall  be  compelled  by  law  to  attend  any  place  of  wor- 
ship; nor  pay  any  tithes,  taxes  or  other  rate  for  the 


Constitutional  Convention.  787 

building  or  repairing  any  place  of  worship,  or  for  main- 
taining any  minister  or  ministry;  that  no  religious  test 
shall  be  required  as  a  qualification  to  any  office  or  pub- 
lic trust  under  this  State;  and  that  the  civil  rights, 
privileges  and  capacities  of  auy  citizen  shall  not  be  in 
any  manner  affected  by  his  religious  principles. 

4.  That  no  law  shall  ever  be  passed  to  curtail  or  re- 
strain the  liberty  of  speech  or  of  the  press;  and  any 
person  may  speak,  write  and  publish  his  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  that  lib- 
erty. 

5.  That  the  people  shall  be  secure  in  their  ]>ersons, 
houses,  papers  and  possessions  from  unreasonable  seiz- 
ure or  searches,  and  that  no  warrants  shall  issue  to 
search  any  place  or  to  seize  any  person  or  thing  without 
probable  cause,  supported  by  oath  or  affirmation. 

6.  That  in  all  criminal  prosecutions,  the  accused  has 
a  right  to  be  heard  by  himself  and  counsel  or  either;  to 
demand  the  nature  and  cause  of  the  accusation ;  to  have 
a  copy  thereof;  to  be  cronf routed  by  the  witnesses 
against  him ;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor ;  to  testify  in  all  cases,  in  his  own 
behalf,  if  he  elects  so  to  do ;  and,  in  all  prosecutions  by 
indictment,  a.  speedy,  public  trial,  by  an  impartial  jury 
of  the  county  or  district  in  which  the  offense  was  com- 
mitted; and  that  he  shall  not  be  compelled  to  give  evi- 
dence against  himself,  nor  be  deprived  of  life,  liberty 
or  property  but  by  due  process  of  law ;  but  the  General 
Assembly  may,  by  a  general  law,  provide  for  a  change 
of  venue  for  the  defendant  in  all  prosecutions  b}'^  indict- 
ment, and  that  such  change  of  venue  on  api^lication  of 
the  defendant,  may  be  heard  and  determined  without  the 
personal  presence  of  the  defendant  so"  applying  there- 
for; provided  that  at  the  time  of  the  application  for  the 
change  of  venue  the  defendant  is  imprisoned  in  jail  or 
some  legal  place  of  confinement. 

7.  That  no  person  shall  be  a'ccused  or  arrested,  or 
detained  except  in  cases  ascertained  by  law,  and  accord- 
ing to  the  form  which  the  same  has  prescribed ;  and  no 
person  shall  be  punished  but  by  virtue  of  a  law  estab- 
lished and  promulgated  prior  to  the  offense  and  legally 
applied. 


788  Journal  of  ALAiiAMA 

8.  That  no  person  shall,  for  any  iudictalile  offense, 
be  proceeded  against  criminally,  by  information,  except 
in  eases  arising  in  the  militia  and  volunteer  forces  when 
in  actual  service,  or  when  assembled  under  arms  as  a 
military  organization,  or  b}'  leave  of  the  court,  for  mis- 
feasance, misdemeanor,  extortion  and  oppression  in  office 
otherwise  than  is  provided  in  this  Constitution ;  provided 
that  in  cases  of  misdemeanor,  the  General  Assembly 
may,  by  law,  dispense  with  a  Grand  Jury,  and  author- 
ize such  prosecutions  and  proceedings  before  Justices 
of  the  Peace  or  such  other  inferior  courts  as  xaaj  be  by 
law  established. 

9.  That  no  person  shall,  for  the  same  offense,  be 
twice  put  in  jeopardy  of  life  or  limb;  but  courts  may, 
for  reasons  fixed  by  law,  discharge  juries  from  the  con- 
sideration of  any  case,  and  no  person  shall  gain  any  ad- 
vantage hj  reason  of  such  discharge  of  the  jury. 

10.  That  no  person  shall  be  barred  from  prosecuting 
or  defending  before  any  tribunal  in  this  State,  by  him- 
self or  counsel,  any  civil  cause  to  which  he  is  a  i>arty. 

11.  That  the  right  of  trial  by  jury  shall  remain  in- 
violate. 

12.  That  in  all  prosecutions  for  libel  or  for  the  publi- 
cation of  papers  investigating  the  official  conduct  of 
oflflcers  of  men  in  public  capacity,  or  when  the  matter 
published  is  proper  for  public  information,  the  truth 
thereof  may  be  given  in  evidence ;  and  that  in  all  indict- 
ments for  libel,  the  jury  shall  have  the  right  to  deter- 
mine the  law  and  the  facts  under  the  direction  of  the. 
court. 

13.  That  all  courts  shall  be  open;  and  that  every  per- 
son, for  any  injury  done  him,  in  his  lands,  goods,  person 
or  reputation,  shall  have  a  remedy  by  due  process  of  law ; 
and  right  and  justice  shall  be  administered  without 
sale,  denial  or  delay. 

14.  That  the  State  of  Alabama  shall  never  be  made 
a  defendant  in  any  court  of  law  or  equity. 

15.  That  excessive  fines  shall  not  be  imposed,  nor 
cruel  or  unusual  punishments  inflicted. 

16.  That  all  persons  shall,  before  conviction,  be 
bailable  by  sufficient  sureties,  except  for  capital  offenses, 


Constitutional  Convention.  789 

when  the  proof  is  evident  or  the  presumption  great ;  and 
that  excessive  bail  shall  not  in  anj^  case  be  required. 

17.  That  the  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended  by  the  authorities  of  this  State. 

18.  That  treason  against  the  State  shall  consist 
onl}'  in  levying  war  against  it,  or  adhering  to  its  ene- 
mies, giving  them  aid  and  comfort;  and  that  no  persom 
shall  be  convicted  of  treason,  except  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  his  own  con- 
fession in  open  court. 

19.  That  no  person  shall  be  attainted  of  treason  by 
the  General  Assembly ;  and  that  no  conviction  shall  work 
corruption  of  blood  or  forfeiture  of  estate. 

2(1.    That  no  person  shall  be  imprisoned  for  debt. 

21.  That  no  power  of  suspending  laws  shall  be  exer- 
cised except  by  the  General  Assembly. 

22.  That  no  ex  po.st  facto  law,  or  any  law,  impairing 
the  obligation  of  contracts,  or  making  any  irrevocable 
or  exclusive  grants  of  special  privileges  or  immunities^ 
shall  be  passed  by  the  General  Assembly;  and  every 
grant  of  a  franchise,  privilege  or  immunity,  shall  for- 
ever remain  subject  to  revocation,  alteration  or  amend- 
ment. 

23.  That  the  exercise  of  the  right  of  eminent  domain 
shall  never  be  abriged  nor  so  construed  as  to  prevent  the 
General  Assembly  from  taking  the  property  and  fran- 
chises of  incorporated  companies  and  subjecting  them 
to  public  use  the  same  as  individuals.  But  private  prop- 
erty shall  not  be  taken  or  applied  for  public  use,  unless 
just  compensation  be  first  made  therefor;  nor  shall  pri- 
vate property  be  taken  for  private  use  or  for  the  use  of 
corporations,  other  than  municipal,  without  the  consent 
of  the  owner ;  provided,  however,  that  the  General  As- 
sembly may,  by  law,  secure  the  persons  or  corporations 
the  right  of  way  over  the  lands  of  other  persons  or  cor- 
porations, and  by  general  laws  provide  for  and  regulate 
the  exercise  by  person  and  corporation  of  the  rights 
herein  reserved;  but  just  compensation  shall,  in  all 
cases,  be  first  made  to  the  owner ;  and,  provided  that  the 
rght  of  eminent  domain  shall  not  be  so  construed  as  to 
allow  taxation  or  forced  subscription  for  the  benefit  of 


790  Journal  of  Alabama 

railroads  or  any  other  kind  of  corporation,  other  than 
municipal,  or  for  the  benefit  of  anv  individual  or  as- 
sociation. 

24.  That  all  navigable  waters  shall  remain  forever 
public  highways,  free  to  the  citizens  of  the  State,  and 
of  the  United  States,  without  tax,  impost  or  toll;  and 
that  no  tax,  toll,  impost  or  wharfage  shall  be  demanded 
or  received  for  the  owner  of  any  merchandise  or  com- 
modity for  the  use  of  the  shores,  or  any  wharf  erected 
on  the  shores,  or  in  or  over  the  waters  of  any  navigable 
stream,  unless  the  same  be  expressly  authorized  by  law. 

25.  That  the  citizens  have  a  right,  in  a  peaceable  man- 
ner to  assemble  together  for  the  common  good,  and  to 
applj^  to  those  invested  with  the  power  of  government 
for  redress  of  grievances  or  other  purposes,  by  petition, 
address  or  remonstrance. 

2G.  That  every  citizen  has  :i  right  to  bear  arms  in  de- 
fense of  himself  and  the  State. 

27.  That  no  standing  army  shall  be  kept  up  without 
the  consent  of  the  General  Assembly,  and  in  that  case, 
no  appropriation  for  its  support  shall  be  made  for  a 
longer  term  than  one  year;  and  the  military  shall,  in 
:all  cases  and  at  all  times,  be  in  strict  subordination  to 
the  civil  power, 

28.  That  no  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  owner, 
nor  in  time  of  war  but  in  a  manner  to  be  prescribed  by 
law, 

29.  That  no  title  of  nobility  or  hereditary  distinction, 
privilege,  honor  or  emolument,  shall  ever  be  granted  or 
conferred  in  this  State;  and  that  no  office  shall  be 
created,  the  appointment  to  which  shall  be  for  a  longer 
time  than  during  good  behavior. 

30.  Thjit  immigration  shall  be  cucouraged;  emigra- 
tion shall  not  be  prohibited,  and  that  no  citizen  shall  be 
exiled. 

31.  That  tem]H)rary  absence  from  the  State  shall  not 
cause  a  forfeiture  of  residence  once  obtained. 

32.  That  no  form  of  slaverv  sliall  exist  in  this  State; 
and  there  shall  not  be  anv  involuntarv  servitude,  other- 


CUNSTITUTIONAL  CONVENTION.  791 

wise  than  for  the  punishment  of  crime,  of  which  the 
party  shall  have  been  duly  convicted. 

33.  The  privilege  of  suffrage  shall  be  protected  by 
laws  regulating  elections,  and  prohibiting,  under  ade- 
quate penalties,  all  undue  influences  from  power,  brib- 
-ery,  tumult  or  other  improper  conduct. 

34.  Foreigners  who  are,  or  who  may  hereafter  become 
bona  fide  residents  of  this  State,  shall  enjoy  the  same 
rights  in  respect  to  the  possession,  enjoyment  and  inheri- 
tance of  property,  as  native  born  citizens. 

35.  That  the  sole  object  and  only  legitimate  end  of 
gOA-ernment  is  to  protect  the  citizen  in  the  enjoyment 
of  life,  liberty  and  property,  and  when  the  government 
assumes  other  functions,  it  is  usurpation  and  oppres- 
sion. 

36.  In  the  government  of  this  State,  except  in  the 
instances  in  tliis  Constitution  liereinafter  expressly  di- 
rected or  permitted,  the  Legish\tive  Department  shall 
never  exercise  the  Executive  or  Judicial  powers,  or 
either  of  them;  the  Executive  shall  never  exercise  the 
Legislative  and  Judicial  powers,  or  either  of  them;  the 
Judicial  shall  never  exercise  the  Legislative  and  Exe- 
cutive powers,  or  either  of  them ;  to  the  end  that  it  may 
be  a  government  of  laws  and  not  of  men. 

37.  That  this  enumeration  of  certain  rights  shall  not 
impair  or  deny  others  retained  by  the  people;  and,  to 
guard  against  any  encroachments  on  the  rights  herein 
retained,  we  declare  that  everything  in  this  Declaration 
of  Eights  is  excepted  out  of  the  general  powers  of  gov- 
ernment, and  shall  forever  remain  inviolate. 

Mr.  Louuix  moved  that  the  ordinance  be  adopted. 
The  motion  prevailed:  Yeas,  117;  nays,  2. 

YEAS, 

Messrs.  President,  Rlackwell, 

Banks,  Boone, 

Barefield,  Brooks, 

Bartlett,  Bulger, 

Beddow,  Burns, 

Bethune,  Cardon, 


792 


Journal  of  Alabama. 


Carmichael  ( Colbert ) , 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

cleGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferj^uric  n, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hodjies, 

Hood. 

Howell, 

Howze, 

Inse, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery).. 

Kirk, 


Knight, 

I^edbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler),. 

Long  (Walker), 

Lowe  (Jefferson),. 

Macdonald, 

McMillan  ( Baldwin )y 

Mah)ne, 

^Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Murphree, 

XeSmith, 

Norman, 

Norwood, 

Gates, 

G'Neal  (Lauderdale),. 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

P]-(>ftor, 

Reese, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes),. 

Rogers  (Sumter),. 

Samford, 

Sanders, 

Sanford',. 


Constitutional  Convention.  793- 

Searcy,  Waddell, 

Selheimer,  Walker, 

Sentell,  Watts, 

Smith  (Mobile),  Weakley, 

Smith,  Morgan  M.,  Weatherly, 

Sorrell,  White, 

Spragins,  Whiteside, 

Stewart,  Williams  (Barbour), 

Studdard,  Wilson  (Clarke), 

Tayloe,  Wilson  (Washington). 

Thompson,  Winn — 117. 

Vaughan, 

NAYS. 
Messrs.  Byars,  AVillett — 2. 

The  ordinance  was  referred  to  the  Committee  on 
Order,  Consistency  and  Harmony  of  the  Whole  Con- 
stitution. 

UNFINISHI^D    BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Legislative  Department. 

SECTION  four. 

Was  read  at  length  as  follows: 

Sec.  4.  Senators  shall  be  at  least  twenty-seven  years 
of  age,  and  Representatives  twenty-one  years  of  age; 
they  shall  have  been  citizens  and  inhabitants  of  their 
respective  counties  or  districts  one  year  next  before 
their  election,  if  such  county  or  district  shall  have  been 
so  long  established ;  but  if  not,  then  of  the  countv  or 
district  from  which  the  same  shall  have  been  taken ; 
and  they  shall  reside  in  their  respective  counties  or  dis- 
tricts during  their  terms  of  service. 

Mr.  Rogers,  of  Lowndes,  offered  the  folIowing^ 
amendment  to  Section  4,  which  was  adopted : 

Substitute  word  "residents"  in  line  two  for  the  word 
"inhabitants." 


794  Journal  of  Alabama 

Mr.  Dnke  offered  the  following  amendment  to  Sec- 
tion 4 : 

Amend   Section  4:  of  Article  on  Legislative  Depart 
ment  bv  striking  out  the  word  "twenty-seven''  in  the 
iirst  line  of  said  section  and  inserting  in  lieu  thereof  the 
word  "twenty-five." 

On  motion  of  Mr.  Oates  the  amendment  of  Mr.  Duke 
was  adopted. 

Mr.  Eyster  offered  the  following  amendment  to  Sec- 
tion 4 : 

Amend  by  striking  out  "twenty-one''  in  the  first  and 
second  lines  and  insert  in  lieu  thereof  the  words  "twen- 
ty-five.'' 

On  motion  of  Mv.  Pettus  the  amendment  of  Mr.  Eys- 
ter was  laid  on  the  table. 

Mr.  Burns  offered  the  following  amendment  to  Sec- 
tion 4: 

Shall  have  been  a  white  qualified  elector  and  electors 
for  three  years. 

On  motion  of  :\[r.  Samford,  the  amendment  of  Mr. 
Burns  was  laid  upon  the  table. 

3Ir.  Oates  offered  the  following  amendment  to  Sec- 
tion 4 : 

Amend  by  adding  after  the  word  "citizens''  in  line 
two  of  the  printed  copy  the  following:  "And  residents 
of  this  State  for  three  years." 

The  amendment  of  Mr.  Oates  was  adopted. 

Mr.  Burns  offered  the  following  amendment  to  Sec- 
tion 4 : 

Strike  out  resident  and  citizen  and  insert  qualified 
elector. 

On  motion  of  Mr.  Oates  the  amendment  of  Mr.  Burns 
W'^as  laid  upon  the  table. 

On  motion  of  Mr.  Oates  Section  4,  as  amended,  was 
adopted. 

SECTION  FIVE. 

Was  read  at  length  as  follows: 

Sec.  5.  The  Legislature  shall  meet  quadrennially,  a,t 
the  Capitol  in  the  Senate  Chamber  and  in  the  Hall  of 


Constitutional  Convention.  795 

the  House  of  liepreseiitatives,  (except  in  cases  of  the 
destruction  of  the  Capitol,  or  epidemics,  when  the  Gov- 
ernor may  convene  them  at  such  phice  in  the  State  as 
he  may  deem  best),  on  the  day  specified  in  this  Consti- 
tution, or  on  such  otlier  day  as  may  be  prescribed  by 
law;  and  shall  not  remain  in  session  longer  than  sixty 
davs  at  the  first  session  held  under  this  Constitution, 
nor  longer  than  fift}'  days  at  any  subsequent  session. 

Mr.  Williams,  of  Barbour,  offered  the  following 
amendment  to  Section  5 : 

Amend  Section  5  by  striking  out  the  word  "quadren- 
nially" and  inserting  in  the  place  of  the  same  the  word 
^4)ierinially." 

Mr.  Long,  of  Walker,  offered  the  following  substitute 
for  the  amendment  offered  by  Mr.  Williams  of  Barbour: 

Amend  Section  5  by  striking  out  the  word  "quadren- 
nially" in  the  first  line  and  inserting  "biennially''  in- 
stead; also  by  striking  the  word  "fifty''  in  the  sixth 
and  inserting  the  words  "twenty-five"  in  lieu  thereof. 

iMr.  Rogers,  of  Sumter,  demanded  the  previous  ques- 
tion upon  Section  5,  and  the  pending  amendments. 

The  question  recurred  upon  the  substitute  for  the 
amendment. 

Mr.  Lowe,  of  Jefferson,  asked  for  a  discussion  of  the 
question  contained  in  the  substitute  for  the  amend- 
ment. 

The  Chair  held  that  Mr.  Lowe,  of  Jefferson,  was  out 
of  order  in  that  the  substitute  for  the  amendment  con- 
tained but  one  proposition  and  could  not  be  dividecl. 

Mr.  Lowe,  of  Jefferson,  thereupon  appealed  from  the 
decision  of  the  Chair. 

The  Chair  Avas  sustained. 

The  question  recurred  upon  the  substitute  offered  by 
Mr.  Long,  of  Walker,  for  the  amendment  offered  by  Mr. 
Williams,  of  Barbour. 

The  substitute  offered  by  Mr.  Long,  of  Walker,  was 
lost:  Yeas,  15:  navs,  105. 


796 


Journal  of  Alabama 


YEAS, 


Messrs.  Bartlett, 

Jones  (Bibb), 

Beddow, 

Ledbetter, 

Carmichael  (Colbert), 

Long  (Walker), 

Grayson, 

O'Neill  (Jefferson), 

Haley, 

Sanford, 

Harrison, 

Waddell, 

Henderson, 

AYinn — 15. 

Hinson, 

NAYS. 

Messrs.  President, 

Freeman, 

Banks, 

Gilmore, 

Barefield, 

Glover, 

Bethune, 

Graham  ( Montgomery  )y 

Blaekwell, 

Greer  (Calhoun), 

Boone, 

Greer  (Perry), 

Brooks, 

Handley, 

Browne,    . 

Heflin  (Chambers), 

Bulger, 

Heflin  (Randolph), 

Byars, 

Hodges, 

Carnatlion, 

Hood> 

Case, 

Howell, 

Chapman, 

Howze, 

Cobb, 

Inge, 

Cofer, 

Jones  (Hale), 

Coleman  (Greene), 

Jones  (Monto'omerv),, 

Cornwell, 

Kirk, 

Davis  (DeKalb), 

Knight, 

Davis  (Etowah), 

Leigh, 

Duke, 

Lockiin, 

Eley, 

Long  (Butler), 

Eyster, 

Lowe  (Jefferson), 

Espy, 

:\IcMil]an  (Baldwin),. 

Ferguson, 

]N  Fa  lone. 

Fitts, 

Martin, 

Fletcher, 

^laxwell, 

Foshee, 

l\rerrill. 

Foster, 

]\ri]ler  (Marengo),. 

Constitutional  Convention. 


797 


Miller  (Wilcox), 
jVIoody, 
JVIurphree, 
NeSmith, 
Norman, 
Norwood, 
'Gates, 

O'Neal  (Lauderdale), 
O'Rear, 
Palmer, 

Parker  (Elmore), 
Pearce, 
Pettiis, 
Phillips, 
Pillans, 
Porter, 
Proctor, 
Reese, 

Reynolds  (Henry), 
Robinson, 
Rogers  (Lowndes), 
Rogers  (Sumter), 
Samford, 
Sanders, 


Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaughan, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  (Washington) 


-105 


tlie 


The  question    recurred    upon    the    adoption    of 
amendment  offered  by  Mr.  Williams,  of  Barbour. 

The  amendment  of  Mr.  Willams,  of  Barbour,  was  lost 
Yeas,  48;  nays,  76. 


YEAS. 


Messrs.  Banks, 

Beddow, 

Brooks, 

Bulger, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Case, 


Cobb, 

Duke, 

Eyster, 

Espy, 

Foshee, 

Foster, 

Grayson, 

Oreer  (Perry), 

Haley, 


798 


Journal  of  Alabama 


Handley, 

Heflin  (Chambers), 

lletiin  (Randolph), 

Hood, 

Howell, 

Jones  (Bibb), 

Jones  (Montgomery), 

Ledbetter, 

l.eigh. 

Long  (Walker), 

Lowe  (Jefferson), 

.Martin, 

bloody, 

O'Neill  (Jefferson), 

Parker  (Elmore), 


Phillips, 

I'roctor, 

IJobinson, 

Rogers  (Lowndes), 

iSamford, 

Sanford, 

Sellieiuier, 

SoUie, 

Spears, 

Thompson,. 

\\'atts, 

Weakley,, 

White,  ^ 

Williams  (Barbour), 

Winn— 4S. 


Messrs.  President, 

Barefield, 

Bartlett, 

Bethune, 

Blackwell, 

Boone, 

Browne, 

Carnathon, 

Chapman, 

( 'ofer, 

Coleman  (Greene), 

Cornwell, 

Dnvis  (DeKalb), 

Davis  (Etowah), 

Eley, 

I'ergnson, 

Fitts, 

l-']etf'her. 

Freeman, 

Cilniore, 

Crlover, 

Craham  ( Montgomery) , 

Greer  (Calhoun), 


NAYS 

Harrison, 

Henderson,. 

Hinson, 

Hodges, 

Howze, 

Inge, 

Jones  (Hale),. 

Kirk, 

Knight, 

l^ocklin, 

I^ong  (Butler), 

McMillan  (Baldwin), 

Malone, 

Mnxwell, 

Merrill, 

Miller  ( jNIarengo), 

Miller  (Wilcox^ 

Murphrec^, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  ( Lauderdale ) , 


Constitutional  Convention. 


799 


Opp, 

O'Kear, 

Palmer, 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Keese, 

Reynolds  (Henry), 

Rogers  (Sumter), 

Sanders, 

Searcy, 

Sentell, 

Sloan, 


Smith  (Mobile), 

Smith,  Morgan  M.. 

Sorrell, 

Spragins,, 

Stewart, 

Studdard, 

Tayloe, 

Vaiighan, 

Waddell, 

Walker, 

Weatherly, 

Whiteside, 

Williams  (Marengo) 

Wilson  (Clarke), 

Wilson  ( W^ashingtou)- 


"G. 


reconsideration. 

Mr.  Rogers,  of  Snmter,  moved  to  reconsider  the  vote 
by  which  the  amendment  of  Mr.  AVilliams,  of  Barbour, 
was  lost,  and  then  moved  to  lay  his  motion  to  reconsider 
on  the  table ;  and  for  that  purpose  he  moved  a  suspension 
of  the  rules. 

The  yeas  and  nays  were  demanded  on  the  suspension 
of  the  rules. 

The  motion  to  suspend  the  rules  was  lost:  Yeas,  65; 
navs.  55. 


YEAS. 


Messrs.  President, 

Bethune, 

^hickwell, 

Boone, 

Browne, 

Byars, 

Carnathon, 

Case, 

Chapman, 

Cofer, 

Coleman  (Greene), 


Cornwell, 

Davis  (DeKalb), 

Davis  (Etowah), 

Eley, 

Espy, 

I'erguson, 

r^itts. 

Fletcher, 
Foshee, 
Gilmore, 
Glover, 


800 


Journal  of  Alabama 


Greer  (Calhoun), 

Harrison, 

Hodges, 

Howze, 

Inge, 

Jones  (Bibb), 

Jones  (Hale), 

Kirk, 

Leigh, 

Loeklin, 

McMillan  (Baldwin) 

Malone, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Murphree, 

Norman, 

Norwood, 

•Gates, 

G'Rear, 

Palmer, 


Pearce, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

lieynolds  (Henry), 

Kogers  (Sumter), 

Sanders, 

Searcy, 

Sentell, 

Sorrell, 

Spragins, 

Stewart, 

Stiiddard, 

Vaugiian, 

Waddell,      ' 

Walker, 

Weatherly, 

"S^liiteside, 

Williams  ( Marengo ) , 

Winn — 65. 


NAYS. 


Messrs.  Banks, 

Barefield, 

Bartlett, 

Beddow, 

Brooks, 

Bulger, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Cobb, 

Duke, 

Eyster, 

Foster, 

Freeman, 

Graham  (Montgomery), 

Grayson, 


Greer  (Perry), 

Haley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hood, 

Howell, 

Jones  (Montgomery), 

Ledbetter, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Martin, 

bloody. 

NeSniith, 


Constitutional  Convention.  801 

O'Neal  (Lauderdale),  Smitli  (Mol)ile), 

O'Neill  (Jefferson),  SoUie, 

Parker  (Elmore),  Spears, 

Opp,  Tayloe, 

Pettus,  Thompson, 

Proctor,  Watts, 

Reese,  ^A'eaklev, 

Robinson,  White, 

Rogers  (Lowndes),  Williams  (Barbour), 
Samford,                                '  Wilson  (Clarke), 

Sanford,  Wilson  (Washington) — 55. 
Selheimer, 

Mr.  Wilson,  of  Clarke,  raised  the  point  of  order  that 
it  did  not  require  a  suspension  of  the  rules  to  reconsider 
a  vote  upon  any  incidental  or  subsidary  question,  but 
that  such  questions  could  be  reconsidered  when  the 
motion  to  reconsider  was  made. 

The  point  of  order  was  sustained. 

The  question  recurred  upon  the  motion  of  Mr.  Rogers 
of  Sumter  to  table  the  motion  to  reconsider  the  vote 
by  which  the  amendment  of  Mr.  Williams,  of  Barbour, 
was  lost. 

The  motion  to  reconsider  was  laid  upon  the  table. 

On  motion  of  Mr.  Rogers,  of  Sumter,  Section  5  was 
adopted. 

RECONSIDERATION. 

Messrs.  Sollie,  O'Neal  of  Lauderdale,  and  Burns 
gave  notice  that  on  to-morrow  they  would  move  to  re- 
consider the  vote  by  which  Section  5  was  adopted. 

adjournment. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Legislative  Department,  the  hour  of  6 
o'clock  p.  m.  arrived,  and  under  the  rules,  the  Conven- 
tion adjourned  until  0  :30  o'clock  to-morrow  morning. 

51 


802 


JouRXAL  OF  Alabama. 


FORTY-SEVENTH  DAY. 

CoxvEXTiON  Hall. 

Montgomery,  Ala.,  Wednesday,  July  17,  1901.. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  Avas  offered  by  Rev.  Mr.  A[cDaniel  of  the  city. 

ROLL  call. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Banks, 

Barefield, 

Bartlett, 

Beddow, 

Bethune. 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Case, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Corn  well, 

Craig, 

Davis  (DeKa lb), 

Davis  (Etowah), 

Dent, 


Duke, 

Eley, 

Eyster, 

Espy, 

I'erguson, 

Fitts, 

Fletcher, 

Foshec, 

l-^)stc'r, 

Freeman, 

(iilmore, 

(Hover, 

Graham  ( Montgomery),. 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Haley, 

Hand  ley, 

Harrison, 

Iloflin  (Chambers), 

Heflin  (Randolph),. 

Hinson, 

Hodges, 

Hood,    . 

Howell, 

ntvwze,. 


Constitutional  Convention. 


803 


Inge, 

Porter, 

Jackson, 

Proctor, 

Jones  (Bibb), 

Reese, 

Jones  (Hale), 

Reynolds  (Chilton), 

Jones  (Montgomery), 

Reynolds  (Henry), 

Jones  (Wilcox), 

Ivobinson, 

Kirk, 

Rogers  (Lowndes), 

Kirkland, 

Rogers  (Sumter), 

Knight, 

Samford, 

Leigh, 

Sanford, 

Locklin, 

Searcy, 

Lomax, 

Selheimer, 

Long  (Butler), 

Sentell, 

Long  (Walker), 

Sloan, 

Lo\Ye  (Jefferson), 

Smith  (Mobile), 

jMacclonald, 

Smith,  Mac.  A., 

McMillan  (Baldwin), 

Smith,  Morgan  M.^ 

McMillan  (Wilcox), 

Sollie, 

Malone, 

Sorrell, 

Martin, 

Spragins, 

Maxwell, 

Stewart, 

Merrill, 

Studdard, 

Miller  (Marengo), 

Tayloe, 

Miller  (Wilcox), 

Thompson, 

Moody, 

Vaughan, 

Miirphree, 

Waddell, 

NeSmith, 

Walker,, 

Norman, 

Watts, 

Norwood, 

Weakley, 

Gates, 

Weatherly. 

O'Neal  (Lauderdale), 

White, 

O'Neill  (Jefferson), 

Whiteside, 

Opp, 

Willett, 

O'Rear, 

Williams  ( Barbour} , 

Palmer, 

Williams  (Marengo), 

Parker  (Elmore), 

Wilson  (Clarke), 

Pearce, 

Wilson  (Washington), 

Pillans, 

Winn— 129. 

804  Journal  of  Alabama 

leaves  of  absence. 

Was  granted  to  Messrs.  Graham  of  Montgomery  for 
to-dav,  and  to  Mr.  Carnathou  indefinitely;  to  Mr.  Kvle 
of  Etowah  for  to-dav  and  Sanders  for  last  Monday  and 
yesterday;  to  Mr.  Bethiine  for  Thursday,  Friday  and 
Saturday. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  forty-sixth 
day  of  the  Convention  and  that  the  same  is  correct. 

liespectfully  submitted, 

John  P.  Proctor^  Chairman. 

RESOLUTIONS  ON  FIRST  READING. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length  and  referred  to  appropriate 
committees,  as  follows: 

Kesolution  249,  by  Mr.  Williams,  of  Marengo: 

Be  it  resolved,  That  on  motions  to  reconsider,  20 
minutes,  and  no  more,  shall  be  allowed  to  each  side  for 
speech  making,  and  thereupon  a  vote  shal  be  taken. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  250,  by  Mr.  Burns: 

Resolved,  That  no  delegate  shall,  at  the  close  of  his 
remarks  or  speech,  make  a  motion  to  lay  on  the  table, 
or  call  for  the  previous  question. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

STENOGRAPHIC   REPORT. 

Mr.  Chapman  called  the  attention  of  the  Convention 
to  a  certain  error  in  the  stenographic  report  of  the  pro- 
ceedings of  yesterday. 

The  report  was  ordered  corrected. 


Constitutional  Convention. 


805 


reconsideration. 

Mr.  Jones^  of  Montgomery,  moved  to  reconsider  the 
vote  by  which  Section  5  of  the  article  reported  by  the 
Committee  on  Legislative  Department  was  adopted  on 
yesterday. 

Mr.  Rogers,  of  Sumter,  moved  to  table  the  motion  of 
Mr.  Jones,  of  Montgomery,  to  reconsider. 
Yeas,  67;  nays,  55. 


YEAS. 


Messrs.  President, 
Barefield, 
Bethune, 
Blackwell, 
Boone, 
BroAvne, 
Burnett, 
Case, 
Chapman, 
Coleman  (Greene), 
Craig, 

Davis  (DeKalb), 
Eley, 
Espy, 
Ferguson, 
Fitfs, 
Fletcher, 
Gilmore, 
Glover, 

Graham  (Talladega), 
Greer  (Calhoun), 
Hodges, 
Howze, 
Inge, 

Jones  (Hale), 
Jones  (Wilcox), 
Kirk, 
Kirkland, 
Lock!  in, 


Macdonald, 

McMillan  (Baldwin) 

McMillan  (Wilcox), 

Malone, 

Maxwell, 

Miller  (Marengo), 

Miller  (Wilcox), 

^lurphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Rear, 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Reynolds  ( Chilton  )y 

Reynolds  (Henry), 

Rogers  (Sumter), 

Sanders, 

Searcy, 

Sentell, 

Sloan, 

Smith,  Mac.  A., 

Smith,  Morgan  M.. 

Sorrell, 

Spragins, 


806 


Journal  of  Alabama 


Stewart, 

Studdard, 

Tayloe, 

Vauglian, 

Waddell, 


Walker, 

Weatherly, 

Whiteside, 

Williams  (Marengo) — 67 


NAYS. 


Messrs.  Banks, 

Bartlett, 

Beddow, 

Brooks, 

Bulger, 

Burns, 

Byars, 

Oardon, 

Carmichael  (Colbert), 

Cobb, 

Davis  (Etowah), 

Duke, 

Poshes, 

Foster, 

Freeman, 

•Grayson, 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Hood, 

Howell, 

Jackson, 

Jones  (Bibb), 

Jones  ( Montgomery) , 

Knight, 


Leigh, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Martin, 

Moody, 

O'Near  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

Palmer, 

Parker  (Elmore), 

Proctor, 

Kobinson, 

Rogers  (Lowndes), 

Sanford, 

Selheimer, 

Smith  (Mobile), 

SoUie, 

Spears, 

Thompson,        ' 

Watts, 

Weakley, 

Willett, 

Williams  (Barbour), 

Wilson  (Clarke), 

Wiison  (Washington) 

Winn — 55. 


PAIRS   ANNOUNCED. 


The  following  pair  was  announced : 
Messrs.   Cornwell   and  White.     Mr.  Cornwell   would 
vote  aye,  and  Mr.  White  would  vote  nay. 


Constitutional  Convention.  807 

question  of  personal  privilege. 

Mr.  Beddow  arose  to  a  question  of  personal  privilege 
and  stated  his  question  of  privilege. 

REPORT   OF   STANDING   COMMITTEES. 

Mr.  Hetliu,  of  Kaudolpli,  chairman  of  the  Committee 
on  Schedule,  Printing-  and  Incidental  Expenses,  called 
Tip  for  adoption  the  report  of  said  Committee. 

The  report  was  read  at  leiigth  as  follows,  and  adopted, 
and  the  President  was  authorized  to  draw  a  warrant  on 
the  State  Auditor  for  the  several  amounts  and  in  favor 
of  the  several  firms  and  persons  mentioned  in  said  re- 
port. 

REPORT  OF  THE  COMMITTEE  ON  SCHEDULES,  I'RIXTING 
AND  INCIDENTAL  EXPENSES. 

Mr.  President : 

The  Committee  on  Schedule,  Printing  and  Incidental 
Expenses  have  instructed  me  to  make  the  following  par- 
tial report,  viz. : 

The  committee  has  audited  the  accounts  hereto  at- 
tached, and  find  that  the  State  of  Alahama  is  indebted 
to  the  Brown  Printing  Co.,  of  ^lontgomerv,  Ala.,  in  the 
sum,  of  1176.90  for  printing; 

We  find  that  the  said  ' State  is  indebted  to  J.  W. 
Terry,  of  Montgomery,  Ala.,  for  the  use  of  a  typewriter 
from  Mav  24tli  to  June  24th,  in  the  sum  of  |5. 

We  find  that  the  said  State  is  indebted  to  Ed  C.  Fow- 
ler Co.,  of  ^Montgomery,  Ala.,  in  the  sum  of  |8.60. 

We  find  that  tlie  said  State  is  indebted  to  J.  W.  Terry 
of  ]Montgomerv,  Ala.,  in  the  sum  of  |16  for  services  ren- 
dered Rules  Committee  up  to  May  27th,  1901. 

We  find  timt  said  State  is  indebted  to  W.  W.  Hay- 
good  of  Montgomery,  Ala.,  in  the  sum  of  |1.25. 

We  find  that  said  State  is  indebted  to  Miss  Eunice 
Tiichards  for  tvpewriting  done  for  the  Committee  on 
Preamble  and  Declaration  of  Rights  in  the  sum  of  f  7.50. 


808  Journal  of  Alabama 

We  find  that  said  State  is  indebted  to  Marsliall  & 
Bruce  Co.,  of  Nashville,  Tenn.,  in  the  sum  of  |4:8.25. 

We  find  that  the  said  State  is  indebted  to  Ed  C.  Fow- 
ler Co.,  of  Montgomery,  Ala.,  in  the  sum  of  f4,.T5. 

We  find  that  the  said  State  is  indebted  to  Jos.  E. 
Lougstreet  in  the  sum  of  |8  for  services  rendered  to  the 
Committee  on  Suffrage  and  Elections,  in  making  54 
copies  of  the  report  of  said  coinmittee. 

We  find  that  said  State  is  indebted  to  Mis&  Georgia 
Connelly  in  the  sum  of  |(3  for  stenographic  work  done 
for  Committee  on  Suffrage  and  Elections. 

All  of  the  above  amounts  are  for  printing  done,  for 
articles  furnished  State  of  Alabama  for  use  of  Consti- 
tutional Couvention,  and  for  services  rendered  to  com- 
mittees of  said  Convention,  and  all  of  the  above  amounts 
are  itemized  as  shown  by  bills  hereto  attached.  Total 
amount  |2S2.25,  and  we  recommend  the  payment  of  the 
same.     All  of  which  is  respectfuly  submitted. 

John  T.  Heflin,  Chairman 
Committee  on   Schedule,   Printing  and   Incidental   Ex- 
penses. 

Mr.  Smith,  of  Mobile,  chairman  of  the  Committee  on 
Judicary,  submitted  the  following  report,  together  with 
the  minority  reports,  which  were  read  at  length,  laid  on 
the  tal)le  and  300  copies  ordered  printed : 

REPORT  OF  THE  COMMITTEE  OX  .JUDICIARY. 

The  Committee  on  Judiciary  has  carefully  considered 
and  discussed  all  of  the  provisions  of  Article  6  of  the 
Constitution  of  1875,  relating  to  the  Judicial  Depart- 
ment of  the  State,  together  with  the  several  ordinances 
relating  to  that  department,  and  instructs  me  to  report 
to  the  Convention,  and  recommend  the  adopion  of,  the 
subjoined  article. 

No  radical  departure  has  been  made  from  the  judicial 
system  of  the  State  as  established  bv  the  Constitution  of 
1875.  but  the  article  has  been  so  written  as  to  give  more 
elasticity  to  the  judicial  system  of  tiie  State,  so  as  to  en- 
able the  Legislature  to  extend  or  modify  the  system, 
from  time  to  time,  as  mav  be  necessary  to  moet  Ihe  nefMls 


Constitutional   Convention.  809' 

of  the  State  as  its  wealth  and  population  increase,  anJ 
to  make  a  more  economic  and  s^'stematic  arrangement 
of  the  system. 

The  article  reported  does  not  change  the  jurisdiction, 
of  the  Supreme  Court,  nor  create  any  other  court  of 
final  resort,  but  makes  it  possible  for  the  Legislature  tO' 
create  an  inferior  appellate  court,  to  relieve  the  Supreme 
Court  of  any  excess  of  labor  that  may  be  placed  upon  it,, 
should  the  increasing  litigation  of  the  State  hereafter 
require  it. 

The  common  law  and  chancery  jurisdictions  as  separ- 
ate and  distinct  systems  are  retained,  and  no  change 
whatever  is  made  in  the  practice  under  these  separate 
and  distinct  s^'stems;  but  the  Legislature  is  authorized 
to  confer  both  jurisdictions  upon  the  Circuit  or  Chan- 
cery Courts  or  upon  such  inferiur  courts  as  the  Legis- 
lature may  from  time  to  time  create,  so  as  to  enable  the- 
Legislature,  if  it  shall  become  necessary  for  the  convenr 
ience  of  business,  to  provide  for  the  holding  of  courts 
more  frequently  in  the  various  counties  of  the  State, 
with  but  little,  if  any,  additional  expense  to  the  State. 

With  the  same  view,  the  limitations  upon  the  number 
of  the  circuit  and  chancery  divisions  into  which  the 
State  is  divided  have  been  removed,  and,  in  lieu  thereof, 
it  has  been  provided  that  no  circuit  or  chancery  division- 
shall  contain  less  than  three  counties,  unless  there  be 
embraced  tlierein  a  county  having  a  population  exceed- 
ing 20,000  and  taxable  property  exceeding  |3,500,000 
in  value,  and  that  such  counties  need  not  be  included 
in  any  circuit  or  chancery  division  unless  the  value  of 
its  taxable  property  or  its  population  shall  be  reduced 
below  such  limits.  In  the  opinion  of  tlie  committee  it  is 
probable  that  many  of  such  counties  will  be  able  to 
maintain  inferior  courts  with  common  law  and  equity 
jurisdiction,  and  the  purpose  of  the  committee  is  to  en- 
able the  Legislature  to  give  to  such  counties  separate- 
courts  to  attend  to  their  business,  when  the  litigation 
of  such  counties  will  justify  it,  and  make  such  inferior 
courts  take  the  place  of  both  the  Circuit  and  Chancery 
Courts  in  the  counties  in  which  theA'  shall  be  established!. 


■810  Journal  of  Alabama 

The  system  of  Probate  Courts  and  their  jurisdiction 
is  left  wholh'  uuchanged;  but  it  is  provided  that  when- 
ever any  court  having  equity  jiowers  has  taken  juris- 
diction of  the  settlement  of  any  estate,  such  court  shall 
have  the  power  to  do  all  things  necessary  for  the  set- 
tlement of  such  estate,  including  the  appointment  and 
removal  of  administrators,  executors,  guardians  and 
trustees,  and  includng  action  uix)n  the  resignation  of 
either  of  them. 

The  article  reported  makes  no  change  in  the  office  or 
jurisdiction  of  Justices  of  the  Peace,  but  provides  that 
the  Legislature  may  create  inferior  courts,  with  the 
jurisdiction  (vf  a  Justice  of  the  Peace,  for  any  precinct 
or  precincts  lying  within  any  incorporated  town  or  city 
having  a  population  of  more  than  2,500  inhabitants,  to 
supersede  and  take  the  place  of  all  Justices  of  the  Peace 
in  such  precincts,  whenever  such  courts  may  be  deemed 
by  the  General  Assembly  to  be  Avise,  and  further  pro- 
vides that  the  (xovernor,  except  where  otherwise  pro- 
vided by  the  General  Assembly,  shall  have  power  to  ap- 
point one  Notary  Public  with  the  Jurisdiction  of  a  Jus- 
tice of  the  Peace  in  each  precinct  in  which  the  election 
of  Justices  of  the  Peace  shall  be  authorized. 

The  article  as  rewritten  makes  no  change  in  the  terms 
of  office  of  Chancellors,  Circuit  Judges  and  Judges  of 
Probate,  but  provides  that  in  case  of  a  vacancy  in  the 
office,  the  Governor  shall  fill  such  vacancy  by  appoint- 
ment, and  that  such  appointees  shall  hold  office  until 
the  next  general  election  held  at  least  six  months  after 
the  vacancy  occurs,  and  until  a  successor  is  elected  and 
qualified,  and,  further,  that  whenever  any  new  circuit 
or  chancery  division  is  created,  the  judge  or  chancellor 
thereof  shall  be  elected  at  the  next  election  for  Repre- 
t?entatives  to  the  General  Assembly,  for  a  term  to  ex- 
pire at  the  next  general  election  for  Judges  and  Chan- 
cellors; provided,  that  if  such  new  circuit  or  chancery 
division  is  created  more  than  six  months  before  tlie  next 
election  of  Kepresentatives  to  the  General  Assembly, 
the  Governor  sliall  appoint  some  one  as  Judge  or  Chan- 
cellor, as  the  case  may  be,  to  hold  office  until  such  elec- 
tion. 


OUXSTITUTIUNAL   CUNVEXTIU-N.  811 

Tlie  article,  as  reported,  allows  the  Geueral  Assembh' 
to  provide  the  method  of  election  or  appoiutmeiit  of  the 
Jiidj^es  of  such  inferior  courts  as  may  be  created. 

The  article  reported  provides  for  the  election  of  Chief 
Justices  ami  Associate  Justices  of  the  Supreme  Court 
at  the  time  and  place  fixed  by  law  for  the  election  of 
members  of  the  House  of  Representatives  of  the  Con- 
gress of  the  United  States  until  the  General  Assembly 
shall,  by  law,  change  the  time  for  holding  such  election; 
it  provides  that  the  term  of  the  Chief  Justice  who  shall 
be  elected  in  1904:,  shall  be  six  years,  and  that  two  of  the 
Associate  Justices  to  be  elected  in  1904  shall  hold  office 
until  1906,  and  that  the  remaining  two  Associate  Jus- 
tices elected  in  1901  shall  hold  office  until  1908,  and  that 
the  Associate  Justices  elected  in  1901  shall  draw  or 
cast  lots  among  themselves  to  determine  which  of  them 
shall  hold  office  for  the  terms  ending,  respectively  in 
1906  and  1908,  and  that  the  successorsOf  the  Chief  Jus- 
tice and  Associate  Justices  elected  in  1901,  and  all  Chief 
Justices  and  Associate  Justices  thereafter  elected  shall 
hold  office  for  a  term  of  six  years,  and  that  in  the  event 
of  an  increase  or  reduction  in  the  number  of  Associate 
Justices  of  the  Supreme  Court  the  General  Assembly 
shall  provide,  as  nearly  as  may  be,  for  the  election  each 
second  year  of  one-third  of  the  number  of  such  Justices. 

Kolicitffrs  are  made  elective  by  the  people  of  the  sev- 
eral territorial  subdivisions  of  the  State  in  which  they 
are  to  serve. 

In  all  other  nuiterial  respects  the  ])rovisious  of  the 
Constitution  of  1875  remain  unchanged. 

A  uuijority  of  the  committee  have  voted  in  favor  of 
each  section  of  the  article  as  reported;  but  several  mem- 
bers of  the  cimimittee  did  not  give  their  assent  to  cer- 
tain of  such  sections,  nor  do  they  hold  themselves  bound 
to  suDport,  in  the  Convention,  each  of  the  sections  that 
have  been  reported  by  the  committee;  several  of  them 
have  prepared  minoritv  reports  a])plying  to  one  or  more 
of  the  sections  reijoTtcd  bv  the  committee,  which  are 
herev.ith  presented  to  the  Convention. 

Gregory  L.  Smith, 
Chairman  of  Judiciarv  Committee. 


812  Journal  of  Alabama 

minority  reports. 

Mr.  President : 

The  imdersigned  members  of  the  Committee  on  the 
Judiciary  do  not  concur  in  the  majority  report  so  far 
as  it  refers  to  Sections  25  and  27  of  the  article  reported, 
and  the}'  recommend  the  adoption  of  the  following  sec- 
tions in  lieu  of  said  Sections  25  and  27  respectively : 

Sec.  25.  The  clerk  of  the  Supreme  Court  shall  be 
elected  by  the  qualified  electors  of  the  State  for  a  term, 
of  six  years.  Any  vacancy  in  the  office  of  such  clerk 
shall  be  filled  by  appointment  by  the  Justices  of  the 
Supreme  Court  for  the  unexpired  term.  Said  clerk  shall 
not,  after  the  expiration  of  the  term  of  the  clerk  now  in 
office,  receive  to  his  use  any  fees,  costs,  perquisites  of 
office,  or  compensation  other  than  a  salary  to  be  pre- 
scribed by  law,  which  shall  not  be  diminished  during 
his  official  term. 

Sec,  27.  Kegisters  in  Chancery  may  be  removed  from 
office  by  the  Chancellors,  resi)ectively,  for  cause,  to  be 
entered  at  length  upon  the  minutes  of  the  Court. 

Respectfully  submitted, 

R.  W.  Walker, 
O.  R.  Hood, 

J.   M.   JONES^ 

W.  H.  Tayloe. 
John  A.  Davis, 
William  C.  Fitts. 
John  T.  Ashcraft. 
NoRViLLE  R.  Leigh.  Jr.,. 
E.  W.  Coleman. 
J.  T.  Kirk. 

minority  report. 

The  undersigned  member  of  the  committee  differs 
from  the  majority  as  to  Section  29  of  said  report,  and 
Avouhl  suagest  the  following  change  in  the  last  para- 
graph of  tlie  section : 

Strike  out  the  word  "except"  and  strike  out  the  word 
"otherwise"  in  the  last  paragraph  of  Section  29. 

J.  ]McLean  Jones. 


COXSTITUTIOXAL  Cuxvkxtkjx.  813 

3Ir.  President: 

The  un(lersi<;iied  member  of  the  Committee  ou  Judi- 
ciary does  not  concur  iu  the  report  of  the  majority  of 
the  committee  iu  recommending  the  adoption  of  Sections 
2  and  9  of  said  report. 

I  object  to  tlie  adoption  of  Section  2  of  said  report 
for  tlie  reason  it  empowers  the  General  Assembl}-  to 
create  an  intermediate  Court  of  Appeal,  which,  in  my 
judgment,  is  unwise.  The  object  of  the  majority  of  the 
committee  is  to  furnish  relief  to  the  Supreme  Court. 
The  relief  needed  can  be  furnished  when  necessary  by 
Increasing  the  number  of  Associate  Justices.  I  object 
to  the  creation  of  said  court  for  the  further  reason  there 
will  be  irreconcilable  conflict  in  the  decision  of  this 
and  the  Supreme  Court,  which  would  render  the  law 
uncertain  on  many  questions  to  the  great  annoyance  of 
the  people.  The  expense  of  sustaining  this  court  will, 
in  my  judgment,  cost  the  State  about  |]  5,000  per  an- 
num. The  addition  of  two  Associate  Justices  to  the 
Supreme  Court  will  not  cost  more  than  half  of  that 
amount.  I  therefore  offer  as  a  substitute  for  Section  2 
the  following: 

Sec.  2.  Except  in  cases  otherwise  directed  in  this 
Constitution,  the  Supreme  Court  shall  have  appellate 
jurisdiction  only,  which  shall  be  coextensive  with  the 
State,  under  such  restrictions  and  regulations  not  re- 
pugnant to  this  Constitution  as  may  from  time  to  time 
be  prescribed  by  law;  provided,  the  Supreme  Court 
shall  have  power  to  issue  writs  of  injunction,  habeas 
corpus,  quo  warranto,  and  such  other  remedial  and  ori- 
ginal Avrits  as  may  be  necessary  to  give  it  a  general 
superintendence  and  control  of  inferior  jurisdiction. 

I  object  to  the  adoption  of  Section  9  as  reported  by 
the  committee : 

First,  this  section  provides  for  the  establishment  of 
too  many  Circuit  Courts  and  Courts  with  Circuit  and 
Chancery  jurisdiction.  Under  the  report  of  the  com- 
mittee, the  General  Assembly  is  authorized  to  establish 
at  the  cost  of  the  State  a  court  in  nineteen  counties  with 
'Circuit  and  Chancery  Court  jurisdiction,  which  with  the 


814  JuuKXAL  OF  Alabama 

thirteen  Circuit  Courts  aud  live  Cliaueer}*  Courts,  as 
now  exist,  will  make  tliirty-seven  courts  to  do  the  work 
that  is  now  beinjj;  done  l)y  thirteen  Circuit  Judges  and 
five  Chancellors.  1  further  object  to  Section  9  as  re- 
ported by  the  conimittee  for  the  reason  it  authorizes  the 
General  Assembly  to  abolish  the  Court  of  Chancery. 
The  system  of  separate  Chancer^'  Courts  has  been  too 
long  a  part  of  the  judicial  system  of  this  State  to  be  now 
abolished.  I  therefore  otter  as  a  substitute  for  Section 
9,  as  reported  by  the  committee,  the  following : 

Sec.  9.  Any  ctmnty  having  a  population  excee<ling 
30,000,  according  to  the  next  preceding  Ftaleral  census, 
and  also  taxable  propert}-  exceeding  |!T,000,000  in  value, 
according  to  the  next  preceding  assessment  of  property 
for  State  and  count}'^  taxation,  need  not  be  included  iu 
an}^  Circuit  or  Chancery  division,  but  if  the  value  of 
the  taxable  property  shall  be  reduced  below  that  linut, 
or  its  population  shall  be  reduced  below  that  number  in 
either  of  which  events  the  (xeueral  Assembly  shall  in- 
clude such  county  in  a  Circuit  or  ('himcery  division  or 
either,  embracing  more  than  one  county.  No  Circuit  or 
Chancery  division  shall  contniu  less  than  three  counties, 
unless  there  be  embraced  therein  a  county  having  a 
population  exceeding  30,000,  and  the  taxal)le  property 
exceeding  .$7,000,000.  The  counties  of  this  State  not 
having  a  population  of  30,000  and  taxatble  property  of 
.'1^7.000,00^  or  more,  shall  be  divide<l  into  convenient  cir- 
cuits by  the  (Jeneral  Assembly  at  its  first  session  after 
the  adoption  of  this  Constitution,  and  when  so  divided, 
the  number  of  circuits  shall  not  be  increased  except 
by  a  A'ote  of  two-thirds  of  the  Ceneral  Assenddy. 

J.  T.  Kirk. 

Mr.  President : 

We,  the  undersigned  mend)ers  of  the  Judiciary  Com- 
FiUtt'^e,  believing  that  biennial  elect-oiis  should  be  dis- 
pensed with,  and  that  only  one  election  in  every  four 
years  should  he  held  for  the  selection  of  State  and 
countv  (;fificers.  do  not  concur  in  the  report  of  the  com- 
mittee as  to  Sections  10,  17  and  20. 

Therefore  we  move  as  a  substitute  for  Section  10  the 
following: 


Constitutional  Convention.  8-15- 

Sec.  16.  Except  as  otherwise  provided  in  this  article,. 
the  Chief  Justice  and  Associate  Justices  of  the  Supreme 
Court  shall  hold  office  for  the  term  of  eight  years,  and 
until  their  successors  are  elected  and  qualified.  (Jlircuit 
Judges,  Chancellors  and  Judges  of  Probate  shall  hold 
office  for  a  term  of  four  years,  except  as  otherwise  ijro- 
vided  in  this  article,  and  until  their  successors  are 
elected  or  appointed  and  (lualified;  provided,  that  this 
section  shall  not  operate  to  abridge  the  term  of  any 
Justice  of  the  Supreme  Court,  Judge,  Chancellor  or 
Judges  of  Probate  now  in  office;  and  provided  further, 
that  the  Justices  of  the  Supreme  Court,  Judges,  Chan- 
cellors and  Judges  of  Probate,  elected  in  IDIU,  shall 
hold  office  for  the  term  of  six  years,  and  until  their  suc- 
cessors are  elected  and  qualified. 

We  move  as  a  substitute  for  Section  17  the  following: 

Sec.  17.  The  Chief  Justice  and  Associate  Justices  of 
the  Supreme  Court  shall  be  chosen  at  an  election  held 
for  the  election  of  members  of  the  Legislature  in  tha 
vear  1910.  The  term  of  the  office  of  the  Chief  Justice 
who  shall  be  elected  in  1910,  shall  be  as  prescribed  in 
the  preceding  section.  As  nearly  as  possihle,  one-half 
of  the  Associate  Justices  elected  in  1910  shall  hold  office 
for  the  term  of  four  years  and  until  their  successors  are 
elected  and  qualified ;  and  the  reuminder  of  the  term 
of  eight  years,  and  until  their  successors  are  elected  and 
qualified.  The  Associate  Justices  elected  in  1910  shall 
deterniine  by  lot  among  themselves,  whicli  of  them 
shall  hold  office  for  the  term  ending  in  1911  and  1918 
respectively;  the  result  when  so  determined  to  be  certi- 
fied to  the  (xovernor  by  such  Associate  Justices  or  a  nui- 
jority  of  them,  and  also  to  be  entered  upon  the  minutes 
of  the  Court.  In  the  event  of  the  failure  of  such  Asso- 
ciate Justices  to  make  and  certify  such  determination, 
the  Governor  shall  designate  the  term  for  which  they 
shall  hold  office  respectively,  as  above  provided,  and 
shall  issue  his  ])roclanuition  accordingly. 

We  move  to  amend  as  a  substitute  for  Section  26  the 
following : 

Sec.  26.  A  clerk  of  the  Circuit  Court  shall  be  elected 
by  the  qualified  electors  in  each  county  for  the  term  of 


'816  Journal  of  Alabama 

four  years,  and  maTj  when  appointed  by  the  Chancellor, 
also  hold  the  office  of  Register  in  Chancery.  Vacancies 
in  such  office  of  clerk  shall  be  filled  by  appointment  by 
the  Grovernor.  But  nothing  in  this  section  shall  operate 
to  abridge  the  term  of  any  cleric  now  in  office ;  and  clerks 
elected  in  the  year  1904  shall  hold  office  for  the  term  of 
six  years,  and  until  their  successors  are  elected  and 
qualified. 

C.  C.  XeSmith. 
Wm.  C.  Fitts, 
J.  B.  Duke. 

Mr.  President: 

The  undersigned,  a  minority  of  the  Judiciary  Com- 
mittee, do  not  concur  in  the  report  of  the  committee 
as  to  the  manner  of  electing  Solicitors  by  a  vote  of  the 
people.  For  reasons  that  will  be  made  manifest  in  argu- 
ment on  the  floor  of  the  Convention,  we,  the  minority  of 
said  committee,  submit  the  following  ordinance  in  lieu 
of  the  report  of  the  committee : 

Be  it  ordained,  etc. : 

Sec.  28.  A  Solicitor  for  each  Judicial  Circuit  or  other 
territorial  subdivision  prescribed  by  the  Legislature 
shall  be  elected  by  joint  ballot  of  the  Legislature,  who 
shall,  at  the  time  of  his  election,  and  during  his  con- 
tinuance in  office,  reside  in  the  circuit  or  other  territorial 
subdivision,  for  which  he  is  elected,  and  whose  term  of 
office  shall  be  for  four  years;  and  who  shall  be  paid  a 
salary  to  be  fixed  by  law,  and  which  shall  not  be  in- 
creased or  diminished  during  the  term  for  which  he  is 
elected;  provided;  that  nothing  in  this  article  shall  ope- 
rate to  abridge  the  term  or  emoluments  of  any  Solicitor 
now  in  office. 


Respectfully  submitted. 


Robert  J.  Lowe, 
J.  B.  Duke, 
John  T.  Heflix, 
ATM.  H.  Samford, 
Edward  A.  Graham, 
J.  T.  Kirk. 
Chas.  W.  Ferguson. 


Constitutional  Convention.  817 

Minority  report  by  Watts  and  otliers  as  to  Sections  IG 
and  17  of  tlie  report  of  tlie  Committee  on  Jndiciary. 
Mr.  F reside nt: 

The  undersigned,  a  minority  of  tlie  Committee  on 
Jndiciary,  respectfully  ditter  with  the  majoritj  of  the 
connnittee  as  to  Sections  16  and  17  of  the  report  of  said 
committee. 

The  policy  of  this  Convention  seems  to  be  that  elec- 
tions in  this  State  shall  occur  every  four  years.  This 
is  indicated  by  the  adoption  of  the  report  of  the  Com- 
mitte  on  Executive  Department,  fixing  the  term  of  all 
State  officers  at  four  3'ears,  and  also  by  the  report  of 
the  Committee  on  Legislation.  If  the  terms  of  the 
Judges  of  the  several  courts  shall  be  fixed  at  six  years, 
this  will  necessitate  occasionally  an  election  for  Judges 
Avhen  no  other  officers  are  to  be  elected.  The  snl)stitute 
proposed  by  the  undersigned  will  obviate  this  and  bring 
the  election  of  Judges  at  the  time  when  other  officers 
will  be  elected.  Our  substitute  proposes  that  all  the 
Judges  of  Probate  Courts,  Judges  of  Circuit  Courts, 
Chancellors,  and  Justices  of  the  Supreme  Court  shall 
be  elected  in  the  year  1904  for  a  term  of  six  years,  and 
that  thereafter  the  terms  of  Judges  of  the  Probate 
Court  shall  be  for  four  years,  and  the  terms  of  Justices 
of  the  Supreme  Court,  Judges  of  the  Circuit  Courts  and 
Chancellors  shall  be  eight  years.  Our  proposition  also 
is  that  not  more  than  one-half  of  the  Justices  of  the 
Supreme  Court  shall  be  elected  at  one  time.  We  think 
this  last  proposition  will  tend  to  increase  the  efficiency 
of  said  court.  If  our  substitutes  are  adopted,  there  will 
be  UQ  necessity  for  an  election  for  Judges  and  Chancel- 
lors at  any  other  time  than  that  fixed  for  the  election  of 
other  officers.  The  term  of  Judges  of  the  Probate  Courts 
is  reduced  after  1910  to  four  years,  and  the  terms  of  the 
other  Judges  and  Chancellors  increase  to  eight  years 
after  1910.  We  do  not  deem  it  to  the  interest  of  the 
State  that  the  term  of  Judges  of  the  Circuit  Court  and 
Chancellors  shall  be  reduced  to  four  years,  and  as  it 
seems  impracticable  to  let  said  terms  remain  at  six 
years,  we  deem  it  the  better  policy  to  fix  the  terms  of 

52 


818  Journal  of  Alabama 

those  Judges  and  Chancellors  at  eight  years.  We  be- 
lieve that  a  better  Judge  can  be  found  for  an  eight-year 
than  a  four-year  term. 

We  therefore  beg  leave  to  submit  herewith  a  substi- 
tute for  each  of  said  Sections  16  and  17.  The  substi- 
tute for  Section  16  is  as  follows : 

Sec.  16.  In  the  year  1904  Judges  of  Probate  Courts, 
Judges  of  the  Circuit  Courts,  and  Chancellors,  shall  be 
elected  by  the  qualified  electors  of  the  respective  coun- 
ties, circuits  and  chancery  divisions  for  a  term  of  six 
years,  and  until  their  successors  are  elected  and  quali- 
fied. In  the  year  1910,  and  every  four  years  thereafter,. 
Judges  of  the  Probate  Court  shall  be  elected  by  the 
qualified  electors  of  the  respective  counties  for  a  term 
of  four  years,  and  until  their  successors  are  elected  and 
qualified.  In  the  year  1910,  and  every  eight  years  there- 
after. Judges  of  the  Circuit  Courts  and  Chancellors  shall 
be  elected  by  the  qualified  electors  of  the  respective  cir- 
cuits and  chancery  divisions  for  a  term  of  eight  years, 
and  until  their  successors  are  elected  and  qualified. 
The  right  of  such  Judges  and  Chancellors  to  hold  their 
offices  for  the  full  term  hereby  prescribed  shall  not  be 
affected  by  any  change  hereafter  made  by  law  in  any 
circuit,  division,  or  county  in  the  mode  or  time  of  elec- 
tion. 

The  substitute  for  Section  IT  is  as  follows : 

Sec.  17  In  the  year  1904  the  Chief  Justice  and  Asso- 
ciate Justices  of  the  Supreme  Court  shall  be  elected  by 
the  (|ualified  electors  of  the  State  for  a  term  of  six 
years  and  until  tlieir  successors  are  elected  and  qualified. 
In  the  year  1910,  and  every  eight  years  thereafter,  the 
Chief  Justice  shall  be  elected  by  the  qualified  electors 
O'f  the  State  for  a  term  of  eight  years,  and  until  his  suc- 
cessor is  elected  and  qualified.  Two  of  the  Associate 
Justices  elected  in  1910  sliall  hold  their  offices  for  the 
term  of  four  years,  and  two  for  the  term  of  eii>ht  years, 
and  until  their  successors  are  elected  nnd  <]ualified,  and 
in  the  year  1914,  and  every  four  years  thereafter,  two  of 
such  Associate  Justices  shall  be  elected  by  the  qualified 
electors  of  the  State  for  a  term  of  eight  years  and  until 
tlieir  successors  are  elected  and  qualified.     The  Asso- 


Constitutional  Convention.  819 

ciate  Justices  of  said  court  elected  in  the  year  11)10  shall 
draw  or  cast  lot  among  themselves  to  determine  which 
of  them  shall  hold  office  for  the  terms  ending  respectively 
in  the  years  1914  and  1918,  and  until  their  successors 
are  elected  and  qualified,  the  result  of  said  determina- 
tion to  be  certified  to  the  Oovernor  by  such  Associate 
Justices  or  a  majority  of  them,  prior  to  the  first  day  of 
Januarj^,  1911,  and  also  to  be  entered  upon  the  minutes 
of  the  court.  In  the  event  of  the  failure  of  said  Asso- 
ciate Justices  to  make  and  certify  such  determination, 
the  Governor  shall  designate  which  of  said  Associate 
Justices  shall  go  out  of  office  in  1914  and  1918  respect- 
ively, and  issue  his  proclamation  accordingly.  In  the 
event  of  the  increase  or  reduction  by  law  of  the  number 
of  Associate  Justices  of  the  Supreme  Court,  the  Gen- 
eral Assembly  shall,  as  nearly  as  may  be,  provide  for  the 
election  every  four  years  of  one-half  of  the  whole  num- 
ber of.  Justices,  including  the  Chief  Justice  of  said 
court,  for  a  term  of  eight  years. 
Iiespectfully  submitted, 

Thos.  H.  Watts, 

NORVILLE   R.   LeIGH^  JK. 

J.  McLean  Jones, 
Wm.  H.  Samford. 
H.  Pillans. 

JUDICIAL   DEPARTMENT. 

Section  1.  The  judicial  powers  of  the  State  shall  be 
vested  in  the  Senate  sitting  as  a  court  of  impeachment, 
a  Supreme  Court,  Circuit  Courts,  Chancery  Courts, 
Courts  of  Pro^bate,  such  courts  of  law  and  equity  infer- 
ior to  the  Supreme  Court,  and  to  consist  of  not  more 
than  five  members,  as  the  General  Assembly  from  time 
to  time  may  establish,  and  such  persons  as  may  be  by  law 
invested  with  powers  of  a  judicial  nature;  but  no  court 
of  general  jurisdiction,  at  law  or  in  equity,  or  both, 
shall  hereafter  be  established  in  and  for  any  one  county 
having  a  population  of  less  than  20,000,  or  property  as- 
sessed for  taxation  at  a  less  valuation  than  |3,500,000. 


820  Journal  of  Alabama 

Sec.  2.  Except  in  cases  otherwise  directed  iu  this 
Constitution,  tlie  t^upreme  Court  shall  have  appellate 
jurisdiction  only,  which  shall  be  coextensive  with  the 
State,  under  such  restrictions  and  regulations,  not  re- 
pugnant to  this  Constitution,  as  may  from  time  to  time 
be  prescribed  by  law,  except  where  jurisdiction  over  ap- 
peals is  vested  in  some  inferior  court,  and  made  final 
therein ;  provided,  that  the  Supreme  Court  shall  have 
power  to  issue  writs  of  injunction,  habeas  corpus,  (juo 
Avarranto,  and  such  other  remedial  and  original  writs  as 
may  be  necessar}-  to  give  it  a  general  superintendence 
and  control  of  inferior  jurisdictions. 

Sec.  3.  The  Supreme  Court  shall  be  held  at  the  seat 
of  government,  but  if  that  shall  become  dangerous  from 
any  cause,  it  may  adjourn  to  another  place. 

Sec.  4.  Except  as  otherwise  authorized  iu  this  arti- 
cle, the  State  shall  be  divided  into  convenient  circuits. 
For  each  circuit  there  shall  be  chosen  a  judge,  who 
shall,  for  one  year  next  preceding  his  election  and  dur- 
ing his  continuance  in  office,  reside  iu  the  circuit  for 
which  he  is  elected. 

Sec.  5.  The  Circuit  Court  shall  have  original  juris- 
diction in  all  matters  civil  and  criminal  within  the 
State  not  otherwise  excepted  in  this  Constitution;  l)ut 
in  civil  cases,  other  than  suits  for  libel,  slander,  assault 
and  battery,  and  ejectment,  it  shall  have  jurisdiction 
only  where  the  matter  or  sum  in  controversy  exceeds 
fifty  dollars. 

Sec.  6.  A  Circuit  Court,  or  a  court  having  the  juris- 
diction of  the  Circuit  Court,  shall  be  held  in  each  county 
in  the  State  at  least  twice  in  every  year,  and  judges  of 
the  several  courts  mentioned  in  this  section  may  hold 
court  for  each  other  when  they  deem  it  expedient,  and 
shall  do  so  when  directed  by  law.  The  judges  of  the  sev- 
eral courts  mentioned  in  this  section  shall  have  power  to 
issue  writs  of  injunction,  returnable  in  the  Courts  of 
Chancery,  or  courts  having  the  jurisdiction  of  Courts 
of  Chancery. 

Sec.  7.  The  General  Assemldy  shall  have  power  to 
establish  a  Court  or  Courts  of  Chancery,  with  original 
and  appellate  jurisdiction,  except  as  otherwise  author- 


Constitutional  Coxvkxtiox.  821 

ized  iu  this  article.  The  State  shall  be  divided  by  the 
General  Asseiuhly  into  convenient  Chancery  districts; 
eacli  division  shall  be  divided  into  districts,  and  for  each 
division  there  shall  be  a  chancellor,  who  shall  have  re- 
sided for  one  year  next  preceding;  his  election  or  ap- 
pointment, and  durin.i>'  his  continnance  iu  office  in  the 
division  for  which  he  shall  be  elected  or  appointed. 

Sec.  8.  A  Chancery  Court,  or  a  court  haviui;-  the  juris- 
diction of  the  Chancery  Court,  shall  l)e  held  in  eaih  dis- 
trict, at  a  place  to  be  fixed  by  law,  at  least  twice  in  each 
year,  and  the  chancellors  may  hold  court  for  each  otlier 
when  they  deem  it  necessary. 

Sec.  9.  Any  county  haviuiJ!,  a  population  exceeding 
20,000,  according  to  the  next  preceding  Federal  census, 
and  also  taxable  property  exceeding  |3,500,000  in  value, 
according  to  the  next  preceding  assessment  of  property 
for  State  and  county  taxation,  need  not  be  included  in 
any  circuit  or  chancery  division ;  but  if  the  value  of  its 
taxable  property  shall  be  reduced  below  that  limit,  or 
if  its  population  slmll  be  reduced  below  that  number, 
the  (leneral  Assembly  shall  include  such  county  in  a 
circuit  and  chancery  division  or  either,  embracing  more 
than  one  count}^ 

No  circuit  or  chancery  division  shall  contain  less  than 
three  counties,  unless  there  be  end)raced  therein  a  county 
having  a  population  exceeding  20,000,  and  taxable  prop- 
erty exceeding  13,500,000.  The  General  Assembly  may 
confer  upon  tlie  Circuit  Court  or  the  Chancery  Court 
the  jurisdiction  of  both  of  said  courts.  In  counties  hav- 
ing two  or  more  courts  of  record,  the  General  Assembly 
may  provide  for  the  consolidation  of  all  or  any  of  such 
courts  of  record,  except  the  Probate  Court,  with  or 
without  separate  divisions,  and  an  a])])ropriate  number 
of  Judires  for  the  transaction  of  the  business  of  such 
consolidated  court. 

Sec.  10.  The  General  Assembly  shall  have  ])ower  to 
establish  in  each  county  within  the  State  a  court  of  Pro- 
bate, with  general  juris<liction  to  grant  letters  testa- 
mentary and  of  administration,  and  of  orphans'  busi- 
ness; provided,  that  whenever  any  court  having  equity 
powers  has  taken  jurisdiction  of  the  settlement  of  any 


822  Journal  of  Alarama 

estate,  it  sliall  liave  power  to  do  all  things  necessary  for 
the  settlement  of  such  estate,  including  the  appointment 
and  removal  of  administrators,  executors,  guardians  and 
trustees,  and  including  action  upon  the  resignation  of 
either  of  them. 

Sec.  11.  The  Justices  of  the  Supreme  Court,  Chancel- 
lors, and  the  Judges  of  the  Circuit  Courts,  and  other 
courts  of  record,  except  Probate  Courts,  shall,  at  stated 
times,  receiye  for  their  services  a  compensation  which 
shall  not  be  diminished  during  their  official  term;  they 
shall  receive  no  fees  or  perquisites,  nor  hold  any  office 
(except  judicial  offices)  of  profit  or  trust  under  this 
State  or  the  United  States,  or  any  other  power,  during 
the  term  for  which  they  have  been  elected. 

Sec.  12 .  The  Supreme  Court  shall  consist  of  one 
Chief  Justice  and  such  number  of  Associate-Justices  as 
may  be  prescribed  by  law. 

Sec.  13.  The  Chief  Justice  and  Associate  Justices  of 
the  Supreme  Court,  Judges  of  the  Circuit  Courts,  Pro- 
bate Courts,  and  Chancellors,  shall  be  elected  by  the 
qualified  electors  of  the  State,  circuits,  counties  and 
chancery  divisions,  for  which  such  courts  may  be  estab- 
lished, at  such  times  as  may  be  prescribed  by  law,  except 
as  herein  otherwise  provided. 

Sec.  14.  The  Judges  of  such  inferior  courts  of  law 
and  equity  as  may  be  by  law  established,  shall  be  elected 
or  appointed  in  such  mode  as  the  General  Assembly 
may  prescribe. 

Sec.  15.  Chancellors  and  Judges  of  all  courts  of  rec- 
ord, shall  Imxe  l)een  citizens  of  the  United  States  and 
of  this  State  for  five  years  next  preceding  their  election 
or  appointment,  and  shall  be  not  less  than  25  years  of 
age;  and,  except  Judges  of  Probate  Courts,  shall  be 
learned  in  the  law. 

Sec.  in.  Except  as  otherwise  provided  in  this  article, 
the  Chief  Justices  of  the  Supreme  Court,  Circuit 
Judges,  Chancellors,  and  Judges  of  Probate,  shall  hold 
office  for  the  term  of  six  years,  and  until  their  successors 
are  elected  or  appointed  and  qualified;  and  the  right 
of  such  Judges  nnd  Chancellors  to  hold  their  offices  for 
the  full  term  herel)y  prescribed  shall  not  be  affected  by 


Constitutional  Convention.  823 

iiuy  cliauge  hereafter  made  by  law  in  any  circuit,  divi- 
sion or  county,  in  tlie  mode  or  time  of  election. 

Sec.  17.  The  Chief  Justice  and  Associate  Justices  of 
the  Supreme  Court  shall  be  chosen  at  an  election  held 
at  the  time  and  place  fixed  by  law  for  the  election  of 
members  of  the  House  of  Ivepresentatives  of  the  Con- 
gress of  the  United  States,  until  the  General  Assembly 
shall,  by  law,  change  the  time  of  holding  sucli  election. 
The  term  of  office  of  the  Chief  Justice,  who  shall  be 
elected  in  the  year  1904,  shall  be  as  provided  in  the  last 
preceding  section.  The  succesg'ors  of  two  of  the  Asso- 
ciate Justices  elected  in  1901  sliall  be  elected  in  the 
year  1906,  and  tlie  successors  of  the  other  two  Associate 
Justices  elected  in  1904  shall  be  elected  in  the  year  1908. 
The  Associate  Justices  of  said  court  elected  in  the  year 
1904  shall  draw  or  cast  lots  among  themselves  to  deter- 
mine which  of  them  shall  hold  office  for  the  terms  end- 
ing, respectively,  in  the  years  1906  and  1908,  and  until 
their  respective  successors  are  elected  or  appointed  and 
qualified.  The  result  of  such  determination  shall  be 
certified  to  the  Governor,  by  such  Associate  Justices, 
or  a  majority  of  them,  prior  to  the  first  day  of  January, 
1905,  and  such  certificate  shall  be  entered  upon  the  min- 
utes of  the  court.  In  the  event  of  the  failure  of  said  As- 
sociate Justices  to  make  and  certify  such  determination, 
the  Governor  shall  designate  tlie  terms  for  which  they 
shall  respectively  hold  office,  as  above  provided,  and 
shall  issue  his  proclamation  accordingly.  In  the  event 
of  an  increase  or  reductidu  by  law  of  the  number  of  As- 
sociate Justices  of  the  Supreme  Court,  the  General  As- 
sembly shall,  as  nearly  as  may  be,  provide  for  the  elec- 
tion, each  second  year,  of  one-third  of  the  members  of 
said  court. 

Sec.  18.  All  judicial  officers  witliin  their  respective 
jurisdictions  shall,  by  virtue  of  their  offices,  be  conser- 
vators of  tlie  peace. 

Sec.  19.  Vacancies  in  the  office  of  any  of  the  judges 
who  hold  office  liy  election,  or  cliancellors  of  this  State, 
shall  he  filled  by  appointment  by  the  Governor;  such 
appointee  shall  hold  his  office  until  the  next  general 
election  held  at  least  six  months  after  the  vacancv  oc- 


824  Journal  of  Alabama 

enrs,  and  until  liis  successor  is  elected  and  qualified; 
the  successor  chosen  at  such  election  shall  hold  office 
for  the  unexpired  term  and  until  his  successor  is  elected 
and  qualified. 

Sec.  20.  Whenever  any  new  circuit  or  chancery  divi- 
sion is  created  the  Jud.i'e  or  ("hancellor  therefor  shall 
be  (dected  at  the  next  election  for  Kepresentatives  to 
the  (Jeneral  Assembly  for  a  term  to  expire  at  the  next 
general  election  for  Judges  and  Chancenors ;  provided, 
that  if  said  new  circuit  or  chancery  division  is  created 
more  than  six  months  l)efore  the  next  election  of  Rep- 
resentatives to  the  (reneral  Assenil)ly,  the  Governor 
shall  appoint  some  one  as  Judge  or  Cliancellor.  as  the 
case  nuiy  be,  to  hold  the  office  until  such  election. 

Sec.  21.  If  in  any  case,  civil  or  criminal,  pending  in 
any  Circuit  C'ourt,  Chancery  Court,  or  in  any  court 
having  the  jurisdiction  of  a  Circuit  or  Chancery  Court, 
or  either  of  them,  in  this  State,  the  presiding  Judge  or 
Chancellor  shall,  for  any  legal  cause,  be  incompetent 
to  try,  hear  or  render  judgment  in  such  case,  the  parties, 
or  their  attorneys  of  record,  if  it  be  a  civil  case,  or  the 
solicitor  or  prosecuting  officer,  and  the  defendant  or  de- 
fendants, if  it  be  a  criminal  case,  may  agree  upon  some 
disinterested  person,  practicing  in  the  court  and  learned 
in  the  law,  to  act  as  special  judge  or  chancellor  to  sit 
as  a  court,  and  to  hear,  decide  and  render  judgment  in 
the  sanu^  uuinner  and  to  the  sauie  effect  as  a  Chancellor 
or  as  a  Judge  of  the  Circuit  Court,  or  of  a  court  having 
the  jurisdiction  of  a  TMrcuit  and  Chancery  Court,  or 
eitlier,  sitting  as  a  court  might  do  in  such  case.  If  the 
case  be  a  civil  one,  and  the  parties  or  their  attorneys  of 
record  do  not  agree;  or  if  it  be  a  criminal  one  and  the 
prosecuting  officer  and  the  defendant  or  defendants  do 
not  agree  u])on  a  special  Judge  or  Chancellor,  or  if 
either  i)arty  in  a  civil  cause  is  not  represented  in  court, 
the  Iiegister  in  Chancery  or  the  clerk  of  such  Circuit 
or  other  court,  in  which  siaid  cause  is  pending,  shall  a])- 
point  a  special  Judge  or  Chancellor,  who  shall  preside, 
try  and  render  judgment  as  in  thi;s  section  provided. 
The  General  Assembly  may  prescril^e  other  methods  for 
supplying  special  Judges  in  such  cases. 


Constitutional  Convention.  825 

Sec.  22.  The  General  Assembly  shall  have  power  to 
provide  for  the  holding-  of  Chancer}^  and  Circuit  Courts, 
and  for  the  holdiuii,  of  courts  having  the  jurisdiction  of 
Circuit  and  Chancery  Courts,  or  either  of  them,  when 
the  Chancellors  or  Judges  thereof  fail  to  attend  reguhir 
terms. 

Sec.  23.  Xo  Judge  of  any  court  of  record  in  this  State 
shall  practice  law  m  any  of  the  courts  of  this  State  or 
of  the  United  States. 

Sec.  24.  Kegisters  in  chancery  shall  be  appointed  by 
the  Chancellors  of  the  respective  divisions,  and  shall 
have  been  at  least  twelve  months  before  their  appoint- 
ment, and  shall  be  at  the  time  of  their  appointment  and 
during  their  continuance  in  oifice,  resident  citizens  of 
the  district  for  which  they  are  appointed.  They  shall 
hold  office  for  the  term  for  which  the  Chancellor  making 
such  appointment  was  elected  or  appointed.  Such  regis- 
ters shall  receive  as  compensation  for  their  ser- 
vices only  such  fees  and  commissions  as  may  be  spe- 
cifically prescribed  b^^  law,  which  fees  shall  be  uniform 
throughout  the  State. 

Sec.  25.  The  clerk  of  the  Supreme  Court  shall  be  ap- 
pointed by  the  Judges  thereof,  and  shall  hold  office  for 
the  term  of  six  years,  and  the  clerks  of  such  inferior 
courts  as  may  be  established  h\  law  shall  be  elected  in 
such  nmnuer  as  the  General  Assembly  may  provide. 

Sec.  2G.  Clerks  of  the  Circuit  (\mvt  shall  be  elected 
by  the  qualified  electors  in  each  county  for  the  term  of 
six  years,  and  may,  when  appointed  by  the  Chancellor, 
also  fill  the  office  of  Ivegister  in  Chancery.  Vacancies 
in  such  office  of  clerk  shall  be  filled  by  the  Governor  for 
the  unexpired  term. 

Sec.  27.  The  clerk  of  the  Supreme  Court  and  regis- 
ters in  Chancery  nmy  be  removed  from  office  by  the  Jus- 
tices of  the  Supreme  Court,  and  by  the  Chancellor  re- 
spectively, for  cause,  to  be  entered  at  length  upon  the 
minutes  of  the  court. 

Sec.  28.  A  Solicitor  for  each  judicial  circuit,  or  other 
territorial  subdivisi(m  prescribed  hy  the  General  As- 
send)ly,  shall  be  elected  by  the  qiuilified  electors  of  such 
circuit   or  other   territorial   sul)division,   who   shall   be 


326  Journal  of  Alabama 

learned  in  the  law,  and  who  shall,  at  the  time  of  his 
election,  and  during  his  continuance  in  office,  reside  in 
the  circuit  or  other  territorial  subdivision  for  which  he 
is  elected,  and  whose  term  of  office  shall  be  for  four  years, 
provided,  that  this  article  shall  not  operate  to  abridge 
the  term  of  any  Solicitor  now  in  office;  and  provided 
further,  that  the  Solicitors  elected  in  the  year  1904 
shall  hold  office  for  six  years  and  until  their  successors 
are  elected  and  qualified. 

Sec.  29.  In  each  precinct  not  lying  within,  or  partly 
within,  an}^  city  or  incorporated  town  of  more  than  2,500 
inhabitants,  there  shall  be  elected,  by  the  qualified  elec- 
tors of  such  precinct  not  exceeding  two  Justices  of  the 
Peace  and  one  Constable.  Where  one  or  more  precincts 
lie  within,  or  partl}^  within,  a  city  or  incorporated  town 
having  more  than  2,500  inhabitants,  the  General  As- 
sembly may  provide  by  law  for  the  election  of  not  more 
than  two  Justices  of  the  Peace  and  one  Constable,  for 
each  of  such  precincts,  or  an  inferior  court  for  such 
precinct  or  precincts,  in  lieu  of  all  Justices  of  the  Peace 
therein.  Justices  of  the  Peace,  and  the  inferior  courts 
iierein  provided  for,  shall  have  jurisdiction  in  all  civil 
cases  where  the  amount  in  controversy  does  not  exceed 
^100,  except  in  cases  of  libel,  slander,  assault  and  bat- 
tery, and  ejectment.  The  General  Assembly  may  pro- 
vide by  law  Avliat  fees  may  be  charged  by  Justices  of  the 
Peace  and  Constables,  which  fees  shall  be  uniform 
throughout  the  State.  The  right  of  appeal  from  any 
judgment  of  a  Justice  of  the  Peace,  or  from  any  infer- 
ior court  authorized  by  this  section,  without  the  prepay- 
ment of  costs,  and  also  in  the  term  of  office  of  such  Jus- 
tices, and  of  the  Judges  of  such  inferior  courts,  and  of 
Notaries  Public,  shall  be  provided  for  by  law.  The  Gov- 
ernor may  appoint  Notaries  Public  without  the  powers 
of  a  Justice  of  the  Peace,  and  may,  except  where  other- 
wise provided  by  an  act  of  the  General  Assembly,  ap- 
point not  more  than  one  Notary  Public  with  all  of  the 
powers  and  jurisdiction  of  a  Justice  of  the  Peace  for 
each  precinct  in  which  the  election  of  Justices  of  the 
Peace  shall  be  authorized. 


Constitutional  Convention.  827 

Sec.  30.  The  Attorne}^  General  shall  be  elected  by  the 
qualified  electors  of  the  State  at  the  same  time  and 
places  of  election  of  member  of  the  General  Assembly, 
whose  term  of  office  shall  be  for  four  years  and  until 
his  successor  is  elected  and  qualified.  After  his  election 
he  sliall  reside  at  the  seat  of  government,  shall  be  the 
law  officer  of  the  State,  and  shall  perform  such  duties 
as  may  be  required  of  him  by  law. 

Sec.  31.  The  style  of  all  process  shall  be  "The  State 
of  Alabama"  and  all  prosecutions  shall  be  carried  on  in 
the  name  and  b^'  the  authority  of  the  same,  and  shall 
conclude  "Against  the  peace  and  dignity  of  the  State." 

Mr.  Smith,  of  Mobile,  moved  that  the  report  of  the 
Commitee  on  Judiciary  be  made  a  special  order  imine- 
diateh^  after  the  dispositicm  of  the  special  orders  now 
upon  the  calendar. 

The  motion  prevailed,  and  the  report  of  the  C'ommit- 
tee  on  Judiciary  was  made  a  special  order  for  considera- 
tion immediately  after  the  conclusion  of  tlie  considera- 
tion of  tlu'  report  of  the  Committee  on  Suffrage  an  1 
Elections. 

PAIR  ANNOUNCED. 

INlr.  Blackwell  made  the  following  announcement : 
On  Saturda^^  last  when  the  report  of  the  Committee 
on  State  and  County  Boundaries  was  being  considererl, 
and  the  sections  reported  by  the  committee  proposed  a 
reduction  of  the  area  of  square  miles  from  600  to  500,  I 
overlooked  the  fact  that  I  was  paired  with  Gen.  R.  C. 
Jones,  of  Wilcox.  If  he^  had  l)een  here  he  would  have 
voted  against  anv  reduction,  while  I  voted  in  favor  of 
it. 

UNFINISHED    BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Legislative  Department- 


828  Journal  of  Alabama 

section  six. 

Was  read  at  length  as  follows: 

Sec.  6.  The  pay  of  members  of  the  Legislature  shall 
be  four  dollars  per  day  and  10  cents  per  mile  in  going 
to  and  returning  from  the  seat  of  government,  to  be 
computed  by  the  nearest  usual  route  traveled. 

By  unanimous  consent  the  word  'the"  was  inserted 
in  the  first  line  before  the  word  "members"  and  after 
the  word  "of." 

Mr.  Murphree  offered  the  following  amendment  to 
Section  6 : 

Amend  Section  (I  by  striking  out  "ten"  in  tirst  line 
and  insert  the  word  "five"  and  at  the  end  of  the  section 
add  the  words  "the  members  using  free  railroad  passes 
shall  not  be  entitled  to  any  mileage  from  the  State." 

Mr.  IJeese  offered  the  following  substitute  for  the 
amendment  offered  by  ^Ir.  ^Iur])hree: 

Strike  out  the  word  "ten"  and  insert  the  word  "five." 

Mr.  O'Neal,  of  Lauderdale,  moved  to  table  the  amend- 
ment offered  by  Mr.  Reese. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

]Mr.  XeSmith  moved  to  table  the  amendment  offered 
by  Mr.  ^lurphree. 

A  division  of  the  ([uestion  was  demanded. 

The  question  was  upon  the  first  part  of  the  amend- 
ment offered  by  Mr.  Murphree,  which  reads  as  follows: 

Amend  Section  6  by  striking  out  "ten"  in  first  line, 
and  insert  the  word  "five." 

The  motion  to  table  prevailed,  and  the  first  i>art  of 
the  amendment  was  laid  upon  the  table. 

The  question  recurred  upon  the  motion  to  table  the 
last  part  of  the  amendment  of  ^fr.  ^Murphree,  which 
reads  as  follows : 

Add  at  the  end  of  Section  0  the  words  "the  members 
using  free  railroad  passes  shall  not  be  entitled  to  any 
mileage  from  the  State." 

The  motion  to  table  was  lost:  Yeas,  40;  nays,  75.. 


Constitutional  Convention. 


829 


YEAS. 


^Messrs.  Banks, 

Barefield, 

Browne, 

Bulger, 

Byars, 

Cardqn, 

Carmichael  (Colbert), 

Case, 

Chapman, 

Coleman  (Greene), 

Craig, 

Davis  (DeKalb), 

Davis,   (Etowah),' 

Duke, 

Foshee, 

Foster, 

Gilmore, 

Greer  (Calhoun), 

Greer  (Perry), 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Howell, 


Inge, 

Kirklaud, 

Maxwell, 

XeSinith, 

Gates, 

G'Kear, 

Pearce, 

Pitts, 

Proctor, 

Kevnolds  (Henry), 

Rogers  (Sumter), 

Searcy, 

Sentell, 

Sloan, 

Sorrell, 

Stewart, 

Studdard, 

Vaughan, 

Waddell, 

Weatherlv, 

Willett, 

Williams  ( Marengo ) , 

Wilsoh  ( Washington )  —46. 


NAYS. 


Messrs.  Beddow, 
Bethune, 
Blackwell, 
Brooks, 
\Burnett, 
Burns, 
Cobb, 
Cofer, 

deGraffenried, 
Eley, 
Espy, 
Fletcher, 
Freeman, 


Glover, 

Graham  (Talladega), 

Grayson, 

Haley, 

Handley, 

Hinson, 

Hood. 

Howze, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  ( Montgomery) , 

Jones  (Wilcox), 


830 


Journal  of  Alabama 


Kirk, 

Knight, 

Leigii, 

Locklin, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

McMillan  ( Baldwin  > , 

McMillan  (Wilcox), 

Malone, 

Martin, 

:Merrill, 

Miller    (Marengo), 

Miller  (Wilcox"), 

Mood3% 

Miirpliree, 

Norma  n, 

Norwood, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

(Jpp, 

Palmer, 

Parker  (Elmore), 


Pettos, 

Pillans, 

Keese, 

lievnolds  ( Chilton) ^ 

Kobinson, 

Kogers  (Lowndes)^ 

Samford, 

tSanders, 

Sanford, 

Smith  (Mobile), 

Smith,  Mac.  A,, 

Smith,  Morgan  M.,. 

Spears, 

Spragins, 

Tavloe, 

Thompson, 

Walker, 

Watts, 

Weaklev, 

Wliite,  '^ 

Whiteside, 

Williams   ( Barbour) , 

Wilson  (Clarke) 

Winn — 75. 


Mr.  Watts  offered  the  following  substitute  for  the 
amendment  of  Mr.  Murphree,  which  was  read  at  length. 

Amend  Section  0  by  adding  thereto  any  person  who, 
while  holding  office  in  this  State,  or  in  any  city  or 
county  thereof,  including  members  of  the  General  As- 
sembly, solicits  or  accepts  for  himself  or  another  or  uses 
any  free  transportation,  or  transportation  at  a  less  rate 
than  is  open  to  the  public  generally,  issued  or  granted 
by  any  corporation  or  any  officer  thereof,  shall  be  guilty 
of  a  misdemeanor,  and  shall,  upon  conviction  of  such 
offense,  forfeit  his  office. 

RECESS. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Legislative  Department,  tlie  hour  of 
1  o'clock  p.  m.  arrived,  and  under  the  rules  tlie  Conven- 
tion recessed  until  3:30  o'clock  tliis  afternoon. 


Constitutional  Convention.  831 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

roll  call. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Foshee, 

Banks, 

Foster, 

Barefield, 

(xilmore, 

Bartlett, 

Glover, 

Beddow, 

Graham  ( Talladega ) . 

Bethune, 

Grayson, 

Black  well, 

Greer  (Calhoun), 

Boone, 

Greer  (Perry), 

Brooks, 

Haley, 

Browne, 

Handley, 

Bulger, 

Harrison, 

Burns, 

llellin  ^Randolph), 

Bya?s, 

Hinson, 

Cardon, 

Hodges, 

Carnathon, 

Hood, 

Case, 

Howell, 

Chapman, 

Howze, 

Cobb, 

Inge, 

Cofer, 

Jackson, 

Coleman  (Greene), 

Jones  (Bibb), 

Cornwell, 

.Jones  (Montgomery), 

Craig, 

Jones  (Wilcox), 

Davis  (DeKalb), 

Kirk, 

Davis  (Etowah), 

Kirkland, 

defTraffenried, 

Knight, 

Duke, 

Led  better. 

Eley, 

Leigh, 

Eyster, 

Locklin, 

Espy, 

Long  (Walker), 

Pitts, 

Lowe  (Jefferson), 

Fletcher, 

Macdonald, 

83^2 


Journal  of  Alabama 


McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

JNlaxw.-il, 

Merrill, 

Miller  ( Marengo ) , 

Miller  (Wilcox^, 

Moody, 

Muri)liree, 

XeSniitli, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Henry), 


Robinson, 

liOgers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Sellieimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M. 

Sorrell, 

Thompson, 

Vaughan, 

Waddell, 

^Valker, 

Watts, 

W^eakley, 

Weatherlv, 

Wliite, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Wilson  (Clarke), 

Wilson  (Washington), 

Winn— 119. 


LEAVE  OF. ABSENCE. 


Was  granted  to  Messrs.  Oilmore  indefinitely;  Ash- 
craft  for  to-day  and  to-morrow ;  Bartlett  for  Thursday, 
Friday  and  Saturday. 

RECONSIDERATION. 

'Sir.  Hinson  moved  to  reconsider  the  vote  by  which 
the  previous  question  was  ordered  upon  the  adoption 
of  Section  6  and  amendments  thereto. 

The  motion  to  reconsider  was  lost. 


Constitutional  Convention. 


833 


UNFINISHED    BUSINESS. 

The  Convention  x>roceeded  to  the  consideration  of 
Tthe  unfinished  business,  which  was  the  report  of  the 
Committee  on  Legislative  Department. 

The  question  was  upon  the  adoption  of  the  substitute 
■offered  by  Mr.  Watts  for  the  amendment  offered  by  Mr. 
Murphree  to  Section  6. 

The  substitute  was  lost :    Yeas,  51 ;  nays,  72. 

YEAS. 


Messrs.  Banks, 

Beddow, 

Boone, 

Brooks, 

Cobb, 

deGraffeuried, 

Duke, 

Espy, 

Fitts, 

Fletcher, 

Glover, 

Graham  (Talladega), 

Handley, 

Hood, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  ( Montgomery ) , 

Kirk, 

Leigh, 

Loeklin, 

Lowe  (Jefferson), 

McMillan  (Baldwin), 

Malone, 

Merrill, 

Miller  (Marengo), 

53 


Miller  (Wilcox), 

Moody, 

Murphree, 

Norwood, 

Oates, 

O'Neal  (Lauderdale), 

Parker  (Elmore), 

Pettus, 

Pillans, 

Pitts, 

Robinson, 

Banders, 

Sanford, 

Selheimer, 

Smith,  Mac.  A., 

Smith,  Morgan  M. 

Sollie, 

Spears, 

Spragins, 

Stewart, 

Vaughan, 

Walker, 

Watts, 

AYhite, 

Winn— 51. 


834 


Jour:s:al  of  Alabama- 


NAYS. 


Messrs.  President^ 

Barefield, 

Bartlett, 

Blackwell, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardoa, 

Carmichael  (Colbert), 

Case, 

Chapman, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Eley, 

Eyster, 

Foshee, 

Foster, 

(rilmore, 

Gravson, 

Greer  (  Calhoun  ) , 

Greer  (Perry), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Hell  in  (Randolph), 

Hinson, 

Hodges, 

Howell, 

Howze, 

Inge, 


Jones  (Wilcox),. 

Kirkland, 

Knight,  • 

Long  (Walker), 

^lacdonald, 

McMillan  (Wilcox), 

Martin, 

Maxwell, 

NeSmith, 

Xorman, 

O'Neill  (Jefferson), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Pearce, 

Porter, 

Proctor, 

Keese, 

Reynolds  (Henry), 

Searcy, 

8entell, 

Sloan, 

Smith  (Mobile), 

Sorrell, 

Studdard, 

Thompson, 

Waddell, 

Weakley, 

Weatherly, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  (Elmore), 

Wilson  (Clarke). 

Wilsion  (  Washington) — 72. 


Constitutional  Convention. 


835 


PAIRS   ANNOUNCED. 

The  folloAving-  pairs  were  aniionnced : 

Messrs.  Lomax,  Almon,  Rogers  of  Sumter,  and  Wil- 
liams of  Marengo.  Messrs.  Lomax  and  Eogers  of  Sum- 
ter would  vote  are,  and  Messrs.  Almon  and  Williams  of 
Marengo  would  vote  nay. 

Mr.  White  moved  to  suspend  the  rules  for  the  purpose 
of  reconsidering  the  vote  whereby  the  previous  question 
was  ordered  upon  Section  6  and  amendment  thereto. 

The  motion  was  lost :  Yeas,  65 ;  nays,  59. 

YEAS. 


Messrs.  Banks, 

Bartlett, 

Beddow, 

Boone, 

Brooks, 

Burns, 

Chapman, 

Cobb, 

Coleman  (Greene), 

deGraffenried, 

Duke, 

Eley, 

Espy, 

Fitts, 

Fletcher, 

Foster, 

Glover, 

Graham  (Talladega). 

Grayson, 

Handley, 

Hinson, 

Hodges, 

Hood, 

Howze, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Kirk, 


Leigh, 

Locklin, 

Lomax, 

Malone, 

Martin, 

Merrill, 

Miller  (Marengo)^ 

Miller  (Wilcox), 

Moody, 

Murphree, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

Parker  (Elmore), 

Pettus, 

Pillans, 

Pitts, 

Robinson, 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Siiears. 


836 


Journal  of  Alabama 


Spragins, 
Vaugban, 
Walker, 
Watts, 


Messrs.  President, 

Barefield, 

Blaekwell, 

Browne, 

Bulger, 

Burnett, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Case, 

Cofer, 

Cornwell, 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Eyster, 

Posliee, 

Gilmore, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Howell, 

Inge, 

Jones  (Wilcox), 

Knight, 

Long  (Walker), 

Macdonald, 


White, 
Whiteside, 
Winn — 05. 


NAYS. 


McMillan  (Baldwin), 

McMillan  (Wilcox), 

Maxwell, 

NeSmith, 

O'Neill,  ( Jefferson ) , 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Pearce, 

Porter, 

Proclor, 

Reese, 

Reynolds  (Henry), 

Rogers  (Lowndes), 

Sentell, 

Sloan, 

Smith  (Mobile), 

Sorrell, 

Stewart, 

Studdard, 

Thompson, 

Waddell, 

Weakley, 

Weatherly, 

Willett, 

Williams  (Barbour), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington) — 59. 


PAIR  ANNOUNCED. 

The  following  pair  was  announced. : 

Messrs.  Rogers  of  Sumter  and  Williams  of  Marengo. 
Mr.  Rogers  of  Sumter  would  vote  aye,  and  Mr.  Williams 
of  Marengo  would  vote  nav. 


Constitutional  Convention.  837 

The  question  recurred  upou  the  adoption  of  the  amend- 
ment offered  by  Mr.  Murphree. 

The  amendment  of  Mr  .Murphree  was  lost. 
Section  6,  as  amended,  was  adopted. 

SECTION  SEVEN. 

Was  read  at  length  as  follows : 

Sec.  7.  The  Legislature  shall  consist  of  not  more 
than  thirty-three  Senators,  and  not  more  than  one  hun- 
dred members  of  the  House  of  Kepresentatives ;  to  be 
apportioned  among  the  several  districts  as  prescribed 
in  this  Constitution;  provided,  that  upon  the  creation 
of  any  new  county  it  shall  be  entitled  to  one  Kepresen- 
tative  in  addition  to  the  number  above  named. 

By  unanimous  consent  the  words  "and  counties" 
were  inserted  in  the  third  line  before  the  word  "as"  and 
after  the  word  "districts." 

Mr.  Pitts  offered  the  following  amendment  to  Sec- 
tion 7 : 

Amend  Section  7  of  the  ordinance  reported  by  the 
Committee  on  Legislative  Department  by  striking  out 
the  word  "thirty-three"  in  the  first  line  of  said  section, 
and  inserting  in  lieu  thereof  the  word  "thirty-five,"  and 
by  striking  out  the  words  "one  hundred"  in  the  second 
line  and  insertng  in  lieu  thereof  the  words  "one  hundred 
and  five." 

The  amendment  of  Mr.  Pitts  was  adopted. 

Mr.  Jones,  of  Montgomery,  offered  the  following 
amendment  to  Section  7 : 

Amend  Section  7  by  adding  at  the  end  thereof  the  fol- 
lowing words :  "No  member  of  the  Legislature  shall  ask, 
receive,  accept  or  use  for  himself  or  for  the  benefit  of 
another,  any  free  pass,  or  any  ticket  sold  at  a  discount 
other  than  as  sold  to  the  public  generally.  Any  mem- 
ber of  the  Legislature  violating  the  provisions  of  this 
section  is  guiltv  of  a  misdemeanor,  and  on  conviction 
shall  be  fined  |250  and  forfeit  his  office." 

The  amendment  of  Mv.  Jones,  of  Montgomery,  was 
laid  upon  the  table. 

Yeas,  65;  nays,  58. 


838 


Journal  of  Alabama 


YEAS. 


Messrs.  President, 

Barefield, 

Bartlett,  * 

Blaekwell, 

Browne, 

Bulger, 

Burnett, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Case, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Crai"" 

Davis' (DeKalb), 

Davis  (Etowah), 

Eyster, 

Ferguson, 

Fosliee, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Hodges, 

Inge, 

Jackson, 

Jones  (Wilcox), 

Kirkland, 


Messrs.  Banks, 

Beavers, 

Beddow, 

Boone, 

Brooks, 


Knight, 

Long  (Walker), 

Macdonald, 

McMillan  (Wilcox), 

Miller  (Marengo), 

NeSmith, 

O'Neill  (Jefferson), 

Opp, 

O'Kear, 

Parker  (Cullman), 

Pearce, 

Pitts. 

Porter, 

Proctor, 

Keynolds  (Henry), 

Ivogers  (Lowndes), 

Searcv, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Sorrell, 

Stewart, 

Stnddard, 

Thompson, 

Waddell, 

Weakley, 

Willett," 

Williams  (Barbour), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  ( Washingi:on )  — 65. 


NAYS.  . 

Burns, 
Cobl),     • 

Duke, 
Elev, 


Constitutional  Convention. 


839 


Espy, 

Fitts, 

Fletcher, 

Freeman, 

Olover, 

Graham  (Talladega), 

Grayson, 

Handley, 

Hood, 

Howze, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Kirk, 

Leigh, 

Lockliti, 

Lomax, 

McMillan  (Baldwin), 

Malone, 

Martin. 

Maxwell, 

Merrill, 

Miller  (Wilcox^ 

Moody, 

Murpbree, 


Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale) 

Palmer, 

Parker  (Elmore), 

Pettus, 

Pillans, 

Keese, 

liobinson, 

Samford, 

Sanders, 

Sanford, 

Selheimer, 

Smith,  Mac.  A  , 

Smith,  Morgan  M.. 

Sollie, 

Spears, 

Spragins, 

Vanghan, 

Walker, 

Watts, 

White, 

Winn— 58. 


PAIRS   ANNOUNCED. 

The  foll'OwiTig  pairs  were  announced : 

]\Iessrs.  llogers  of  Sumter,  and  Williams  of  Marengo ; 
Jenkins  and  Cliapman.  Messrs.  Williams  of  Marengo, 
and  Jenkins  would  vote  aye,  and  Messrs.  Rogers  of 
Sumter,  and  CliapmaTi  would  vote  nay. 

On*  motion  of  Mr.  Gates  Section  7,  as  amended,  was 
^adopted. 

SECTION   EIGHT. 


Was  read  at  leiigtb  as  follows,  and  adopted : 
Sec.  8.    Tlie  Senate,  at  the  beginning  of  each  regular 
session,  and  at  such  other  times  as  may  be  necessary, 
sliall  elect  one  of  Its  meml»ers  President  thereof,  to  pre- 


840  JouRXAL  or  Alabama 

side  over  the  deliberations  in  tlie  absence  of  the  Lieuten- 
ant Governor ;  and  the  House  of  Rei^resentatives,  at  tlie- 
beginning  of  each  regular  session,  and  at  such  other 
time  as  may  be  necessary,  shall  elect  one  of  its  mem- 
bers as  Speaker;  and  the  President  of  the  Senate  and 
the  Speaker  of  the  House  of  Representatives  shall  hold 
their  offices  respectively  until  their  successors  are 
elected  and  qualified.  In  case  of  temporary  disability 
of  either  of  said  presiding  officers,  the  House  to  which 
he  belongs  may  ele'ct  one  of  its  members  to  preside  over 
that  House  and  to  perform  all  the  duties  of  such  officer 
under  disability  during  the  continuance  of  the  same; 
and  such  temporary  officer,  while  performing  duty  as 
such,  shall  receive  only  the  same  compensation  to  which 
the  permanent  officer  is  entitled  by  law.  Each  House 
shall  choose  its  own  officers  and  shall  judge  of  the  elec- 
tion, returns  and  qualifications  of  its  members. 

SECTION   NINE., 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  9.  A  majorit}^  of  each  House  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  ad- 
journ from  day  to  day  and  may  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such  pen- 
alties as  each  House  may  provide. 

SECTION  TEN. 

Was  read  at  length  as  follows,  and  adopted  : 
Sec.  10.  Each  House  shall  have  power  to  determine 
the  rules  of  its  proceedings  and  to  punish  its  members 
or  other  persons,  for  contempt  or  disorderly  behavior 
in  its  presence ;  to  enforce  the  obedience  to  its  process ; 
to  protect  its  members  against  violence,  or  offers  of 
bribe  or  corrupt  solicitation;  and  with  the  concurrence 
of  two-thirds  of  either  House,  to  expel  a  member,  but 
not  a  second  time  for  the  same  offense ;  and  shall  have- 
all  the  powers  necessarv  for  the  Leuislature  of  a  free- 
State. 


;  Constitutional  Convention.  841 

section  eleven. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  11.    A  member  of  either  Honse  expelled  for  cor- 
riijDtion  shall  not  thereafter  be  eligible  to  either  House, 
and   punishment  for  contempt  or  disorderly  behavior 
shall  not  bar  an  indictment  for  the  same  offense. 

SECTION   TWELVE. 

Was  read  at  length  as  follows : 

Sec.  12.  Each  House  shall  keep  a  Journal  of  its  pro- 
ceedings and  cause  the  same  to  be  published  immediate- 
ly after  its  adjournment,  excepting  such  parts  as,  in  its 
judgment,  may  require  secrecy;  and  the  yeas  and  nays 
of  the  members  of  either  House  on  any  question  shall, 
at  the  desire  of  one-tenth  of  the  members  present,  be 
entered  on  the  Journal.  Any  member  of  either  House 
shall  have  liberty  to  dissent  from  or  protest  against  any 
act  or  resolution  which  he  may  think  injurious  to  the- 
public,  or  an  individual,  and  have  the  reasons  for  his 
dissent  entered  on  the  Journal. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 12: 

Amend  Section  12  by  adding  the  words  ''but  the- 
Journal  of  the  Senate  and  House  of  Representatives 
shall  not  be  held  by  the  courts  to  impart  absolute  ve- 
rity, but  their  truthfulness  may  be  inquired  into  like 
any  other  statement  in  a  court  of  justice." 

On  motion  of  Mr.  Oates,  the  amendment  of  Mr.  San- 
ford was  tabled. 

Mr.  Freeman  offered  the  following  amendment  to 
Section  12,  which  was,  on  motion  of  Mr.  Oates,  laid  up- 
on the  table : 

Amend  Section  12  by  striking  out  in  second  line  of 
said  section,  after  the  wcrd  "adjournment;''  also  line 
three  to  where  "and"  sets  in  after  the  word  secrecy. 

On  motion  of  Mr.  Oates  Section  12,  as  amended,  was- 
adopted. 


842  Journal  of  Alabama 

section  thirteen. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  13.  Members  of  the  Legislature  shall,  in  all 
cases,  except  treason,  felony,  violation  of  their  oath  of 
office,  and  breach  of  the  peace,  be  privileged  from  ar- 
rest during  their  attendance  at  the  session  of  their  re- 
spective Houses,  and  in  going  to  and  returning  from  the 
same;  and  for  any  speech  or  debate  in  either  House 
they  shall  not  be  questioned  in  any  other  place. 

SECTION  FOURTEEN. 

Was  read  at  length  as  follows: 

Sec.  14.  The  doors  of  each  House  shall  be  opened  ex- 
cept on  such  occasions  as,  in  the  opinion  of  the  House, 
may  require  secrecy,  but  no  person  shall  be  admitted  to 
the  floor  of  either  House  while  the  same  is  in  session, 
except  members  of  the  Legislature,  the  officers  and  em- 
plo3'es  of  the  two  Houses,  the  Governor  and  his  secre- 
taries, representatives  of  the  press,  and  su'ch  other  per- 
sons to  whom  either  House,  by  unanimous  vote,  may  ex- 
tend the  privileges  of  its  floor. 

Mr.  Heflin,  of  Randolph,  offered  the  following  amend- 
ment to  Section  11 : 

Amend  Section  14  by  striking  out  the  word  "unani; 
nious''  in  the  fifth  line,  and  insert  in  lieu  thereof  the 
Avords  "a  majority." 

On  motion  of  Mr.  Oates,  the  amendment  of  ^[r.  Heflin, 
of  Rnndolph,  was  laid  upon  the  table. 

On  motion  of  ]Mr.  Oates,  Section  14  was  adoj)ted. 

SECTION  FIFTEEN. 

* 

Was  read  at  length  as  follows  and  adopted: 
Sec.  15.     Xeither  House  shall,  without  consent  of  the 
other,  adjourn  for  more   than    three  days,  nor  to  any 
other  place  than  that  in  which  they  may  be  sitting. 


Constitutional  Convention.  843 

section  sixteen. 

Was  read  at  length  as  follows : 

See.  16.  No  Senator  or  Representative  shall,  during 
the  term  for  Avhieh  he  shall  have  been  elected,  be  ap- 
pointed to  any  office  of  profit  under  this  State,  which 
shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased  during  such  term,  except  such 
offices  as  maj  be  filled  by  election  by  the  people. 

AD.JOURNMENT. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Legislative  Department,  the  hour  of  6 
o'clock  p.  m.  having  arrived,  under  the  rules  the  Con- 
vention adjourned  until  9  :30  o'clock  to-morrow  morn- 
ing- 


FORTY-EIGHTH  DAY. 

Convention  Hall, 

Montgomery,  Ala.,  Thursday,  July  18,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  ottered  by  Rev.  Mr.  McDaniel  of  the  city. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Boone, 

Altman, 

Brooks, 

Banks, 

Browne, 

Barefield, 

Bulger, 

Beddow, 

Burns, 

Blackwell, 

Byars, 

844 


Journal  of  Alabama 


Cardon, 

Carmichael  ( Colbert ) , 

Carmichael  (Coffee), 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

deGraffenried, 

Duke, 

Eley, 

Evster, 

Espy, 

Ferguj3CD, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Glover, 

Graham  (Montgomery), 

Graham  ( Talladega) , 

Greer  (Calhoun), 

Greer  (Perry), 

Handley, 

Harrison, 

Heflin  (Randolph), 

Hinson, 

Hf^dges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jaclcson 

Jones  (Bibb), 
Jones  (Hale), 


Jones  (Montgomery),. 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox),  ' 

Moody, 

Murphree, 

XeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Keese.    ' 

Reynolds  (Chilton), 


CO>ySTITUTIOXAL  CONVENTION.  845 

Robinson,  Stewart, 

Rogers  (Lowndes),  Studdard, 

Rogers  (Sumter),  Tayloe, 

Samford,  Thompson, 

Sanders,  Vaiighan, 

Sanford,  Waddell, 

Searcy,  Walker, 

Selheimer,  Watts, 

Sentell,  Weakley, 

Sloan,  White, 

Smith  (Mobile),  Whiteside, 

Smith,  Mac.  A.,  Willett, 

Smith,  Morgan  iNI.,  Williams  (Barbour), 

Sollie,  Williams  (Marengo) 

Sorrell,  Wilson  (Clarke), 

Spears,  Winn — 126. 

Spragins, 

LEAVE  OF  ABSENCE. 

Was  granted  to  Messrs.  Weatherly  for  to-day;  Tay- 
loe for  yeterday;  Dent  for  to-day  and  to-morrow  morn- 
ing; Case,  Norwood,  Miller  of  Marengo,  and  Byars  in- 
definitely. 

REPORT  OF  JOURNAL  COMMITTEE. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  forty- 
seventh  day  of  the  Convention,  and  that  the  same  is 
eorrect. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

RESOLUTIONS   ON   FIRST   READING. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Resolution  251,  by  Mr.  Davis,  of  Etowah : 


846  Journal  of  Alabama 

Whereas,  This  Convention  has  just  received  an  invi- 
tation to  move  its  place  of  deliberation  to  Bellevne 
Hotel,  on  Lookout  Mountain,  overlooking  (ladsden,  Ala., 
where  the  temperature  never  goes  ahove  85  degrees 
Fahrenheit,  and  with  ample  room  to  accommodate  all 
the  members  and  employees  of  this  Convention,  and 

Whereas,  This  Convention  has  recenth'  experienced 
a  temperature  of  105  degrees  in  the  hall  of  the  House  of 
Representatives;  therefore  be  it 

Resolved,  That  after  Saturday,  the  20th  day  of  July,, 
this  Convention  do  adjourn  to  meet  on  Monday,  the  22d 
of  July,  at  said  Bellevue  Hotel,  there  to  continue  its  de- 
liberations. 

The  resolution  was  referred  to  the  Committee  on 
Judiciary. 

Resolution  252,  by  Mr.  Howell : 

^^liereas.  It  is  alwa^-s  becoming  in  any  people  to  give- 
expressions  of  gratitude  to  the  Giver  of  all  Good ; 

Therefore,  be  it  resolved,  That  we,  for  ourselves  and 
in  behalf  of  all  the  people  of  the  State,  whom  Ave  repre- 
sent, that  our  sincere  and  devout  thanks  are  offered  up 
to  the  benign  Giver  of  every  blessing  for  the  welcome 
and  copious  showers  of  rain  which  are  falling  all  over 
the  State,  that  there  will  be  "bread  for  the  eater  and 
seed  for  tlie  sower." 

On  motion  of  ]Mr.  Howell  the  rules  were  suspended, 
and  the  resolution  252  was  adopted. 

Resolution  254,  by  Mr.  Pillaus: 

Resolved,  That  the  privileges  of  the  tloor  of  this  Con- 
vention be  and  are  extended  to  the  Hon.  J.  H.  Bank- 
head. 

The  rules  wt^-e  suspended  and  the  resolution  adopted. 

ORDINANCES    ON    FIRST    READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appro])riate 
committees,  as  follows: 

Ordinan(^e  421,  by  Mr.  Cornwall: 

Provides  for  the  formation  of  the  county  of  "Houston" 
from  the  counties  of  Jefferson,  Tuscaloosa  and  Bibb. 


Constitutional  Convention.  847 

The  ordinance  was  referred  to  the  Committee  on 
State  and  Connty  Boundaries. 

Ordinance  422,  by  jJr.  ir^anford: 

To  make  liolders  of  stock  in  an^^  corporations  tliat 
have  combined  for  the  transaction  of  business,  liable 
as  co-partners  for  the  debts  and  obligations  of  such  cor- 
porations. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  423,  b}^  Mr.  deGratfenried : 

To  repeal  Sections  8  and  9  of  the  Article  heretofore 
adopted  b}-  this  Convention  on  the  subject  of  Banks  and 
Banking. 

The  ordinance  was  referred  to  the  Committee  on 
Banks  and  Banking. 

stenographic  report. 

Messrs.  Williams  of  Marengo,  and  O'Neal  of  Lauder- 
dale, called  the  attention  of  the  Convention  to  certain 
errors  in  the  stenographic  report  of  the  proceedings  of 
yesterday. 

The  report  was  ordered  corrected. 

question  of  personal  privilege. 

Messrs.  Sentell,  Coleman  of  (rreene,  and  Jones  of 
^Montgomery,  arose  to  a  question  of  personal  privilege, 
and  proceeded  to  state  their  question  of  personal  privi- 
lege. 

report  op  standing  committees. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  reported  favorably  the  following  reso- 
lution, which  was  adopted  : 

Resolution  253,  by  Committee  on  Rules : 
Resolved,  That  each  delegate  may  speak  ten  minutes 
and  no  longer  upon  anj^  motion  to  reconsider  the  action 
of  the  Convention  upon  an}'  matter  upon  which  it  has 
acted. 


•848  Journal  of  Alabama 

Mr.  Browne,  chairman  of  the  Committee  on  Taxation, 
^submitted  the  foiloAviug  report,  which  was  laid  upon  the 
table  and  300  copies  ordered  printed,  and  to  be  taken  up 
for  consideration  when  the  report  of  the  Committee  on 
Taxation  is  taken  uij  for  further  consideration. 

Mr.  President : 

The  Committee  on  Taxation  instructs  me  to  rei^ort 
the  following  proviso  to  Section  10  of  Artcle  XI,  viz : 

Provided,  This  section  shall  not  apply  to  the  cities  of 
Shettield  and  Tuscumbia. 

And  the  following  additional  section  to  said  article 
viz : 

Sec.  11.  The  Legislature  may  levy  a  tax  of  not  more 
than  two  and  one-half  per  centum  (2-i)  on  ever^'  one 
hundred  (100)  dollars  of  the  value  of  all  estate,  real, 
personal  and  mixed,  money,  public  and  private  securi- 
ties of  every  kind  passing  from  any  person  who  may 
die  seized  and  possessed  thereof,  being  in  this  State  or 
any  part  of  such  estate,  money  or  securities,  or  interest 
therein  transferred  by  the  intestate  laws  of  this  State, 
or  by  will,  deed,  grant,  bargain,  sale  or  gift,  made  or  in- 
tended to  take  effect  in  possession  after  the  death  of  the 
grantor,  devisor  or  donor,  to  any  person  or  persons, 
l)odies  politic  or  corporate,  in  trust  or  otherwise,  other 
;than  to  or  for  the  use  of  the  father,  mother,  husband, 
wife,  brothers,  sisters,  children  or  lineal  descendants  of 
rthe  grantor,  devisor,  donor  or  intestate. 

And  recommend  the  adoption  of  the  same, 

Eespectfully  submitted, 

Cecil  Browne^ 
Chairman  Committee  on  Taxation. 

Mr.  Samford,  chairman  of  the  Committee  on  Engross- 
ment, submitted  the  following  report,  which  was  laid 
upon  the  table  to  be  taken  up  at  the  pleasure  of  the 
Convention : 

Mr.  President : . 

The  Committee  on  Engrossment  have  examined  and 
icomparc^d  tlie  following  articles,  to- wit : 


.Constitutional  Convention.  849 

State    and    County   I^ouudaries,    Local    Legislation, 
J^anks  and  Banking,  and  find  them  correctly  engrossed. 
Respectfully  submitted, 

Wm.  H.  Samfukd^  Chulniuiii. 

UNFINISHED    BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
.the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Legislative  Department. 

The  question  was  upon  the  adoption  of  Section  16  of 
the  article  reported  by  the  Committee  on  Legislative  De- 
partment. 

Section  16  was,  on  motion  of  Mr.  Pettus,  adopted. 

section  seventeen. 

Was  read  at  length  as  follows : 

Sec.  17.  No  person  hereafter  convicted  of  embezzle- 
ment of  the  public  money,  bribery,  perjury,  or  other  in- 
famous crime,  shall  be  eligible  to  the  Legislature,  or 
capable  of  holding  an}'  office  of  trust  or  profit  in  this 
State. 

Mr.  Watts  offiM'cd  the  folk) wing  amendment  to  Sec- 
tion 1  r : 

Amend  SecLion  17,  report  Legislative  Committee  by 
adding  thereto  the  .following  words,  viz :  "No  negro  sliril 
be  permitted  to  hold  office  in  this  State." 

Mr.  Burns  offered  the  following  substitute  for  the 
amendment  of  ]Mr.  W^atts : 

And  no  person  who  is  not  a  white,  qualified  voter, 
shall  hold  any  offipe  under  this  State. 

On  motion  of  Mr.  Coleman,  of  Greene,  the  amend- 
ment of  Mr.  AVatts  and  the  substitute  of  Mr.  Burns  were 
laid  upon  the  table  and  300  copies  of  eacli  ordered 
printed,  to  be  taken  up  at  tlie  pleasure  of  the  Convention, 

Mr.  White  offered  the  following  amendment  to  Sec- 
tion 17,  which  was  adopted  : 

Amend  Section  17  bv  striking  out  the  word  "here- 
after" in  line  1. 

On  motion  of  My.  Oates  Secton  17,  as  amended,  was 
adopted. 

54 


850  Journal  of  Alabama 

section  eighteen. 
Was  read  at  length  as  follows,  and  adopted : 
Sec.  18.     Xo  law  shall  be  passed  except  by  bill,  and 
no  bill  shall  be  so  altered  or  amended  on  its  passage 
through  either  House  as  to  change  its  original  purpose, 

SECTION   NINETEEN. 

AA^as  read  at  length  as  follows : 

Sec.  19.  No  bill  shall  become  a  law  until  it  shall  have 
been  referred  to  a  standing  committee  of  each  House, 
acted  upon  h\  the  committees  in  session,  and  returned 
therefrom,  which  fact  shall  affirmatively  appear  upon 
the  Journal  of  each  House. 

Mr.  Browne  offered  the  following  amendment  to  Sec- 
tion 19 : 

Strike  out  '"the  committees"  and  insert  ''such  com- 
mittees." 

The  amendment  was  adopted,  and  Section  19,  as 
amended,  was  adopted. 

SECTION  TWENTY. 

Was  read  at  length  as  follows : 

Sec.  20.  Every  bill  shall  be  read  on  three  different 
days  in  each  House,  and  no  bill  shall  become  a  law  un- 
less on  its  final  passage  it  be  read  at  length,  and  the 
vote  be  taken  by  yeas  and  nays,  the  names  of  the  mem- 
bers voting  for  and  against  the  same  to  be  entered  on 
the  Journal,  and  a  majority  of  each  House  be  recorded 
thereon  as  voting  in  its  favor,  except  as  otherwise  pro- 
vided in  this  Constitution. 

Mr.  Harrison  offered  the  following  amendment  to 
Section  20 : 

Amend  Section  20  by  inserting  between  the  words  "of 
and  "each"  where  they  occur  on  the  fourth  line  of  said 
section,  the  words  "those  elected  to." 

On  moton  of  ^Ir.  Bulger  the  amendment  of  Mr.  Har- 
rison was  laid  upon  the  table. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 20: 


Constitutional  Convention.  851 

Amend  Section  20  by  insertini'  in  tlie  second  line  of 
said  section,  after  the  Avords  at  length,  the  words 
"which  fact  shall  be  entered  on  the  Journal." 

On  motion  of  ]Mr.  Gates  the  amendment  of  Mr.  San- 
ford  was  laid  upon  the  table. 

Mr.  Long,  of  Walker,  offered  the  following  amend- 
ment to  Section  20 : 

Amend  Section  20  in  the  fourth  line  by  striking  out 
the  words  ''in  its  favor.'" 

On  motion  of  ^Ir.  Oates  the  amendment  of  Mr.  Long^ 
of  Walker,  was  laid  upon  the  table. 

On  motion  of  ]Mr.  Oates,  Secton  20  was  adopted. 

SECTION  TWENTY-ONE. 

Wa«  read  at  length  as  follows,  and  adopted : 
Sec.  21.  No  amendment  to  bills  shall  be  adopted  ex- 
cept by  a  majority  of  the  House  wherein  the  same  is 
offered,  nor  unless  the  amendment  with  the  names  of 
those  voting  for  and  against  the  same  shall  be  entered 
at  length  on  the  Journal  of  the  House  in  which  the 
same  is  adopted,  and  no  amendment  to  bills  by  one 
House  shall  be  concurred  in  by  the  other,  unless  by  a 
vote  taken  by  yeas  and  nays,  and  the  names  of  the  mem- 
bers voting  for  and  against  the  same  be  recorded  at 
length  on  the  Journal ;  and  no  report  of  a  committee  of 
conference  shall  be  adopted  in  either  House,  except  upon 
a  vote  taken  by  yeas  and  nays,  and  entered  on  the  Jour- 
nal, c^s  herein  provided  for  the  adoption  of  amendments, 

SECTION    TWENTY-TWO. 

Was  read  at  leng-th  as  follows,  and  on  motion  of  Mr. 
Oates  was  stricken  out: 

Sec.  22.  The  Legislature  shall  pass  general  laws 
under  which  local  and  private  interests  shall  be  pro- 
vided for  and  protected. 


852  Journal  of  Alabama 

sectio x  t w e  x t y-t hree. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  23.  The  Legislature  shall  have  no  power  to 
authorize  lotteries  or  gift  enterprises  for  any  purpose, 
and  shall  pass  laws  to  prohibit  the  sale  of  lottery  or  gift 
enterprise  tickets,  or  tickets  in  any  scheme  in  the  nature 
of  a  lottery,  in  this  State;  and  all  acts,  or  parts  of  acts 
heretofore  passed  by  the  Legislature  of  this  State, 
authorizing  a  lottery  or  lotteries  and  all  acts  amenda- 
tory thereof,  or  supplemental  thereto,  are  hereby 
avoided. 

SECTION   TWENTY-FOUR. 

Was  read  at  length  as  follows : 

Sec.  24.  The  presiding  officer  of  each  House  shall,  in 
the  presence  of  the  House  over  which  he  presides,  sign 
all  bills  and  joint  resolutions  passed  by  the  Legislature, 
after  the  same  shall  have  been  publicly  read  at  length, 
immediately  before  the  signing,  and  the  fact  of  reading 
and  signing  shall  be  entered  upon  the  Journal ;  but  the 
reading  at  length  may  be  dispensed  with  by  a  two-thirds 
vote  of  a  quorum  present,  which  fact  shall  also  be  en- 
tered on  the  Journal. 

Mr.  deGraffenried  offered  the  following  amendment 
to  Section  24 : 

Amend  by  striking  from  Section  24  all  after  the  word 
"JouruaF'  in  the  fourth  line. 

Mr.  Samford  offered  the  following  substitute  for  the 
section  and  pending  admendment: 

24.  The  presiding  officer  of  each  House  shall,  in  the 
presence  of  the  House  over  Avhich  he  presides,  sign  all 
bills  and  joint  resolutions  passed  by  the  General  As- 
sembly after  the  titles  have  been  publicly  read  imme- 
diately before  signing,  and  the  fact  of  signing  shall  be 
entered  on  the  Journal. 

By  unanimous  consent  Mr.  Pettus  offered  the  follow- 
ing amendment  to  the  substitute  offered  by  Mr.  Sam- 
ford,  which  was  adopted: 


Constitutional  Convention.  853 

Provided,  That  on  the  request  of  any  member,  the  bill 
shall  be  read  publicly  at  lennth  before  signing. 

The  question  was  upon  the  adoptio]i  of  the  substitute 
offered  by  Mr.  Samford. 

The  substitute  was  lost. 

The  question  recurred  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  deGraffenried. 

Mr.  Harrison  offered  the  following  substitute  for  the 
amendment  of  Mr.  deGraffenried : 

Amend  vSection  24  by  striking  out  all  after  the  word 
"shall"  on  the  first  line  of  said  section,  and  inserting  in 
lieu  thereof  the  following,  to- wit:  "Sign  all  bills  and 
joint  resolutions  passed  by  the  Legislature  after  having 
first  carefully  read  and  examined  the  same.'' 

On  motion  of  Mr.  Espy  the  amendment  of  Mr.  Har- 
rison was  laid  upon  the  table. 

The  amendment  of  Mr.  deGraffenried  was  lost. 

On  motion  of  Mr.  Gates  Section  24  was  adopted. 

SECTION    TWENTY-FIVE. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  25.  The  Legislature  shall  prescribe  by  law  the  num- 
ber, duties  and  compensation  of  the  officers  and  employes 
of  each  House,  and  no  payment  shall  be  made  from  the 
State  Treasury  or  be  in  any  way  authorized  to  any  per- 
son except  to  an  acting  officer  or  emx3loye  elected  or 
appointed  in  pursuance  of  law. 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Legislative  Department  the  hour  of 
1  o'clock  p.  m.  arrived,  under  the  rules  the  Convention 
recessed  until  3  :30  o'clock  this  afternoon. 
AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


854 


JOURNAL  OF  Alabama 


Messrs.  President, 

Altman, 

Banks, 

Barefield,. 

Bartlett, 

Beavers, 

Beddow, 

Betliune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmicliael  (Colbert), 

Case, 

Chapman, 

Cobb, 

Coleman  (Greene), 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitt^s. 

Fletcher, 

Foshee, 

Foster, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers) 

""flJn  (Kandolph), 

Hinson, 

Hodges, 


Fcwell, 
Howze, 
Inge, 
Jackson, 
Jenkins, 

Jones  (Montgomery), 
Jones  ( Wilcox), 
Kirk, 
Kirkland, 
Knight, 
Kyle, 
Leigh, 
Lorn  ax. 

Long  (Butler), 
Long  (Walker), 
-Macdonald, 
McMillan  (Baldwin), 
-McMillan  (Wilcox), 
^lalono, 
Martin, 
Maxwell, 
Merrill, 

.Milh'r  (Wilcox), 
Moody, 
Mnrpliree, 
V(^  Smith, 
Xorman, 
Gates, 

O'Neal  (Lauderdale), 
Opp, 
G'Pear, 
Pa  1 111  or, 

Pai'ker  (Cullman), 
Parker  (Elmore), 
Pearce, 
IN'ffus, 
Piiillips,- 
Pillans, 
Pitts.    • 

Proctor, 


Constitutional  Convention.  855 

Eeese,  Spears, 

Reynolds  (Cliilton),  Spragins, 

Rogers  (Lowndes),  Stewart, 

Rogers  (Sumter),  Thompson, 

Samford,  Vaughan, 

Sanders,  Waddell, 

Sanford,  Walker, 

Searcy,  Weakley, 

Selheimer,  White, 

Sentell,  Whiteside, 

Sloan,  Willett, 

Smith  (Mobile),  Williams  (Barbour), 

Smith,  Mac.  A.,  \Mlliams  (Marengo), 

Smith,  Morgan  INI.,  AVilson  (Washington). 

Sorrell,  Winn — 114. 

unfinishj:d  business. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Legislative  Department. 

section  twenty-six. 

Was  read  at  length  as  follows : 

Sec.  26.  The  Legislature  shall  have  no  power  to  grant 
or  to  authorize  or  require  any  county  or  municipal 
authority  to  grant,  nor  shall  any  county  or  municipal 
authority  have  power  to  grant  any  extra  compensation, 
fee,  or  allowance  to  any  public  officer,  servant,  or  em- 
ploye, agent  or  contractor,  after  services  shall  have  been 
rendered  or  contract  made;  nor  shall  any  officer  of  the 
State  bind  the  State  to  the  payment  of  any  sum  of 
money  but  by  authority  of  law. 

Mr.  Jones,  of  Wilcox,  offered  the  following  amend- 
ment to  Section  26 : 

Provided,  This  section  shall  not  apply  to  allowance, 
made  by  Commissioner's  Court  or  Boards  of  Revenue,  to 
icounty  officers  for  ex-officio  services. 

The  amendment  of  Mr.  Jones,  of  Wilcox,  was  adopted. 


856  Journal  of  Alabama 

Mr.  Howze  offered  the  following  amendment  to  Sec- 
tion 2G,  wliieli  was  adopted: 

Amend  hy  inserting  after  the  word  "made"  in  the 
fifth  line,  the  words  "nor  to  increase  or  decrease  the  fees 
and  compensation  of  snch  oflQcers  during  their  term  of 
office." 

On  motion  of  Mr.  Gates  Section  2G,  as  amended,  was 
adopted. 

SECTION   TWENTY-SEVEN. 

Sec.  27  During  any  regnlar  session  of  the  Legislar 
ture  the  aggregate  appropriations  made  shall  not  exceed 
in  amount  the  income  from  the  revenues  of  the  State  for 
the  current  fiscal  year,  as  estimated  by  the  Governor- 
and  Auditor. 

Was  read  at  length. 

By  unanimous  consent  the  word  ''annual"  was  in- 
serted before  the  word  ''appropriations''  and  after  the 
word  "aggregate." 

Mr.  Jones,  of  Wilcox,  offered  the  following  substi- 
tute for  Section  27 : 

During  any  regular  session  of  the  Legislature  the  ap- 
propriation nmde  for  each  of  the  four  years  before  the 
next  meeting  of  the  Legislature  shall  not  exceed  in 
amount  the  income  from  the  resources  of  the  State  for 
each  of  said  years,  respectively,  as  estimated  by  the 
Governor  and  Auditor." 

Mr.  Merrill  moved  to  table  the  section  and  amend- 
ments. 

The  motion  wais  lost. 

Mr.  Pettus  offered  the  following  substitute  for  Sec- 
tion 27  and  the  substitute  offered  l)y  Mv.  Jones,  of  Wil- 
cox: 

Sec.  27.  During  any  regular  session  of  the  Legisla- 
ture the  aggregate  appropriation  made  shall  not  exceed 
in  amount  the  income  from  the  revenues  of  the  State 
available  before  the  last  day  of  thp  next  regular  session 
of  the  Legislature,  as  estim'ated  l)y  tlu^  Govei-nor  and 
Auditor. 


Constitutional  Convention. 


857 


On  motion  of  Mr.  Gates,  the  substitute  of  Mr.  Pettus 
was  laid  upon  the  table. 

The  question  recurred  upon  the  adoption  of  the  sub- 
stitute otfered  by  Mr.  Jones,  of  Wilcox,  for  Section  27, 

The  substitute  was  adopted. 

The  question  was  upon  the  adoption  of  Section  27  as 
amended. 

Section  27,  as  amended,  was  adopted  :  Yeas,  92 ;  naj' s,. 
30. 

YEAS. 


Messrs.  President, 

Altman, 

Barefield, 

Bethune, 

Boone, 

Browne, 

Burns, 

Byars, 

Cardon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham,   . 

Davis  (DeKalb), 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foster, 

Freeman, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega). 


Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Harrison, 

Heflin  (Randolph), 

Hodges, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Wilcox), 

Kirk, 

Knighl, 

Kyle, 

Leigh, 

T.ocklin, 

Long  (Walker), 

!Macdonald, 

^McMillan  (Baldwin) 

Mc:\rillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Miller  (Wilcox), 

^  Foody, 

^furphree, 

NeSmith, 

Gates, 


ms 


JouENAL  OF  Alabama 


Opp, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearee, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

IJeevse, 

Reynolds  (Henry), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

:Searcy., 


Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sorrell, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Vaughan, 

Whiteside, 

Williams  (Barbour), 

Williams  ( Marengo ) , 

Wilson  (Clarke), 

Wilson  (Washington) 

Winn— 1)2. 


NAYS. 


llessrs.  Banks, 
Beddow, 
Blackwell, 
Brooks, 
Bulger, 

Carmichael  (Colbert), 
Davis  (Etowah), 
Foshee, 
Haley, 
Hood, 

Jones  (Bibb), 
Jones  (Montgomery), 
Kirkland, 
Lomax, 
Merrill, 


Norman, 

O'Neal  (Lauderdale), 

O'Neill,   (Jefferson), 

O'Rear, 

Pettus, 

I\eynolds  (Chilton), 

Robinson, 

Selheimer, 

Sollie, 

Spears, 

Thompson, 

Waddell, 

Watts, 

Weaklev, 

White— 30. 


RECONSIDERATION. 


Messrs.  Coleman  of  Greene,  and  Long,  of  Walker, 
gave  notice  that  on  to-morrow  they  would  move  to  re- 
i^onsider  the  vote  by  which  Section  27  was  adopted. 


Constitutional  Convention.  859 

section  twenty-eight. 

Was  read  at  length  as  follows: 

Sec.  28.  All  stationer^',  printing,  paper  and  fuel  used 
in  the  legislative  and  other  departments  of  government 
shall  be  furnished  and  the  printing  and  distribution  of 
laws,  Journals,  department  reports  and  all  other  print- 
ing and  binding  and  repairing  and  furnishing  the  halls 
and  rooms  used  for  the  meeting  of  the  Legislature  and 
its  committees,  shall  be  performed  under  contract,  to 
be  given  to  the  lowest  responsible  bidder  below  a  maxi- 
mum price,  and  under  such  regulations  as  shall  be  pre- 
scribed by  law ;  no  member  or  officer  of  any  department 
of  the  government  shall  be  in  any  way  interested  in  such 
contracts,  and  all  such  contracts  shall  be  subject  to  the 
approval  of  the  (Tovernor,  Auditor  and  Treasurer. 

Mr.  Pillans  offered  the  following  amendment  to  Sec- 
tion 28  : 

Amend  Section  28  by  adding  at  the  end  thereof  the 
following  words :  The  Legislature  may,  however,  pro- 
vide that  for  such  supplies  or  printing  no  bid  from  any 
non-resident  person  or  foreign  corporation  shall  be  con- 
sidered. 

And  by  striking  out  the  period  at  the  end  of  the 
section  and  inserting  a  semicolon  instead. 

The  amendment  of  Mr.  Pillans  was  lost. 

Section  28  was  adopted. 

reconsideration. 

Mr.  Beddow  gave  notice  that  on  to-morrow  he  would 
move  to  reconsider  the  vote  by  wliich  Section  28  was 
adopted. 

]Mr.  Samford  moved  a  suspension  of  the  rules  for  the 
purpose  of^  immediate  reconsideration  of  the  vote  by 
which  Section  28  was  adopted. 

The  nuvtiou  to  suspend  the  rules  prevailed. 

Thereupon  Mr.  Samford  moved  to  reconsider  the  vote 
by  which  Section  28  was  adopted,  and  moved  to  table 
his  motion  to  reconsider. 

Thf  u'otion  prevaile<l,  and  the  motion  to  reconsider 
was  laid  upon  the  table. 


860  JouuxAL  OF  Alabama 

SECTION   TWENTY-NIXE. 

Was  read  at  length  as  follows : 

Sec.  29.  All  bills  for  raising  revenue  shall  originate- 
in  the  House  of  Representatives;  but  the  Governor, 
Auditor,  Treasurer  and  Attorney  General  shall,  before 
each  regular  session  of  the  Legislature,  prepare  a  gen- 
eral revenue  bill,  to  be  submitted  to  the  Legislature  for 
its  action,  and  the  Secretary  of  State  shall  have  printed 
for  the  use  of  the  Legislature  a  sufficient  number  of 
copies  of  the  bill  so  prepared  which  the  Governor  shall 
transmit  to  the  House  of  Representatives  as  soon  as  or- 
ganized. The  Senate  ma}^  propose  amendments  to  reve- 
nue bills.  No  appropriation  or  revenue  bill  shall  be 
passed  during  the  last  five  days  of  the  session. 

By  unanimous  cousent  the  word  "treasurer"  before 
the  word  "and"  and  after  the  word  "auditor"  was 
stricken  out. 

Mr,  Vaughan  offered  the  following  substitute  for 
Section  29 : 

All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives;  but  the  Senate  may  propose 
amendments,  as  in  other  bills. 

Mr.  Boone  offered  the  following  substitute  for  the 
substitute  oft'ered  by  Mr.  Vaughan : 

Sec.  29.  All  bills  for  raising  revenue  shall  originate 
in  the  House  of  Representatives,,  the  Governor,  Audi- 
tor and  Attorney  General  shall,  before  each  regular  ses- 
sion of  the  Legislature  prepare  a  general  revenue  bill  to 
be  submitted  to  the  Legislature  for  its  action,  and  the 
Secretary  of  State  shall  have  printed  for  the  use  of  the 
Legislature  a  sufficient  nundier  of  copies  of  the  bills  so 
prepared  which  the  Governor  shall  transmit  to  the 
House  of  Representatives  as  soon  as  organized,  to  he 
dealt  with  or  used  as  that  House  may  elect.  The  Sen- 
ate may  propose  amendments  to  revenue  bills.  No  ap- 
propriation or  revenue  bill  shall  be  passed  during  the 
last  five  days  of  the  session. 

Mr.  Louuix  made  the  point  of  order  that  the  substi- 
tute offered  l)y  ^Ir.  Boone  was  out  of  order  in  that  there 
could  not  be  a  substitute  to  a  substitute. 


Constitutional  Convention.  861 

adjournment. 

Pending  the  further  consideration  of  the  report  of 
"the  Committee  on  Legishitive  Department,  the  hour  of 
6  o'eloclv  p.  m.  arrived,  under  tlie  rules  the  Convention 
adjourned  until  to-morrow  morning  at  9:30  o'clock. 


FORT Y-XI NTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Friday,  July  19,  1901. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  bv  Eev.  Mr.  McDaniel  of  the  citv 


roll  call. 


On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Chapman, 

Almon, 

Cobb, 

Altman, 

Cofer, 

Banks, 

Coleman  (Greene), 

Barefield, 

Cornwell, 

Beddow, 

Craig, 

Bethune, 

Cunningham, 

Blackwell, 

Davis  (DeKalb), 

Boone, 

Davis  (Etowah), 

Brooks, 

Dent, 

Browne, 

deGraffenried, 

Bulger, 

Duke, 

Burnett, 

Eley, 

Burns, 

Eyster, 

Cardon, 

Ferguson, 

Carmichael 

(Colbert), 

Fifths, 

862 


Journal  of  Alabama 


Fletcher, 
Foshee, 
Glover, 

Graham  ( Talladega ) , 
Grant, 
Grayson, 
Greer  (Calhoun), 
Greer  (Perry), 
Haley, 
Hand  ley, 
Harrison, 

Heflin  (Chambers), 
Heflin  (Randolph), 
Henderson, 
Hinson, 
Hood, 
Howell, 
Howze, 
Inge, 
Jackson, 
Jones  (Bibb), 
Jones  ( Montgomery ) , 
Jones  (Wilcox), 
Kirk, 
Kirkland, 
Knight, 
Kyle, 
Leigh, 
Locklin, 
Lomax, 

.  Long  (Butler), 
Macdnnald, 
:\rcMillan  (Baldwin), 
McMillan  (Wilcox), 
^Falone, 
Martin, 
Maxwell, 
Merrill, 


Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Murphree, 

NeSmith, 

Norman, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Bear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 
Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Robinson, 

Ixogers  ( Lowndes) , 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 
Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Shian, 

S:uith  CVfobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 


Constitutional  Convention.  863^ 

Spragins,  Weakley, 

Stewart,  Weatherly^ 

Studdard,  White, 

Tayloe,  Whiteside, 

Thompson,  Willett, 

Vaughan,  Williams  (Barbour), 

Waddell,  Williams  (Marengo), 

Walker,  W-'ilson  (Washington), 

W^atts,  AVinn— 127. 

LEAVE  OF  ABSENCE. 

• 

Was  granted  to  Messrs,  Waddell  for  to-morroAV ;  Led- 
better  for  to-morrow  and  Monday ;  Porter  for  Saturday, 
Monday  and  Tuesday;  and  Kirkland  for  to-morrow; 
Foster  for  to-day  and  to-morrow ;  W^eatherly  for  to-day ; 
Thompson  for  to-da,y;  Grayson  and  Inge  for  Saturday 
and  ^Monday;  Reynolds  of  Chilton  for  to-day;  Howze  for 
Saturday;  Jones  of  Bibb  for  Saturday  and  ^Monday; 
F'oshee  for  this  afternoon  and  to-morrow. 

REPORT  OF  THE  COMMITTEE  ON   THE   .JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg"  leave  to  report 
that  they  have  examined  the  Journial  for  the  forty- 
eighth  day  of  the  Convention,  and  that  the  same  is  cor- 
rect. 

Respectfully  submitted, 

John  F.  Proctor,  (Iminuan. 

STENOGRAPHIC  REPORT. 

Mr.  deGraffenried  called  the  attention  of  the  Conven- 
tion to  certain  errors  in  the  stenographic  report  of  the- 
proceedings  of  yesterday. 

The  report  was  ordered  corrected. 


864  Journal  of  Alabama 

question  of  personal  privilege, 

Mr.  Watts  arose  to  a  question  of  personal  privilege, 
and  proceeded  to  state  his  question  of  privilege. 

REPORTS  OF  STANDING  COMMITTEES. 

Mr.  O'Neal,  of  Lauderdale,  acting  chairman  of  the 
Committee  on  Kules,  reported  favorably  the  following 
resolution,  which  was  read  at  length  and  adopted : 
Eesolution  255,  by  the  Rules  Oonimittee : 
Resolved,  That  the  rules  of  the  Convention  limiting 
debate  be  suspended  when  the  report  of  the  Suffrage 
Committee  is  taken  up  for  consideration,  and  that  each 
delegate  be  allowed  to  speak  once  and  not  longer  than 
thirty  minutes  upon  any  proposition  presented  by  the 
reiwrt  of  the  committee  or  any  amendment  thereto,  ex- 
cept that  the  chairman  of  the  committee  or  mover  of 
the  amendment,  or  such  delegate  as  such  chairman  or 
mover  may  yield  his  time  to,  may,  after  the  previous 
question  has  been  ordered  close  the  debate,  and  in  so 
doing  may  speak  for  a  like  period  of  thirty  minutes; 
provided  that  the  time  here  limited  may  be  extended  by 
a  majority  of  the  delegates  voting  without  a  suspension 
of  the  rules. 

REPORT  OF  THE  COMMITTEE  ON  JUDICIARY. 

Mr.  Smith,  of  Mobile,  chairman  of  the  Committee  on 
Judiciary,  reported  favorably  the  following  ordinance, 
which  was  read  at  length,  and  moved  that  the  rules  be 
suspended  and  that  the  ordinance  be  adopted: 

Ordinance  42J:,  by  Judiciary  Committee. 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assembled,  that  this  Convention  shall  continue  in 
session  until  it  shall,  by  careful  revision  and  amend- 
ment of  the  i)resent  Constitution,  frame  and  adopt  a 
revised  Constitution  for  this  State. 

Be  it  further  ordained,  that  during  the  time  this  Con- 
vention shall  so  continue  in  session,  the  officers  thereof 
:shall  receive  the  same  compensation,  payable  out  of  the 


Constitutional  Convention. 


865 


treasury  of  the  State,  as  correspondin*;  officers  of  the 
House  of  Representatives  are  b}"  hiw  aUowed;  and  that 
the  dele«i,'ates  shall  receive  for  their  services  the  same 
per  diem  and  mileaiie  from  the  treasury  of  the  State  as 
is  allowed  the  members  of  the  General  Assembly.  The 
payment  shall  be  made  on  the  certificates  of  the  Presi- 
dent and  Secretary  of  the  Convention,  to  the  Auditor 
of  the  State,  as  payment  of  compensation  to  members 
of  the  General  Asseud)ly  is  by  law  directed  to  be  made. 

The  motion  to  suspend  the  rules  prevailed. 

Mr,  White  offered  the  following  amendment  to  the 
ordinance. 

Amend  by  striking'  out  all  of  said  ordinance  after  the 
words  "by  law  allowed." 

Mr.  Fitts  moved  to  table  the  amendment. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table:  Yeas,  110;  nays,  12. 

YEAS. 


Messrs.  Almon, 

Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bethune, 

Black  well, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Cardon, 

Carmichael  (Colbert" 

Chapman, 

<^oleman  (Greene), 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

.55 


deGraffenried, 

Duke, 

Eley, 

Eyster, 

Rspy, 

Ferguson, 

Fitts, 

Fletcher, 

I'^oshee, 

Freeman; 

Glover, 

Graham  ( Montgomery ) , 

G  rayson, 

i  :ieer  (Calhoun), 

<^rreer  (Perry), 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Ronderson, 

ninson, 


866 


Journal  of  Alabama 


HodgeSy 

Hood, 

Howelly 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  ( Wilcox )\ 

Knight, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

^facdonald, 

McMillan  (Baldwin), 

:NtcMillan  (W^ikox), 

Malone, 

^laxwell, 

Merrill, 

Miller  (Wilcox),  ^ 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Oates, 

O'Neal  (Lauderdale), 

Op]., 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pea  roe, 

Messrs.  Beddow, 

Burns, 

Tobb, 

Cofer, 

Jcmes  (Montgomery)', 

Kirk, 


Pet  t  us,. 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Reynolds  ( Henry  )y 

Rogers  ( Lowndes  )y 

Samford, 

Zanders, 

fcSLinford, 

Searcy, 

Selheimer, 

Senteil, 

fimith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M.,. 

Sorrel  1, 

Spears, 

Stewart, 

Studdard, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Whiteside, 

Williams  ( Barbour )y 

Williams  (^Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington), 

Winn— 110. 


NAYS. 


Kirkland, 
Lowe  (Jefferson), 
O'Neill  (Jefferson), 
Kobinson, 
Spragins, 
White— 12. 


Constitutional  Convention. 


867 


The  question  recurred  upon  the  adoption  of  the  ordi- 
nance above  set  out. 

The  ordinance  was  adopted :  Yeas,  108 ;  nays,  13. 


YEAS. 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulp:er, 

Cardon, 

Carmichael  (Colbert), 

Chapman, 

Coleman  (Greene), 

Cornwell, 

Cunning:ham, 

Davis  (beKalb), 

Davis  (Etowah), 

Dent, 

deOraffenried, 

Duke, 

Eley, 

Evster, 

Ferguson, 

Fitts, 

Fletcher, 

Foshes, 

Freeman, 

Glover, 

Graham  ( Montgomery ) , 

Grayson, 

Greer  (Calhoun), . 


Greer  (Perry), 

Handley, 

Heflin  (Chambers), 

Heiain  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Wilcox), 

Knight, 

Leigh,* 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson)^ 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Maxwell, 

^Merrill, 

Miller  (Wilcox), 

Moody, 

Mulkey, 

]Murphree, 

Norman, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 


868 


Journal  of  Alabama 


O'Rear, 

l*arker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Henry), 

Rogers  (Lowndes), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Smith  (Mobile), 


Smith,  Mac.  A., 
Smith,  Morgan  M. 
Sorrell, 
Spears, 
Stewart, 
Studdard, 
Taj'loe, 
Vaughan, 
Waddell, 
^yalker, 
Watts, 
Weakley, 
Whiteside, 

Williams  (Barbour), 
Williams ,  ( Marengo ) , 
Williams  (Elmore), 
Wilson  (Clarke), 
Wilson  (Washington), 
Winn— 108. 


NAYS. 


Messrs.  Beddow, 

Burns, 

Cobb, 

Cofer, 

Harrison, 

Jones  ( Montgomery ) . 

Kirkland, 


Kyle, 

Palmer, 

Robinson, 

Sloan, 

Spragins, 

White— 13. 


UNFINISHED  BUSINESS. 


The  Convention  proceeded  to  the  consideration  of 
unfinished  business. 

Mr.  O'Neal,  of  Lauderdale,  moved  that  the  articles 
on  Local  Legislation,  State  and  County  Boundaries, 
and  Banks  and  Banking  be  taken  up  for  a  third  reading 
aiid  adoption.  The  motion  prevailed,  and  thereupon 
the  article  on  Local  Legislation  was  taken  up  and  read 
a  third  time  at  length  as  folloAvs : 

An  ordinance  concerning  Local  Legislation. 


Constitutional  Convention.  869 

Be  it  ordained  by  the  people  of  Alabama  iu  Conven- 
tion assembled,  That  the  following  article  on  Local  Leg- 
islation be  inserted  in  the  Constitution : 

ARTICLE  


local  legislation. 

Section  1, — The  General  Assembly  shall  not  pass  a 
special,  private  or  local  law  in  any  of  the  following 
cases : 

First — Granting  a  divorce. 

Second — Relieving  any  minor  of  the  disabilities  of 
non-age. 

Third — Changing  the  name  of  any  corporation,  asso- 
ciation or  individual. 

Fourth — Providing  for  the  adoption  or  legitimiz- 
ing of  any  child. 

Fifth — Incorporating  a  town,  city  or  village. 

Sixth — Granting  a  charter  to  any  corporation,  asso- 
ciation or  individual. 

Seventh — Establishing  rules  of  descent  or  distribu- 
tion. 

Eighth — Regulating  the  time  within  which  a  civil  or 
criminal  action  may  be  begun. 

Ninth — Exempting  any  individual,  private  corpora- 
tion or  association  from  the  operation  of  any  general 
law. 

Tenth — Providing  for  the  sale  of  the  property  of  any 
individual  or  estate. 

Eleventh — Changing  or  locating  a  county  seat. 

Twelfth — Providing  for  a  change  of  venue  11  any 
case. 

Thirteenth — Regulating  the  rate  of  interest. 

Fourteenth — Fixing  the  punishment  of  crime. 

Fifteenth — Regulating  either  the  assessment  or  col- 
lection of  taxes,  except  in  connection  with  the  readjust- 
ment, renewal  or  extension  of  existing  municipal  in- 
debtedness, created  prior  to  the  adoption  of  the  Const- 
tution  of  1875. 


870  Journal  of  Alabama 

Sixteenth — Giving  effect  to  an  invalid  will,  deed  or 
other  instrument. 

Seventeenth — Authorizing  any  county,  township, 
city,  town  or  village  to  issue  bonds  or  other  security, 
except  in  cases  in  which  the  issuance  of  said  bonds  or 
other  securities  has  been  authorized  by  a  vote  of  the 
duly  qualified  electors  of  such  county,  township,  city, 
town  or  village,  at  an  election  held  for  such  purpose  in 
the  manner  that  may  be  prescribed  by  law;  provided, 
the  General  Assembly  may  pass  special  laws  to  refund 
bonds  issued  before  the  date  of  the  ratification  of  this 
Constitution, 

Eighteenth — Amending,  confirming  or  extending  the 
charter  of  any  private  municipal  corporation  or  remit- 
ting the  forfeiture  thereof. 

Nineteenth— Creating,  extending  or  impairing  any 
lien. 

Twentieth — Chartering  or  licensing  any  ferry,  road 
or  bridge. 

Twenty-first — Increasing  the  jurisdiction  and  fees 
of  Justices  of  the  Peace,  or  the  fees  of  Constable. 

Twenty-second — Establishing  separate  school  dis- 
tricts. 

Twenty-third — Establishing  separate  stock  districts. 

Twenty-fourth — Creating,  increasing  or  decreasing 
fees,  percentage  or  allowance  of  public  officers. 

Twenty-fifth — Exempting  pioperty  from  taxation  or 
from  levy  or  sale. 

Twenty-sixth — Exempting  any  person  from  jury, 
road  or  otl'er  civil  duty. 

Twenty-seventh — Donating  any  land  owned  by  or 
under  control  of  the  State  to  any  person  or  corporation. 

Twentv-eightli — Remitting  fines,  penalties  or  forfeit- 
ures. 

Twenty-ninth — Providing  for  the  conduct  of  elections 
or  designating  places  of  voting,  or  changing  the  boun- 
daries of  wards,  precincts,  districts,  except  on  the  or- 
ganization of  new  counties,  and  cluinging  the  lines  of 
old  counties. 


Constitutional  Convention.  871 

Thirtieth — Kestoriiig  the  right  to  vote  to  persons 
icoiivieted  of  infamous  crimes  or  crimes  involving  moral 
turpitude. 

Thirty-first — Declaring  who  shall  be  liners  bet\\'een 
•counties. 

No  special,  private  or  local  law,  except  a  law  fixing 
the  time  of  holding  court,  shall  be  enacted  in 
.any  case,  which  is  provided  for  by  a  general 
law,  or  when  the  relief  sought  can  be  given  by  any  court 
of  tlii'S  State,  and  the  courts,  and  not  the  (rcueral  As- 
sembly shall  judge  as  to  whether  the  matter  of  said  law 
is  provided  for  by  a  general  law,  and  as  to  whether  the 
relief  sought  can  be  given  by  any  court;  nor  shall  the 
General  Assembly  indirectly  enact  any  such  special, 
private  or  local  law  by  the  partial  repeal  of  a  general 
law. 

The  General  Assembly  shall  pass  general  laws  for  the 
cases  enumerated  in  this  section;  provided,  that  noth- 
ing in  this  section  or  'article  shall  affect  the  right  of  the 
Legislature  to  enact  local  laws  regulating  or  prohibit- 
ing the  liquor  traffic;  provided,  that  the  notice  is  given 
as  required  in  Section  2  of  this  Article. 

Sec.  2. — No  special,  private  or  local  law  shall  be 
passed  on  any  subject  not  enumerated  in  Section  1  of 
this  article,  except  in  reference  to  fixing  the  time  of  hold- 
ing courts,  unless  notice  of  the  intention  to  apply  there- 
for shall  have  been  published,  without  cost  to  the  State, 
in  the  county  or  counties  where  the  matter  or  thing  to 
be  affected  may  be  situated,  which  notice  shall  state  the 
substance  of  the  proposed  law,  and  be  published  at  least 
once  a  week  for  four  consecutive  weeks  in  some  news- 
paper, or  if  there  is  no  newspaper  published  in  the 
count3%  by  posting  the  said  notice  for  four  consecutive 
weeks  at  five  different  public  places  in  the  county  or 
counties,  prior  to  the  introduction  of  the  bill;  and  the 
evidence  that  said  notice  has  been  given  shall  be  ex- 
hibited to  each  House  of  the  General  Assembly,  and  the 
fact  of  said  notice  spread  upon  the  Journal.  The  courts 
shall  pronounce  void  every  local  law  which  the  Journals 
do  not  affirmatively  show  was  passed  in  accordance 
with  the  provisions  of  this  section. 


872  Journal  of  Alabama 

!!^ec.  3. — The  General  Assembly  may  repeal  or  modify 
by  a  special,  priyate  or  local  la\y  am'  special,  priyate  or 
local  law  upon  m^tice  being  giyen  and  shown,  as  pvo- 
yided  in  the  last  preceding  section. 

Sec.  4t. — The  operation  of  no  general  law  shall  be  sus- 
pended for  the  benefit  of  any  indiyidnal,  priyate  cor- 
poration or  association,  nor  shall  any  indiyidnal, 
priyate  corporation  or  association  be  exempted 
from  the  operation  of  any  general  law,  except  as  in  this 
article  othei'syise  proyided. 

Sec.  5. — The  General  Assembly  shall  pass  general 
laws  under  Ayhich  local  and  priyate  interests  shall  be 
proyided  for  and  protected. 

Sec.  6. — A  general  law,  within  the  meaning  of  this 
article,  is  a  la^y  which  applies  to  the  whole  State ;  a  local 
law  is  a  law  Ayhich  applies  to  any  political  subdiyision- 
or  subdiyisions  of  the  State  less  than  the  whole — a  spe- 
cial or  priyate  la^y,  within  the  meaning  of  this  article, 
is  one  which  applies  to  an  indiyidnal,  association  or 
corporation. 

Sec.  7. — No  l>ill  introduced  as  a  general  law  into 
either  House  of  the  General  Assembly  shall  be  so  amend- 
ed in  its  passage  as  to  become  a  special,  priyate  or  local 
law. 

The  article  was  adopted  and  referred  to  the  C(unniit- 
tee  on  Order,  Consistency  and  Harmony  of  the  Whole 
Constitution.  Yeas,  99;  nays,  14. 

YEAS. 

Messrs.  President,  Burnett, 

Altman,  Rums, 

Banks.  Cardon, 

Rarefield,  f'hapman, 

Beddow,  Cobb, 

Beth  11  no,  Cofer, 

Blackwell,  Coleman  f Greene), 

Boone,  Cornwell, 

Brooks.  Craig, 

Browne,  Cunningham, 

Bulger,  Davis  (DeKalb), 


Constitutional  Convention. 


873- 


Davis  (Etowah), 

Duke, 

Eley, 

Espy, 

Ferguson, 

Fletcher, 

Glover, 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (AVilcox), 

Knight, 

Kyle, 

Leigh, 

Ijocklin, 

Lomax, 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Mai  one, 

Martin, 

Maxwell, 

Miller  (Wilcox), 

Moody, 

Murphree, 


NeSmith, 

Norman, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pearce, 

P'Uans, 

Reese, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spragins, 

Stewart, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Washington),. 

Winn— 99. 


-874 


Journal  of  Alabama 


NAYS. 


Messrs.  Carmicliael, 

(Colbert), 
Dent, 

deGraffenried, 
Foshec, 
Freeman, 
Henderson, 
Kirk. 


Kirkland, 

Long  (Walker), 

Merrill, 

Pettus, 

Spears, 

Studdard, 

Wilson  (Clarke) 


-14. 


The  Article  on  State  and  County  Boundaries  was 
read  a  third  time  at  length  as  follows,  and  adopted,  and 
referred  to  the  Committee  on  Order,  Consistencv  and 
Harmony  of  the  Whole  Constitution:  Yeas,  107;  nays, 


Messrs.  President, 

Almoix, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Cardon, 

"Chapman, 

Cobb, 

Coleman  (Greene), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis,   (Etowah), 


YEAS. 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fletcher, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, ' 

Hood, 

Howell, 

Howze, 


Constitutional  Convention. 


875 


Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirii;, 

Knight, 

Kyle, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

jMalone, 

Martin, 

Maxwell, 

Merrill, 

Miller   (Wilcox), 

Moody, 

NeSmith, 

Norman, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  ( Cullman ) , 


Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Proctor, 

liOl)iuson, 

Rogers  (Lowndes), 

Sanders, 

Searcy, 

Selheimer, 

Sentell, 

Smith  (Mobile), 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Weakley, 

White,  ^ 

Whiteside, 

Williams   ( Barbour) , 

Williams  (Elmore), 

Wilson  (Clarke) 

Wilson  (Washington), 

Winn— 107. 


nays. 


INfessrs.  Cofer, 

Fitts, 

Fosliee, 

Freeman, 

Mulkey, 

Oates, 


Porter. 

Reynolds  (Henry), 

Sanford, 

Sloan, 

Smith,  Mac.  A., 

Studdard, 


876  Journal  of  Alabama 

An  ordinance  to  create  and  define  the  State  and. 
County  Boundaries,  and  to  regulate  the  h>cation  of 
county  sites  and  tlie  formation  of  ne\y  counties. 

Be  it  ordained  b}'  the  people  of  Alabama,  in  Conyen- 
tion  assembled,  that  Article  II  of  the  Constitution  be 
stricken  out  and  the  folloAying  article  inserted  in  lieu 
thereof : 

ARTICLE  II. 

State  and  County  Boundaries,  County  Sites  and  New 
Counties. 

Section  1. — The  boundaries  of  this  State  are  estab- 
lished and  declared  to  be  as  follows,  that  is  to  say : 

Beginning  at  the  point  whex'e  the  31st  degree  of  north 
latitude  crosses  the  Perdido  riyer;  thence  east  to  the 
west  boundary  line  of  the  State  of  Georgia ;  thence  along 
said  line  to  the  southern  boundary  line  of  the  State  of 
Tennessee;  thence  west  along  the  southern  boundary 
line  of  the  State  of  Tennessee,  crossing  the  Tennessee 
riyer  and  on  to  the  second  intersection  of  said  riyer  by 
said  line ;  thence  up  said  riyer  to  the  mouth  of  Big  Bear 
creek,  thence  T)y  direct  line  to  the  northwest  corner  of 
Washington  county,  in  this  State,  as  originally  formed; 
thence  southerly  along  the  line  of  the  State  of  Mississ- 
ippi, to  the  Gulf  of  Mexico ;  thence  eastwardly,  includ- 
ing all  islands  within  six  leagues  of  the  shore,  to  the 
Perdido  riyer,  thence  up  the  said  riyer  to  the  beginning; 
proyided  that  the  limits  and  jurisdiction  of  this  State 
shall  extend  to  and  include  any  other  land  and  terri- 
tory now  acquired  or  hereafter  acquired  by  contract  or 
agreement  with  other  States,  or  otherwise,  although 
such  land  and  territory  are  not  included  within  the 
boundaries  hereinbefore  designated. 

Sec.  2. — The  boundaries  of  the  seyeral  counties  of 
this  State  as  they  now  exist  are  hereby  ratified  an<l  con- 
firmed. 

Sec.  3. — The  General  Assembly  may,  by  a  yote  of  two- 
thirds  of  both  Houses  thereof,  arrange  and  designate 
boundaries  for  the  seyeral  counties  of  tliis  State,  which 
boundaries  shall  not  be  altered,  except  by  a  like  yote; 


Constitutional  Convention.  877 

but  no  new  counties  shall  be  liei-eafter  foruKHl  of  less  ex- 
tent than  GUO  sciuare  miles,  and  no  existini;'  connty  shall 
be  reduced  to  less  than  (JOO  square  miles;  and  no  new 
count^^  shall  be  formed  which  does  not  contain  a  suffi- 
cient nund)er  of  inhabitants  to  entitle  it  to  one  Kepre- 
sentative  under  the  ratio  of  representation  existin,!*'  at 
the  time  of  its  formation,  and  leave  the  county  or 
counties  from  which  it  is  taken  without  the  required 
number  of  inha'bitants,  entitlinii'  such  county  or  counties 
to  separate  representation;  provided  that  out  of  the 
counties  of  Henry,  Dale  and  Geneva  a  new  county  may 
be  formed  under  the  provisions  of  this  articde  for  form- 
inii  ueAV  counties,  so  as  to  leave  said  counties  of  Henry, 
Dale  and  Geneva  with  not  less  than  500  S(|uare  miles 
each. 

Sec.  4. — No  country  line  shall  be  altered  or  chanoed, 
or  in  the  creation  of  new  counties,  shall  })e  established, 
so  as  to  run  within  seven  miles  of  the  county  court  house 
of  any  old  county. 

Sec.  5. — No  coutity  site  shall  be  removed  except  by 
a  majority  vote  of  the  qualified  electors  of  said  county, 
votiii"'  in  an  election  held  for  such  purpose,  and  when 
an  election  has  once  been  held  for  such  purpose  no  other 
election  can  be  held  for  such  purpose  until  the  expira- 
tion of  four  years;  provided,  that  the  county  site  of 
Shelby  county  of  this  State  shall  be  and  remain  at  Co- 
lumbiana, unless  removed  by  a  vote  of  the  people  as  pro- 
vided for  in  an  act  entitled  "An  act  to  provide  for  the 
permanent  location  of  the  county  site  of  Shelby  county, 
Alabama,  by  a  vote  of  the  qualified  electors  of  said 
county,''  approved  the  9tli  day  of  February,  1899;  and 
the  act  amendatory  thereto,  approved  the  20th  day  of 
P^bruary,  1899,  or  by  an  election  held  under  the  pro- 
visions of  this  article. 

YEAS. 

Messrs.  President.  Banks, 

Almon,  Rarefield, 

Altman,  Beddow, 

Ashcraft,  Bethune, 


878 


Journal  of  Alabama 


Blackwell, 
Boone, 
Brooks, 
Browne, 
Bulger, 
Burnett, 
Burns, 
Cardon, 
Chapman, 
Cobb, 

Coleman  (Greene), 
Craig, 

Cunningham, 
Duvis  (DeKalb), 
Davis  (Etowah), 
Dent, 

(leGraffenried, 
Duke, 
Elev, 
Eyster, 
Espy, 
Ferguson, 
Fletcher, 

Graham  (Montgomery), 
Graham  { Talladega ) . 
Grayson, 

Greer  ( Calhoun ) , 
Haley, 
Handley, 
Harrison, 

Heflin  (Chambers), 
Heflin  ^ Randolph), 
Henderson, 
Hinson, 
Hodges, 
Hood. 
Howell, 
Howze, 
luue, 
Jar-V^o". 
Jenkins, 
Jones  (Bibb), 


Jones  (Montgomery),. 
Jones  (Wilcox), 
Kirk, 
Knight, 
Kyle, 
Leigh, 
Locklin, 
Lomax, 

Long  (Butler), 
Long  (Walker), 
Macdonald, 
McMillan  (Baldwin),. 
McMillan  (Wilcox), 
Malone, 
Martin, 
Max\v.-ll, 
Merrill, 

Miller  (Wilcox), 
Moody, 
NeSmith, 
Norman, 

O'Neal  (Lauderdale),. 
O'Neill  (Jefferson), 
Opp, 
O'Hear, 
Palmer, 

Parker  (Cullman), 
Parker  ( Elmore ) , 
Pearce, 
Pettus, 
Pi  nans, 
Pitts, 
Prncror, 
Robinson, 
Rogers  ( Lowndes) , 
Sanders, 
Searcy, 
Selheiraer, 
Sentell, 

Smith  (]\[obile). 
Smith,  ^lorgan  M. 
Sorrell, 


Constitutional  Convention. 


879^ 


Spears, 

Spragins, 

Stewart, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Weakley, 


Messrs.  Cofer, 

Fitts, 

Foshee, 

Freeman, 

Mulkey, 

Gates, 


White, 
Whiteside, 

Williams  (Barbour), 
Williams  (Elmore), 
Wilson  (Clarke), 
Wilson  (Washington), 
Winn— 107. 


NAYS. 


Porter, 

Reynolds  (Henry), 

San  ford, 

Sloan, 

Smith,  Mac.  A., 

Studdard— 12. 


The  article  on  Banks  and  Banking  was  read  a  third, 
time  at  length,  as  follows,  and  adopted,  and  referred 
to  the  Committee  on  Order,  Consistency  and  Harmony 
of  the  Whole  Constitution :  Yeas,  108 ;  nays,  7. 


YEAS. 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

CardoUy 


Carmichael  (Colbert), 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (Etowah), 

Dent, 

Duke, 

Espy, 

Ferguson, 

Fitfs, 

Fletcher, 

Glover, 

Graham  (^[ontgomery)^ 


880 


Journal  of  Alabama 


Graham  (Talladega), 

Grayson, 

Greer  (Oalhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflln  (Randolph), 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Kyle, 

Leigh, 

Locklin, 

Lomax, 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Miller  (Wilcox^ 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Gates, 


O'Neal  (Lauderdale). 

O'Neill  (Jefferson), 

Opp, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Smith,  Mac.  A, 

Smith,  Morgan  M.. 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Vaughan, 

Waddell, 

Weakley, 

White,  " 

Whiteside, 

Williams  (Barbour), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  ( Washington) , 

Winn— 108. 


Constitutional  Convention.  881 

NAYS. 

;Messrs.,  deGraffenried,  Henderson, 

.Eley,  -Long  (Butler), 

Foshee,  Keese — 7. 

Freeman, 

AKTICLE  XIV. 

Section  1. — Subdivision  BanlvS  and  Baniving-. 

Tlie  General  Assembly  shall  not  have  the  ijower  to 

vestablish  or  incorporate  any  bank  or  banking-  company 

or  money  institution  for  the  purpose  of  issuing  bills  of 

credit  or  bills  payable  to  order  or  bearer,  except  under 

the  conditions  prescribed  in  this  Constitution. 

Sec.  2. — No  bank  shall  be  established  otherwise  than 
under  a  general  banking  law,  nor  otherwise  than  upon 
a  specie  basis;  provided,  that  any  bank  may  be  estab- 
lished with  authority  to  issue  bills  to  circulate  as  nuuiey 
in  equal  amount  to  the  face  value  of  bonds  of  the  United 
States  or  of  this  State,  convertible  into  specie  at  their 
face  value,  which  shall,  before  such  bank  is  authorized 
to  issue  its  bills  for  circulation,  be  deposited  with  the 
State  Treasurer  or  other  depository  prescribed  by  law, 
in  an  amount  equal  to  the  aggregate  of  such  proposed 
issue,  with  power  in  such  treasurer  or  depository  to  dis- 
pose of  any  or  all  of  such  liouds  for  a  sufficient  amount 
of  specie  to  redeem  the  circulating  notes  of  such  bank  at 
any  time  and  without  delay,  should  such  bank  suspend 
payment,  or  fail  to  redeem  its  notes  on  demand. 

Se<.'.  3. — All  bills  or  notes  issued  as  money  shall  be 
at  all  times  redeemable  in  gold  or  silver,  and  no  law 
shall  be  passed  sanctioning  directly  or  indirectly,  the 
suspension  of  any  bank  or  banking  compan}^  of  specie 
peyment. 

Sec.  4.- — Holders  of  bank  notes  and  deoositors  who 
have  not  stipulated  for  interest,  shall,  for  such  notes  and 
deposits,  be  entitled  in  case  of  insolvency,  to  the  prefer- 
ence of  payment  over  all  other  creditors;  provided,  this 
section  shall  apply  to  all  l)anks  whether  incorporated 
or  not. 

Sec.  5. — Every  bank  or  banking  company  shall  be  re- 
quired to  cease  all  banking  operations  within  twenty 

■56 


882  Journal  of  Alabama 

years  from  the  time  of  its  organization  (unless  tlie 
General  Assembly  shall  extend  the  time)  and  promptly 
thereafter  close  its  business;  but  shall  have  corporate 
capacity  to  sue  and  shall  be  liable  to  suits  until  its 
affairs  and  liabilities  are  fully  closed. 

Sec.  6. — No  banks  shall  receive,  directly  or  indirectly y. 
a  greater  rate  of  interest  than  shall  be  allowed  by  law 
to  individuals  for  lending  money. 

Sec.  7. — Neither  the  State  nor  any  political  subdivi- 
sion thereof  shall  be  a  stockholder  in  any  bank,  nor  shall 
the  credit  of  the  State  ever  be  given,  or  loaned,  to  any 
banking  company,  association  or  corporation. 

Sec.  8. — The  General  Assembly  shall,  by  appropriate- 
laws,  provide  for  the  examination,  by  some  public  offi- 
cer, of  all  banks  and  'banking  institutions  and  trust  com- 
panies engaged  in  banking  business  in  this  State.  And 
each  of  such  banks  and  banking  companies  or  institu- 
tions shall,  through  its  president  or  such  other  officer 
as  the  General  Assembly  may  designate,  under  oath, 
make  a  report  of  its  resources  and  liabilities  at  least 
twice  a  ^-ear. 

Sec.  9. — That  the  provisions  of  this  article  shall  apply 
to  all  banks,  trust  companies  and  individuals  doing  a 
banking  business,  except  national  banks,  whether  in- 
corporated or  not. 

YEAS. 

Messrs.  President,  Burns, 

.\ltman,  Cardon, 

Ashcraft,  Carmichael  (Colbert),. 

Banks,  ("olih, 

Barefield,  (^ofer,. 

Bed  do  w,  Coleman  ( Greene  )> 

Bethune,  Cornwell, 

Blackwell,  Craig, 

Boone,  Cnnningham, 

Brooks,  Davis  (Etowah), 

Browne,  Pent, 

Bulger,  r^uke. 

Burnett,  Espy, 


Constitutional  Convention. 


883 


Fergi'Eon, 

XeSmith, 

Fitts, 

Norman, 

Fletcher, 

Gates, 

Glover, 

O'Neal  (Lauderdale), 

Graham  (Montgomery), 

O'Neil],  (Jefferson), 

Graham  (Talladega). 

Opp, 

Grayson, 

Palmer, 

Greer  (Calhoun), 

Parker  (Cullman), 

Greer  (Perry), 

Parker  (Elmore), 

Haley, 

Pearce, 

Handley, 

Pettus, 

Harrison, 

Pillans, 

Heflin  (Chambers), 

Pitts, 

Heflin  (Randolph), 

Porter, 

Hinson, 

Proctor, 

Hodges, 

Reynolds  (Henry), 

Hood, 

Robinson, 

Howell, 

Rogers   ( Lowndes ) , 

Howze, 

Sanders, 

Inge, 

Sanford, 

Jackson, 

Searcy, 

Jenkins, 

Selheimer, 

Jones  (Bibb), 

Sentell, 

Jones  (Wilcox), 

Smith,  Mac.  A.,   ' 

Kirk. 

Smith,  Morgan  M., 

Kirkland, 

Sorrell, 

Kyle, 

Spears. 

Leigh, 

Spragins, 

Locklin, 

Stewart, 

Lomax, 

Stnddard, 

Lowe  (Jefferson), 

Tayloe, 

^laedonald. 

Vaughan, 

McMillan  (Baldwin), 

Waddell, 

McMillan  (Wilcox), 

Weakley, 

Malone, 

White, 

Martin, 

Whiteside, 

Maxwell, 

Williams  (Barbour), 

Miller  (Wilcox), 

Williams  (Elmore), 

Moody, 

Wilson  (Clarke), 

Mnlkey, 

Wilson  (Washington). 

Murphree^ 

Winn— 108. 

884  Journal  of  Alabama 

NAYS. 

Messrs.  deGraffenried,  Henderson, 

Eley,  Long  (Butler), 

Foshee,  Keese — 7. 
Freeman, 

RECONSIDERATION. 

Mr.  Coleman,  of  Greene,  moved  to  reconsider  the  vote 
b}^  wliieli  Section  27  of  the  report  of  the  Committee  on 
Legislative  Department  was  adopted  on  yesterday. 

The  motion  to  reconsider  prevailed. 

Mr.  Coleman,  of  Greene,  offered  the  following  amend- 
ment to  iSeetion  27 : 

Amend  Section  27  by  adding  to  the  section  the  fol- 
lowing: "And  any  surplus  that  may  be  in  the  State 
Treasui\y;  provided,  that  if  from  any  cause  it  becomes 
necessary  to  rebuild  the  capitol  of  the  State,  the  Legis- 
lature is  authorized  to  make  such  appropriations  as 
may  be  required," 

Mr.  Cobb  offered  the  following  substitute  for  the  sec- 
tion and  amendment : 

To  strike  out  the  section  and  amendment. 

The  substitute  of  Mr.  Cobb  was  adopted,  and  the  sec- 
tion 27  was  stricken  out :  Yeas,  71 ;  nays,  56, 

YEAS. 

Messrs.  President,  Davis  (DeKalb), 

Almon,  Davis  (Etowah), 

Ashcraft,  Dent, 

Banks,  E^^ster, 

Bethune,  Ferguson, 

Blackwell,  Fitts, 

Boone,  Foshee, 

Brooks,  Graham  (Montgomery), 

Burns,  Greer  (Calhoun), 

Carmichael  (Colbert),  Haley, 

Cobb,  Hoflin  (Chambers), 

Cunningham,  Heflin  (Randolph), 


Constitutional  Convention. 


885 


Hodges, 

Hood, 

Howell, 

Jones  (Bibb), 

Jones  (Montgomery), 

Kirkland, 

KnighL, 

Leigh, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

McMillan  (Wilcox), 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Mill  key, 

XeSmfth, 

Norman, 

O'Neal  (Lauderdale), 

O'Neill,  (Jefferson), 

Opp, 

O'Rear, 

Parker  (Cullman), 


Parker  (Elmore), 
Pettus, 
Pillans, 
Proctor, 
Reese, 
Robinson, 
Rogers  (Lowndes), 
Samford, 
Selheimer, 
Sentell, 
Sloan, 

Smith  (Mobile), 
Sorrell, 
Spears, 
Vaughan, 
Waddell, 
Watts, 
Weakley, 
AVhite, 

Williams  (Marengo), 
Williams  (Elmore), 
Wilson  (Clarke), 
Wilson  ( Washington )  — 71 


NAYS. 


Messrs.  Altman, 

Barefield, 

Beddow, 

Browne, 

Bulger, 

Burnett, 

Cardon, 

Chapman, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

derrraffenried, 

Duke, 

Eley, 

Espy, 


Fletcher, 

(rlover, 

TTraham  ( Talladega ) , 

Grayson, 

Greer  (Perry), 

Handley, 

Harrison, 

Henderson, 

Hinson, 

Howze, 

Inge, 

Jaokson, 

Jenkins, 

.ToTTPs  (Wilcox), 

Kirk, 


886  JouE^XAL  OF  Alabama 

Kyle,  Sanders, 

Locklin,  Sanford, 

Macdonald,  Searcy, 

McMillan  (Baldwin).  Smith,  Mac.  A. 

Malone,  Smith,  Morgan  M., 

Martin,  Spragins, 

Murphree,  Stewart,  • 

Gates,  Stiiddard, 

Palmer,  Tavloe, 

Pearce,  Walker, 

Pitts,  NN'hiteside, 

Porter,  Williams  (Barbour), 

Keynolds  (Henry),  Winn — 56. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Legislative  Department. 

The  question  was  upon  the  substitute  offered  by  Mr. 
Boone  for  the  substitute  for  Section  29,  offered  by  Mr. 
Vaughan. 

By  unanimous  consent  the  substitute  offered  by  Mr. 
Boone  was  withdrawn. 

Mr.  Boone  offered  the  following  substitute  for  Sec- 
tion 29,  and  the  pending  substitute  offered  by  Mr. 
Vaughan : 

All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives,  the  Governor,  Auditor  and 
Attorney  General  shall,  before  each  regular  session  of 
the  Legislature,  prepare  a  general  revenue  bill  to  be 
submitted  to  the  Legislature  for  its  information,  and 
the  Secretary  of  State  shall  have  printed  for  the  use  of 
the  Legislature  a  sufficient  number  of  copies  of  the  bill 
so  prepared,  which  the  Governor  shall  transmit  to  the 
House  of  Representatives  as  soon  as  organized,  to  be 
used  or  dealt  with  as  that  House  may  elect.  The  Senate 
may  propose  amendments  to  revenue  bills.  No  revenue 
bill  shall  be  passed  during  the  last  five  days  of  the  ses- 
sion. 


Constitutional  Convention.  887 

Mr.  Lomax  renewed  his  point  of  order  that  two  substi- 
rtutes  could  not  be  entertained  at  tlie  same  time. 

The  Chair  overruled  the  point  of  order, 

Mr.  Gates  asl^ed  unanimous  consent  to  amend  Section 
29  by  striking  out  the  words  "appropriation  or"  before 
the  word  "revenue"  and  after  the  word  "no." 

Consent  was  granted  and  Section  29  was  amended  ac- 
(Cordingh^ 

Section  29  was  amended  and  adopted. 

RECESS. 

Pending  .the  further  consideration  of  the  report  of 
the  Committee  on  Legislative  Department,  the  hour  of 
1  o'clock  p.  m,  arrived,  and  under  the  rules  the  Conven- 
i:ion  recessed  until  3  :30  o'clock  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

roll  call. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Burnett, 

Almon,  Burns, 

Altman,  Cardon, 

Ashcraft,  (Jarmichael  (Colbert), 

Banks,  Carmichael  (Coffee), 

Barefield,  Carnathon, 

Beddow,  Chapman, 

Bethune,  Cobb, 

Blackwell,  Cofer, 

Boone,  Coleman  (Greene), 

Brooks,  Cornwell, 

Browne,  ^raig, 

Bulger,  Davis  (DeKalb), 


888 


JouEXAL  OF  Alabama 


Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Elev, 

Ejster, 

Espy, 

Ferg-iison, 

Fitt^s, 

Fletcher, 

Freeman, 

Gil  more, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Kandolph), 

Henderson, 

Hinson, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 


Leigh, 
Lomax, 

Long  (Butler), 
Long  (Walker), 
Lowe  (  Jefferson ) , 
Macdonald, 
McMillan  (Wilcox),. 
^Nlalone, 
Martin, 
Maxwell, 
Merrill, 

Miller  (Marengo), 
]\[iller  (Wilcox), 
:\rulkey, 
Murphree, 
NeSmith, 
Norman, 
Gates, 

O'Neal  (Lauderdale),. 
O'Neill  (Jefferson), 
Opp, 
O'Rear, 
Palmer, 

Parker  (Cullman), 
Parker  (Elmore), 
Pearce, 
Pettus, 
Pillans, 
Pitts, 
Porter, 
Proctor, 
Reese, 

Reynolds  (Henry), 
Robinson, 
Rogers  (Lowndes), 
Roger di  (Sumter). 
Sam  ford. 


Constitutional  Convention.  889 

Sanders,  Vaiiglian, 

Sanford,  Waddell, 

Selheimer,  Walker, 

Sentell,  Watts, 

Sloan,  Weakley, 

Smith  (Mobile),  White, 

Smith,  Mae.  A.  Willett, 

Smith,  Morgan  M.,  vvijiiams  ( Barbour) , 

Sollie,  Wilson  (Clarke), 

Spears,  Wilson  (Washington), 

Spragins,  Wiiin — 123. 
Tayloe, 

resolutions. 

The  following  resolution  was  ottered,  read  one  time 
at  length,  and  referred  to  an  appropriate  committee,  as 
follows : 

Eesolution  250,  b}^  Mr.  Long,  of  AValker : 

Whereas,  a  wave  of  patriotism  has  taken  a  rabid  hold 
upon  some  of  the  members  of  this  Convention  to  such 
an  extent  as  to  wound  their  eouseiences,  by  being  re- 
quired to  draw  their  per  dieni,  and 

Whereas,  This  Convention  has  no  intention  of  infring- 
ing upon  the  right  of  au}^  delegate ;  therefore  be  it 

Resolved,  b}"  the  people  of  Alabama,  in  Convention 
assembled.  That  the  Secretary  be  and  he  is  lierel)y  re- 
quired to  secure  a  blank  book  to  be  used  only  by  the 
members  who  desire  no  pay,  which  fact  shall  be  deter- 
mined by  the  member  signing  therein,  said  book  to  be 
kept  open  for  signatures  of  volunteer  members  at  all 
hours,  and  the  Secretary  shall  witness  each  signature 
under  the  proper  date,  and  no  member  shall  be  allowed 
any  pay  from  the  State  thereafter. 

Provided,  That  the  hotels,  restaurants,  boarding 
houses  and  saloons  of  Montgomery  be  and  they  are  here- 
by required  to  furnish  free  of  charge  board,  lodging, 
laundry,  liquors  and  cigars  to  such  members  as  volun- 
tarily surrender  their  pay;  because  the  Good  Rook  says  : 
'^The  laborer  is  worthy  of  his  hire,  and  the  ass  shall  not 
be  muzzled." 


S90 


Journal  of  Alabama 


The  resolution  was  referred  to  the  Committee  on 
Preamble  and  Declaration  of  Rights, 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
ilie  imtiuished  business,  which  was  the  report  of  the 
•Committee  on  Legislative  Department. 

The  question  was  upon  the  substitute  offered  hj  Mr. 
Boone  for  the  substitute  offered  hy  Mr.  Vaughan,  and 
Section  29  of  the  report  of  the  Committee  on  Legislative 
Department. 

The  substitute  of  Mr.  Boone  was  adopted :  Yeas,  74 ; 
nays,  41. 


Messrs.  Altman, 
Ashcraft, 
Beddow, 
Boone, 
Bulger, 
Burnett, 
Burns, 
(Chapman, 
Cofer, 
Cornwell, 
Craig, 

Davis  (Etowah), 
Dent, 

<leGraffeuried, 
Duke, 
Eley, 
Eyster, 
Espy, 
Perguson, 
Fletcher, 
Glover, 

Graham  ( Montgomery ) , 
Graham  ( Talladega ) , 
Orayson, 


YEAS. 

Greer  (Calhoun), 
Greer  (Perry), 
Haley, 
Handley, 
Harrison, 

Heflin  (Chambers), 
Hood, 
Howell, 
Howze, 
Inge, 
Jenkins, 
Jones  (Bibb), 
Jones  (Hale), 
Jones  (Wilcox), 
Kirkland, 
Knio'ht, 
Kyle, 

Long  (Butler), 
Macdonald, 
McMillan  (Baldwin), 
Malone. 
Maxwell, 
:\ni]er  (Wilcox), 
Murphree, 


Constitutional  Convention, 


891 


NeSmith, 

Norman, 

Norwood, 

Oates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefiterson), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pillans, 

Pitts, 


Keynolds  (Henry), 

Robinson, 

Searcy, 

Sentell, 

Smith,  Mac.  A., 

Smitli,  Morgan  M. 

Spragins, 

Tavloe, 

Walker, 

^yilliams  (Barbour), 

Williams  ( Marengo ) , 

AVilson  (Clarke). 

\rinn — 74. 


NAYS. 


Messrs.  Almon, 

Banks, 

Barefield, 

Blackwell, 

Brooks, 

Carmichael  ( Colbert ) , 

Cobb, 

Cunningham. 

Davis  (DeKalb), 

Heflin  (Kandolph), 

Hend3rson, 

Hodges, 

Jones  ( Montgomery) , 

Kirk, 

I^eigh, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

McMillan  (Wilcox), 

Martin, 

Merrill, 


Moody, 

Pettus, 

Porter, 

Pr()<-tor, 

Rogers  (Lowndes), 

Samford, 

SiiUdei-s, 

San  ford, 

Selheimer, 

Sloan, 

Smith  (Mobile), 

Spears, 

Stewart, 

Studdard, 

Vaughan, 

W^eakley, 

White, ' 

Whiteside, 

Willett, 

Wilson  (Washington) — 41. 


Section  29,  as  amended,  was  adopted. 


892  Journal  op  Alabama 

reconsideration. 

Mr.  Williams,  of  Marengo,  moved  to  reconsider  tlie- 
vote  by  which  Section  29  was  adopted,  and  moved  a  siis- 
])e];sion  of  the  rules  for  immediate  reconsideration. 

The  motion  to  suspend  the  rules  was  lost. 

Mr.  O'Neal  of  Lauderdale  gave  notice  that  on  to- 
morrow he  would  move  to  reconsider  the  ^ote  by  which 
Section  29  was  adopted, 

SECTION   THIRTY. 

Was  read  at  length  as  follows : 

Sec.  30.  The  general  appropriation  bill  shall  em- 
brace nothing  but  appropriations  for  the  ordinary  ex- 
penses of  the  Executive,  Legislative  and  Judicial  de- 
partments of  the  State,  interest  on  the  public  debt,  and 
for  the  public  schools.  The  salary  of  no  officer  or  em- 
ploye shall  be  increased  in  such  bill,  nor  shall  any  ap- 
propriation be  made  for  any  oflflcer  or  employe  unless 
his  employment  and  the  amount  of  his  salary  have  al- 
ready been  provided  for  by  law.  All  other  appropria- 
tions shall  be  made  by  separate  bill,  and  each  embrac- 
ing but  one  subject. 

Mr.  Lowe,  of  Jefferson,  offered  the  following  amend- 
ment to  Section  30 : 

Amend  Section  30  by  striking  out  the  word  "ordi- 
nary'' where  it  appears  in  the  second  line  of  said  sec- 
tion. 

On  motion  of  Mr.  Oates  tlie  amendment  of  Mr.  Lowe, 
of  Jefferson,  was  laid  upon  the  table. 

Mr.  Jenkins  offered  the  following  amendment  to 
Section  30 : 

x\mend  Section  30  by  adding  after  the  word  "debt" 
in  the  third  line,  the  following :  Appropriations  for  the 
State  University,  the  Alabama  Polyterlmic  Institute, 
the  Industrial  School  for  White  Girls  at  ^fonti^vallo. 

On  motion  of  jMr.  Oates  the  amendment  of  Mr.  Jen- 
kins was  laid  upon  the  table. 

On  motion  of  ]Mr.  Oates  Section  30  was  adopted. 


Constitutional  Convention.  893 

SKCi  K  )N  thirty-one. 

Was  read  at  length  as  follows  and  adopted: 
Sec.  31.  No  money  shall  be  paid  out  of  the  Treasury 
•except  upon  appropriation  made  by  law,  and  on  war- 
rant drawn  by  the  proper  officer  in  pursuance  thereof; 
and  a  regular  statement  and  account  of  receipts  and  ex- 
penditures of  all  public  moneys  shall  be  published  an- 
nually, in  such  manner  as  may  be  by  law  directed. 

SIX'TK )N   THIUTY-TWO. 

Was  read  at  length  as  follows: 

Sec.  32.  No  appropriation  shall  be  made  to  any 
charitable  or  educational  institution  not  under  the  ab- 
solute control  of  the  State,  other  than  normal  schools 
established  by  law  for  the  professional  training  of 
teachers  for  the  public  schools  of  the  State,  except  b}' 
vote  of  two-thirds  of  all  members  elected  to  each  House. 

Mr.  Spragins  ottered  the  following  amendment  to 
Section  32 :  " 

To  amend  Section  32  by  striking  out  the  words  "other 
tluin  Normal  schools  established  by  law  for  the  profes- 
sional training  of  teachers  for  the  public  schools  of  the 
State." 

On  motion  of  Mr.  Oates  the  amendment  of  Mr.  Sprag- 
ins was  laid  upon  the  table. 

On  motion  of  Mr.  Oates,  Section  32  was  adopted. 

SECTION    TIIIUTY-THREE. 

Was  read  at  length  as  follows  and  adopted: 
Sec.  33.  No  act  of  the  Legislature  shall  authorize 
the  investment  of  any  trust  fund  by  executors,  adminis- 
trators, guardians  and  other  trustees  in  the  bonds  or 
stock  of  any  private  corporation;  and  any  such  acts 
now  existing  are  avoided,  saving  investments  hereto- 
fore made. 


894  Journal  of  Alabama 

section  thirty-four. 

V\  as  read  at  length  as  follows  and  adopted: 

See.  34.     The  power  to  change  the  venue  in  civil  and 

criminal  cases  is  vested  in  the  courts,  to  be  exercised  in 

such  manner  as  shall  be  provided  by  law. 

Si'CTION    THIRTY-FIVE. 

Was  read  at  length  as  follows : 

Sec.  35.  When  the  Legislature  shall  be  convened  in 
special  session  there  shall  be  no  legislation  upon  sub- 
jects other  than  those  designated  in  the  proclamation  of 
the  Governor  calling  such  session,  except  by  a  vote  of 
two-thirds  of  each  House. 

Mr.  Jones,  of  Montgomery,  offered  the  following 
amendment  to  Section  35 : 

Amend  Section  35  by  striking  out  the  words  "except 
by  two-thirds  vote  of  each  House." 

Mr.  Samford  offered  the  following  amendment  to  the 
amendment  of  Mr.  Jones,  of  Montgomery : 

Amend  Section  35  by  adding  to  the  end  thereof  the 
words  "and  special  sessions  shall  be  limited  to  thirtv 
days.'' 

The  amendment  to  the  amendment  was  adopted. 

Mr.  O'Neal,  of  Lauderdale,  offered  the  following  sub- 
stitute for  the  amendment  offered  by  Mr.  Jones,  of 
Montgomery : 

Amend  Section  35  by  adding  thereto  the  following : 
That  a  special  session  of  the  Legislature  shall  be  called 
by  the  Governor  every  two  years,  but  said  special  ses- 
sion shall  not  continue  longer  than  forty  days. 

On  motion  of  Mr.  Macdonald  the  substitute  of  ~Slv. 
O'Neal,  of  Lauderdale,  was  laid  upon  the  tal)le. 

The  question  recurred  uix)n  the  adoption  of  the 
amendment  offered  by  ^Iv.  Jones,  of  ^fontgomery,  as 
amended  by  the  amendment  of  Mr.  Samford : 

The  amendment  was  lost. 

On  motion  of  Mr.  Gates  Section  35  was  adopted. 


COXSTITUTIOXAL  CONVENTION.  895 

RECONSIDERATION. 

Mr.  Samford  moved  to  reconsider  the  vote  by  which 
Section  35  was  adopted,  which  motion,  under  the  rules, 
Avent  over  until  to-morrow. 

SECTION    THIRTY-SIX. 

Was  read  at  length  as  follows  and  adopted : 
Sec.  3().  No  State  office  shall  be  continued  or  created  for 
the  inspection  or  measuring  of  any  merchandise,  manu- 
facture or  commodit}',  but  any  county  or  municipality 
may  appoint  such  officers  when  authorized  by  law. 

SECTION    THIKTY-SEVEN. 

Was  read  at  length  as  follows,  and  adopted: 
Sec.  37.  No  act  of  the  Legislature  changing  the  seat 
of  government  of  the  State  shall  become  a  law  until  the 
same  shall  have  been  submitted  to  the  qualified  electors 
of  the  State  at  a  general  election,  and  approved  by  a 
majority  of  such  electors  voting  on  the  same;  and  such 
act  shall  specify  the  proposed  new  location. 

SECTION   THIRTY-EIGHT. 

Was  read  at  length  as  follows : 

Sec.  38.  A  member  of  the  Legislature  who  shall  cor- 
ruptly ^lolicit,  demand  or  receive,  or  consent  to  receive, 
directly  or  indirectly,  for  himself  or  for  another,  from 
any  company,  corporation  or  person,  any  money,  office, 
appointment,  employment,  reward,  thing  of  value,  or 
enjo3'ment,  or  personal  advantRge  or  promise  thereof, 
for  his  vote  or  official  influence  or  for  withholding  the 
same,  or  with  an  understanding,  expressed  or  implied, 
that  his  vote  or  his  official  action  shall  in  an  way  be  in- 
fluenced thereby;  or  Avho  shall  solicit  or  demand  any 
such  money  or  other  advantage,  matter  or  thing  afore- 
said, for  another  as  the  consideration  of  his  vote  or  offi- 
cial influence,  or  for  withholding  the  same;  or  shall 
give  or  withhold  his  vote  or  influence  in  consideration 


896  Journal  of  Alabama 

of  the  payment  or  promise  of  such  money,  advantage, 
matter  or  thing  to  another,  shall  be  guilty  of  bribery 
within  the  meaning  of  this  Constitution ;  and  shall  incur 
the  disabilities  provided  thereby  for  such  offense,  and 
such  additional  punishment  as  is  or  shall  be  provided 
by  law. 

Mr.  Pettus  offered  the  following  amendment  to  Sec- 
tion 38,  which  was  adopted : 

Amend  Section  38  by  striking  out  the  word  "corrupt- 
ly" where  it  appears  in  said  section. 

Mr.  Heflin,  of  Chambers,  offered  the  following  amend- 
ment to  Section  38: 

Amend  by  striking  out  "thereby"  in  line  eleven. 

On  motion  of  Mr.  Gates  the  amendment  was  laid  upon 
the  table. 

Mr.  Pettus  offered  the  following  amendment  to  Sec- 
tion 38,  which  was  adopted : 

Amend  Section  38  by  striking  out  the  word  "officiar" 
Avhere  it  appears  in  line  eight  of  Section  38  on  page  IT 
of  the  printed  article  on  Legislative  Department. 

Mr.  Burns  offered  the  following  amendment  to  Sec- 
tion 38: 

Amend  Section  38  by  adding  after  the  word  "reward" 
in  the  third  line  the  words  "free  pass." 

Mr.  Greer,  of  Calhoun,  moved  to  table  the  amendment 
offered  by  Mr.  Burns. 

The  motion  prevailed,  and  the  amendment  of  Mr. 
Burns  was  laid  upon  the  table. 

Mr.  Pillans  made  the  point  of  order  that  before  the 
vote  was  put  to  the  Convention  he  was  upon  his  feet  de- 
manding that  a  yea  and  nay  vote  be  taken. 

The  President  (Mr.  Harrison  in  the  Chair)  stated  to 
the  gentleman  from  Mobile,  ]Mr.  Pillans,  that  he  did 
not  hear  his  demand  owing  to  the  confusion  in  the  hall, 
but  that  he  would  ask  unanimous  consent  of  the  Conven- 
tion to  order  the  yeas  and  nays  taken  upon  the  motion 
to  table  the  amendment. 

Thereupon  ]\Ir.  Cofer  made  the  point  of  order  that 
the  matter  and  substance  contained  in  the  amendment 
were  res  (uljiidicdtd,  having  been  heretofore  acted  ui)on 


Constitutional  Convention. 


897 


by  the  Couveution,  and  that  said  amendment  was  there- 
fore out  of  order. 

The  point  of  order  was  sustained. 

Mr.  Jones,  of  Montgomery,  appealed  from  the  decis- 
ion of  the  Chair, 

On  motion  the  Convention  decided  to  remain  in  ses- 
sion until  the  pending  question,  the  appeal  from  the 
decision  of  the  Chair,  was  disposed  of. 

Mr.  Greer,  of  Calhoun,  raised  the  point  of  order  that 
before  the  Convention  could  decide  to  remain  in  session 
bej^ond  the  hour  of  adjournment,  under  the  rules,  the 
rules  would  have  to  be  suspended. 

The  President  (Mr.  Harrison)  overruled  the  point  of 
order. 

The  question  recurred  upon  the  appeal  from  the  decis- 
ion of  the  Chair. 

The  question  being,  shall  the  Chair  be  sustained,  the 
Chair  was  not  sustained,  by  the  following  vote :  Yeas, 
30;  nays,  61. 


YEAS. 


Messrs.  Almon, 

Barefield, 

Browne, 

Bulger, 

Carmichael  ( Colbert ) , 

Cofer, 

Davis  (DeKalb), 

Davis  (Etowah), 

Eyster, 

Oreer  (Calhoun), 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Knight, 

Long  (Butler), 


XeSmith, 

Parker  (Cullman), 

Pork'r. 

Pi'oclor, 

KcviDids    (Henry), 

Rogers  (Lowndes), 

Searcy, 

Sentefl, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Sorrell, 

Williams  (Marengo) 

Wilson  (Clarke), 

Wilson  ( Washington )  — 30, 


898 


Journal  of  Alabama 


NAYS. 

ML'.i^.'Jsrs  Ahlieiaft, 

^Laxwell, 

Banks, 

Merrill, 

Beddow, 

-Miller  (Wilc(»x), 

Blackwell, 

Moody, 

Boone, 

.Murphree, 

Brooks, 

Norman, 

Burns, 

Norwood, 

Cobb, 

Gates, 

Coleman  ( Greene ), 

G'Neal  ( Lauderda 

le). 

Cunningham, 

Opp, 

Dent, 

Palmer, 

Duke, 

Parker  (Elmore), 

Eley, 

Pettus, 

Fergudc  n. 

Pillans, 

Fitts, 

Pitts, 

Fletcher, 

Ivcese, 

Glover, 

(Jobinson, 

Hand  ley, 

Kogers  (Sumter), 

Flood, 

^amford. 

no  well. 

Sanders, 

Jenkins, 

San  ford. 

Jones  (Hale), 

Sellicimoi', 

Jones  (Montgomery), 

Spragins, 

Jones  (Wilcox) . 

Stewart, 

Kyle, 

Tayloe, 

Leigh, 

Vaucfhan, 

Lomax, 

Walker, 

Lowe  (Jefferson), 

Weakley, 

^Macdonald, 

Whiteside, 

McMillan  (Wilcox), 

Winn— 01. 

]\[artin. 

ADJOURNMENT. 


The  time  for  adjournment  having  arrived,  the  Con- 
vention adjourned  until  to-morrow  morning  at  9:30 
o'clock. 


Constitutional  Convention. 


899 


FIFTIETH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Satiirda}^,  July  20,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Eev.  Mr.  Howell  of  the  Con- 
vention. 


ROLL  CALL. 


On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  .. 
(piorum  : 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 


Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Ferguson,. 

Fitts, 

Fletcher, 

I'reeman,, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Greer  (Calhoun), 

Handley, 

Harrison, 

Heflin  ( Chambers  )j 

Hood, 

Fowell, 

Jackson, 

Jenkins, 

Jones  ( Montgomery ) , 

Jones  (Wilcox), 

Kirkland, 

Knight, 


900 


Journal  of  Alabama 


Kyle, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Pillans, 

Proctor, 


Robinson, 

liogers  (Lowndes), 

Kogers  (Sumter), 

Sanders, 

Sant'ord, 

Searcy, 

Selheimer, 

Sloan, 

Smith  (Mobile), 

Smith,  JMac.  A., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Walker, 

Watts, 

Weakley, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

AYilliams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington), 

Winn— 106. 


LEAVE  OP  ABSENCE. 


Was  granted  to  Messrs.  Miller  of  Wilcox  for  to-day 
and  Monday;  Winn  for  Monday;  Burnett  and  Kirk  for 
to-day ;  Samford  indefinitely ;  Pitts  for  to-day ;  Reynolds 
of  Chilton  for  today;  Weatherly  for  to-day;  Fitts  for 
Monday;  Robinson  for  Monday,  Tuesday  and  Wednes- 
day; Graham  of  Talladega  for  to-day;  Pillans  for  Mon- 
day; Sentell  and  Kirkland  for  Monday;  G'Rear  for  to- 
day and  Monday;  Reynolds  of  Henry  for  to-day;  Par- 
ker of  Elmore,  and  Williams  of  Elmore  for  Monday; 


Constitutional  Convention.  901 

Smith  of  Autauga,  and  Espy  for  to-day;  Browne  for 
Monday,  Tuesday  and  Wednesday. 

REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  forty- 
ninth  day  of  the  Convention,  and  that  the  same  is  cor- 

Kespectfully  submitted, 

John  F.  Proctor^  Chairman. 

Mr.  Jones,  of  Montgomery^  u^oved  that  all  that  part 
of  the  Journal  relating  to  Mr.  Burns'  amendpient  to  Sec- 
tion 38  of  tlie  report  of  the  Committee  on  Legislative 
Department,  be  stricken  out. 

Mr.  AAllson,  of  Clarke,  demanded  the  previous  ques- 
tion on  the  adoption  of  the  report  of  the  Committee  on 
the  Journal,  and  the  motion  of  Mr.  Jones,  of  Montgom- 
ery, to  strike  out  that  part  of  the  Journal  above  stated. 

The  Chair  proceeded  to  state  the  question,  and  while 
the  Chair  was  stating  the  question  Mr.  Jones,  of  ^lont- 
gomer}',  arose  to  a  question  of  inquiry. 

The  Chair  declared  Mr.  Jones,  of  Montgomery,  out 
of  order  at  that  time,  as  he  (the  Chair)  was  attempt- 
ing to  state  the  question  l>efore  the  Convention. 

Thereupon  Mr.  Jones,  of  Montgomery,  appealed  from 
the  ruling  of  the  Chair. 

The  question  was:  Shall  the  ruling  of  the  Chair  be 
sustained? 

Mr.  Jones,  of  Montgomery,  arose  and  stated  that  he 
desired  to  withdraw  his  appeal. 

An  objection  was  interposed. 

The  question  being:  Shall  tlie  Chair  be  sustained? 

And  the  Chair  was  sustained. 

Mr.  Wilson,  of  Clarke,  moved  tliat  the  report  of  the 
Journal  be  adopted. 

The  motion  prevailed,  and  tlie  report  of  the  committee 
was  adopted. 


902  Journal  of  Alabama 

stenographic  report. 

Mr.  Walker  moved  to  strike  from  the  stenographic  re- 
X>ort  all  of  the  proceediugs  immediately  after  ^lie  mo- 
tion of  Mr.  Wilson,  of  Clarke,  for  the  previous  question 
on  the  aj^proval  of  the  Journal. 

Mr.  Eystor  moved  to  table  the  motion  of  ]Mr.  Walker. 

Mr.  Heflin,  of  Chambers,  raised  the  point  of  order 
that  the  rules  must  be  suspended  before  a  motion  to  ex- 
punge anytliing  from  the  record  could  be  entertained. 

The  Chair  held  that  the  point  of  order  was  well  taken. 

Mr.  Graham,  of  Montgomery,  moved  that  the  rules  be 
suspended  in  order  that  the  motion  of  Mr.  Walker  might 
be  considered. 

The  motion  of  Mr.  Graham,  of  Montgomery,  was  lost, 
and  the  rules  were  not  suspended. 

RESOLUTIONS   ON    FIRST   READING. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length : 

Besolution  257,  l)y  Mr.  Robinson : 

Ilesolution  for  final  adjournment. 

Whereas,  The  act  of  tlie  General  Assembly  of  Ala- 
bama calling  this  Convention  together  in  fixing  the 
compensation  of  the  members  thereof,  contained  the 
following  proviso:  "That  the  per  diem  compensation 
shall  not  be  allowed  or  paid  to  any  member  of  the  Con- 
vention for  a  longer  time  than  fifty  days." 

And  whereas,  The  Democratic  party  of  Alabama, 
"when  it  nouiinatcd  its  candidates  for  membership  to  this 
Convention,  declared  in  its  platform  as  follows,  to-wit : 
"The  Democratic  party  of  the  State  of  Alabama  in  Con- 
vention assembled,  endorses  the  act  to  provide  for  the 
holding  of  a  Constitutional  Convention  to  revise  and 
amend  the  Constitution  of  this  State,  approved  Decem- 
ber, the  11th,  1900,  and  favor  the  carrying  out  of  all  of 
the  provisions  of  said  act." 

And  whereas,  tlie  chairman  of  the  Campaiiiu  Com- 
mittee of  said  party,  in  an  address  issued  to  the  voters 
of  this  State,  urging  the  election  of  the  candidates  of 


Constitutional  Convention.  903 

said  party,  promised  the  people  as  follows,  to-wit :  "The 
Campaign  Committee  of  the  Democratic  party  hereby 
reasserts  the  pledges  made  and  in  the  name  of  every 
Democratic  nominee.  State,  Congressional,  Senatorial 
and  county,  unqualifiedly  assures  the  people  that  every 
plank  of  the  platform,  and  every  provision  of  the  act 
calling  the  Convention,  shall.be  kept  and  complied  with, 

"And  whereas,  the  lifty  days  for  which  the  members 
of  this  Convention  shall  receive  pay  as  provided  in  said 
act  will  expire  to-day, 

And  whereas,  the  mend)ers  of  this  Convention  have 
declared  by  resolution  that  they  are  unwilling  to  re- 
main longer  in  session  without  pay,  and 

Whereas,  the  Democratic  members  of  this  Convention 
should  not  be  required  to  violate  the  sacred  pledges  made 
by  them  to  the  people  who  elected  them, 

Therefore,  be  it  resolved.  That  this  Convention  stand 
adjourned  sine  die  at  6  o'clock  p.  m.  to-day. 

Mr,  Robinson  moved  that  the  resolution  257,  the 
same  being  a.  privileged  communication,  be  put  upon  its 
immediate  passage. 

The  motion  prevailed,  and  the  resolution  was  put 
upon  its  immediate  passage,  and  the  motion  for  the 
adoption  of  the  resolution  was  lost. 

Mr.  Burns  offered  the  following  resolution,  which  was 
read  at  length  and  referred  to  the  Committee  on  Rules : 

Resolution  258 : 

Resolved,  That  the  expenses  of  this  Convention  ex- 
ceed the  amount  actually  necessary. 

The  resolution  was  I'^ferred  to  the  Committee  on 
Rules. 

Mr.  Dent  otfered  the  following  resolution,  which  was 
read  at  length : 

Resolution  259: 

Resolved,  That  the  Committee  on  Corporations,  to 
Avhich  has  been  referred  the  ordinance  introduced  to- 
day by  the  delegate  from  Greene  in  reference  to  rail- 
road passes,  are  hereby  instructd  to  submit  a  report  on 
said  ordinance  not  later  than  Tuesday  next,  the  23d 
inst. 


904 


Journal  of  Alabama 


Mr.  Dent  moved  that  the  rules  be  suspended  and  the 
resolution  put  upon  its  immediate  passage. 

The  yeas  and  nays  were  ordered,  and  the  motion  to 
susi>end  the  rules  was  lost :  Yeas,  06 ;  nays,  34. 


YEAS. 


Messrs.  AshcFaft, 

Banks, 

Barefield, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Burns, 

Chapman, 

Cobb, 

Coleman  ( Greene ) , 

Dent, 

deCraffenried, 

Duke, 

Eley, 

Ferguson, 

Fitts, 

Fletcher, 

Freeman, 

Glover, 

Graham  (Talladega), 

Handley, 

Hefl i n  ( Chambers ) , 

Henderson, 

Hood, 

Jackson, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kyle, 

Leigh, 

Locklin, 

Lomax, 

Love  (Jefferson), 


Macdonald, 

:Mc:\[illan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Tilartin, 

^Taxwell, 

^ferrill, 

^foody, 

]\rurphree, 

Xorman, 

Norwood, 

Oates, 

O'Neal  ( Lauderdale ) ,, 

Opp, 

Palmer, 

Parker  (Elmore), 

Pei'tus, 

rillans, 

IJobinson, 

Rogers  (Sumter), 

Sanders, 

Sanford, 

ScllH'iiner, 

S.rlth,  Mac.  A., 

Sollie, 

Spears, 

S])ragins, 

Tavloe, 

Walker, 

White, 

Whiteside, 

Williams  (Barbour)^ 

Winn— 00. 


Constitutional  Convention. 


90& 


NAYS. 


Messrs.  President, 
Almon, 

Browne, 

Cardoii, 

Carmichael  ( Colbert ) , 

Cofer, 

Craig, 

Cnmiiiii^ham, 

Davis  (DeKalb), 

Eyster, 

Greer  (Callioun ), 

Harrison, 

Hodges, 

Howell, 

Kirkland, 

Knight, 


Long  (Butler), 

Long  (Walker), 

Mnlkey, 

XeSmitb, 

l*arker  (Cullman), 

I'rocrcr, 

11  ogers    (  Lo >\- n d (^s ) , 

Seai'cy, 

Sloan, 

Smith  (Mobile), 

Stewart, 

Stiiddard, 

Weakley, 

Williams  (Marengo). 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington) — 34. 


^Iv.  Jones,  of  Montgomery,  moved  that  the  resolution 
be  referred  to  the  Committee  on  Knles. 

The  motion  was  lost,  and  the  resolution  was  referred 
to  the  Committee  on  Corporations. 

Mr.  Graham,  of  Talladega,  offered  the  following 
resolution,  which  was  read  at  length,  jdaeed  upon  its 
immediate  passage,  and  adopted : 

Kesolution  260 : 

Resolved,  That  this  Convention  remain  in  session  to- 
day until  1  p.  m.,  and  then  stand  adjourned  until  11  a. 
m.  next  Monday. 

Mr.  Jones,  of  Montgomery,  offered  the  following  reso- 
lution, which  was  read  at  length  : 

Resolution  261 : 

Resolved,  That  the  Secretary  of  this  Convention  pro- 
cure a  copy  of  the  opinion  of  the  Attorney  General  as 
to  the  right  of  this  Convention  to  appropriate  pay  to 
its  members  beyond  the  time  fixed  in  the  enal)ling  act, 
and  to  have  the  same  printed  in  the  stenogra])hic  report. 

The  rules  were  suspended  and  the  resolution  was 
adopted. 


906  Journal  op  Alabama 

Mr.  Long,  of  Walker,  offered  the  following  resolution, 
AVhicli  was  read  at  length  and  referred  to  the  Committee 
on  Corporations : 

IJesolutiou  2G2 : 

Whereas,  From  the  action  of  this  Constitutional  Con- 
vention it  appears  that  any  and  all  persons  holding 
offiee  of  honor,  trust  or  profit  under  the  State  of  Ala- 
bama, are  in  the  habit  of  accepting  free  passes  from 
Tailroads,  and  are  unduly  influenced  and  corrupted 
thereby, ,  and 

Whereas,  The  members  of  this  Convention  are  hold- 
ing their  office  as  such  member  under  this  State,  and 
may,  by  reason  thereof,  be  liable  to  be  influenced  or  cor- 
rupted by  accepting  free  passes  for  themselves,  friends 
or  families; 

Therefore,  be  it  resolved.  That  the  Secretary  of  this 
Convention  be  and  he  is  hereby  ordered  immediately 
upon  the  passage  of  this  resolution,  to  call  the  roll  of 
the  delegates  of  this  Convention,  and  as  his  name  is 
called  each  mendjer  of  this  Convention  shall  rise  in  his 
seat  and  answer  the  following  questions,  which  shall 
then  and  there  in  open  session  of  this  Convention  be  pro- 
pounded to  him  by  the  Secretary,  the  answers  to  which 
shall  be  recorded  by  the  Secretary  in  the  Journal  of 
this  Convention,  the  questions  to  be  as  follows : 

First — Have  you  a  pass  or  passes  now  in  your  pos- 
session, or  under  your  control,  or  at  your  command? 
If  so,  then  over  wliat  railroad  company's  road?  AVhat 
is  the  consideration  for  which  said  pass  or  passes  was 
Issued? 

Second — Since  you  were  elected  to  this  Constitutional 
Convention  Imve  you  accepted  a  pass  for  yourself,  or 
friend,  or  family,  or  any  member  thereof;  and  if  so, 
then  state  for  A\iiom  and  what  was  the  consideration 
thereof?  Why  was  such  pass  issued?  What  railroad 
company  issued  such  pass  or  passes? 

Third — Has  the  issuance  or  acceptance  of  sai<l  pass 
or  passes  influenced  you  directly  or  indirectly  in  any 
vote  you  have  cast  as  a  member  or  this  Conventi(Ui,  or 
has  it  corrupted  any  of  your  actions  during  this  Con- 
vention, oi'  if  not,  would  it  corrui)t  tlie  action  of  others, 
■or  influence  their  Notes? 


C0XST1TLTU).\AL   CONVENTION.  907 

Kesolved  further.  That  immediately  after  the  reply 
to  tlie  al)ove  questions,  eai-h  delei»ate  as  he  completes  his 
answei-  shall  haud  to  the  Secretary  any  and  all  passes 
now  in  his  possession,  whether  trip  or  annual.  Such  of 
said  passes  as  on  their  face  are  shown  to  be  issued  to 
•employees  only  shall  be  returned  to  the  holder,  and  all 
■others  shall  be  retained  by  the  Secretary  and  placed 
among  the  arcliives  of  this  Convention,  and  the  Journal 
.shall  show  fi-om  whom  the  same  was  obtained,  and  the 
substance  tliereof. 

liesolved  further,  That  all  delegates  wlio  have  accepted 
passes  for  themselves,  family  or  frien<ls,'  not  as  em- 
ployees, shall  surrender  to  the  Secretary  of  this  Conven- 
tion^ who  slrall  pay  it  into  the  State  Treasury  enough  of 
their  mileage  and  per  diem  as  shall  be  sufficient  to  c(")ver 
the  passes  issued,  based  on  3  cents  per  mile. 

Resolved  further.  That  as  the  Secretary  interrogates 
each  member  under  this  resolution,  he  shall  swear  such 
meml»er  to  tell  the  truth,  the  whole  truth,  and  nothing 
but  the  truth,  in  answer  to  sucli  of  said  questions  as  he 
may  ])ropound  to  him,  or  any  other  question  he  may  pro- 
pound to  him  or  any  member  of  this  Convention  may 
propound  to  him  touching  the  acceptance  in  the  past 
by  him,  for  himself,  fri('n<ls  or  family,  of  a  free  pass. 

ORDINANCES  ON   FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
'Committees,  as  follows: 

Ordinance  425,  by  ]Mr.  Coleman,  of  Greeue: 

Concerning  the  granting  of  passes  to  members  of  the 
Oeneral  Assembly  and  State  officers. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  426,  by  ]Mr.  deGraifenried  : 

Amendment  to  the  fourth  section  of  the  article  hei\e- 
tofore  adopted  on  Banks  and  Banking. 

The  ordinance  was  referred  to  the  Committee  on 
Banks  and  Banking. 

Ordinance  427,  by  ^Fr.  Freeman : 


908  Journal  of  Alabama 

That  110  corporation  attornej"  shall  be  eligible  to 
office  as  a  meniber  of  the  Legislature. 

The  ordinance  was  referred  to  the  Committee  on 
■Corporations. 

Ordinance  428,  by  Mr.  Merrill : 

That  no  railroad  or  other  transportation  company 
shall  grant  free  passes  or  sell  tickets  or  sell  passes  at 
a  discount  other  than  as  sold  to  the  public  generall}', 
to  any  memlier  of  the  Legislature,  or  to  any  person  liold- 
ing  office  under  this  t^tate. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

Ordinance  429,  by  Mi*.  Lomax : 

To  repeal  Section  5  of  the  Article  on  Legislative  De- 
partment, as  reported  to  and  adopted  by  this  Conven- 
tion. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

RECOMMITTAL    OF    RESOLUTIONS. 

i\rr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Ixiiles,  returned  to  the  Convention  the  follow- 
ing resolutions,  and  moved  that  each  of  them  be  referred 
to  the  Committee  on  Engrossment: 

Resolution  195,  by  Mr.  Cannichael,  of  Colbert: 

Resolved  by  the  Convention,  That  the  engrossing  and 
enrolling  clerk  of  the  Convention  be  and  the  same  is 
hereby  authorized  to  employ  such  assistants  as  may  be 
necessary  to  properly  discharge  the  duties  of  that  office. 
This  resolution  shall  take  elt'ect  on  and  after  tlie  24th 
day  of  June. 

iiesolution  199,  by  Mr.  Howell: 

Resolved,  That  whatever  clerical  assistance  may  be 
necessary  to  be  employed  hy  the  enrolling  and  engross- 
ing clerk  of  this  Convention,  it  be  paid  foi-  at  Uw  rate 
of  15  cents  ])er  hundred  woi'ds  for  sucli  assistant  cleri- 
cal work. 

The  motion  of  ^Ir.  Smitli,  of  :\robile,  ])revail('d,  and 
the  resolution  was  referi-cd    t(»  tlie  Comuiittcc  on   En- 

iil'OSSUUMlt. 


CONSTITUTIOXAL  CONVENTION.  909 

REPORT  OF   STANDING   COMMITTEES. 

]Mr.  AA'ils(;ii,  of  Clarke,  cliaii'inaii  of  the  Coiiiiuillcc  (»n 
JMilitia,  Hiibiiiitted  tlie  followiiiii'  r('}t()rt,  wliicli  was  read 
'ixt  leiij^tli,  laid  upon  the  table,  and  3(K)  copies  of  tlie 
»anie  ordered  printed  : 

ARTICLE  — 

1.  All  able-bodied  white  male  inhabitants  of  this  State, 
between  the  ages  of  eighteen  years  and  forty-five  years, 
Avho  are  citizens  of  the  United  States,  (»r  have  declared 
their  intention  to  become  snch  citizens,  shall  be  liable 
to  military  duty  in  the  militia  of  the  State;  and  the 
General  Assembly  may  provide  for  the  orgvinization 
from  among  snch  citizens  of  a  State  naval  militia. 

2.  Tlie  General  Asseml)ly,  in  providing  for  the  organ- 
ization, equipment,  and  discipline  of  the  militia,  shall 
conform  as  nearly  as  practicable  to  the  regulations  for 
the  government  of  the  armies  of  the  United  States. 

3.  Each  company  and  regiment  shall  elect  its  own 
company  and  regimental  officers;  but  if  any  company  or. 
regiment  shall  neglect  to  elect  such  officers  within  the 
time  prescribed  by  law,  they  may  be  appointed  l)y  the 
Governor. 

4.  Volunteer  organizations  of  infantry,  cavalry,  and 
artillery,  may  be  formed  in  such  manner,  and  under 
such  restrictions,  and  with  such  privileges,  as  may  be 
provided  by  la^^^ 

5.  The  militia  and  vounteer  forces  shall,  in  all  cases, 
except  treason,  felony  and  breach  of  the  peace,  be  privi- 
leged from  arrest  during  their  attendance  at  musters, 
parades,  and  elections,  and  in  going  to  and  returning 
from  the  same. 

().  The  Governor,  shall,  except  as  otherwise  provided 
herein,  be  commander-in-chief  of  tlie  militia  and  volun- 
teer forces  of  the  State,  except  when  in  the  service  of 
the  United  States,  and  shall,  with  the  advice  and  con- 
sent of  the  Senate,  appoint  all  general  officers,  whose 
term  of  office  .shall  be  for  four  years.  The  Governor, 
the  Generals  and  regimental  and  battalion  commanders, 


910  JOURX.Vr.  OF  Al.Al'.AMA 

shall  appoint  their  own  staffs,  as  may  be  pidvided  by 
law. 

7.  The  General  Assembly  shall  i)i'OYide  for  the  safe 
keepinjn'  of  the  arms,  ammunition  and  accoutrements, 
military  records,  banners  and  relics  of  the  State. 

S.  The  officers  and  men  of  the  militia  and  volnnteer- 
forces  shall  not  be  entitled  to,  or  receive,  any  pay, 
rations,  or  emoluments,  when  not  in  active  service. 

RECOXSIDEUATIOX.. 

Mr.  Dent,  in  the  absence  of  Mr.  Samford,  who  gave 
th(^  necessary  notice  on  yesterday,  moved  to  reconsider 
the  vote  l>y  which  Secticni  85  of  the  report  of  the  Com- 
mittee on  Legishitive  Department  was  ad(^pted. 

The  motion  prevailed. 

^Ir.  Dent  offered  the  followiuu  amendment  to  Section 
35,  which  was  read  at  leni»th.  and  ado])ted: 

Amend  Section  35  by  addinii  at  the  end  of  the  section 
the  followinii'  words:  "And  s]>ecial  sessions  sliall  Ite 
limited  to  thirty  days." 

The  question  recurred  u]»on  the  ado]>tion  of  Section 
35,  as  amend(^d,  and  Section  35  as  amended  was  adopted. 

u  X  F I X I  s  n  K 1 )  1 ;  v  s  i  x  i :  ss . 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
C(nnmittee  on  Legislative  Department. 

The  (]uestion  being  upon  the  adopti<ni  of  Section  3S, 
as  amcnde<l,  and  Section  38,  as  anuuuled,  was  adopted. 

SFCTIOX    TUIUTV-X I X  F. 

Was  read  at  length  as  follows: 

S(M'.  39.  Any  person  who  sh:ill  directly  or  iudii-ecily 
otl'ei-,  give  or  ]n'omise  any  money,  ov  thing  of  value,  tes- 
tiuKjnial,  ])rivilege,  or  personal  advantage,  to  anv  exe- 
cutive or  judicial  officer  or  mend:;3r  of  the  Legislature 
to  influence^  him  in  the  performance  of  any  of  his  public 
oi-  otKlcial  diijies,  shall  be  guilty  of  bribery  and  be  pun- 


COXSTITUTIOXAL  CONVENTION.  911 

ished  in  such  manner  as  shall  be  provided  by  law. 

]Mr.  Brooks  offered  the  following  amendment  to  Sec- 
tion 39: 

No  railroad  or  other  transportation  company  shall 
grant  free  passes,  or  sliall  at  reduced  rates,  not  com- 
mon to  the  public,  sell  tickets  for  transportation  to  any 
person  holding  any  office  of  honor,  trust  or  profit  in  this 
State,  and  the  accej3tance  of  such  pass  or  ticket  by  a 
member  of  the  Legislature  or  any  public  officer  shall 
work  a  forfeiture  of  his  office,  at  the  suit  of  the  Attor- 
ney General. 

Any  railroad  or  other  transpoi-tation  company  or  offi- 
cer or  agent  thereof  who  shall  grant  a  free  pass,  or  shall, 
at  reduced  rates^  not  common  to  the  public,  sell  tickets 
for  transportation  to  any  such  person,  shall  be  deemed 
guilty  of  a  misdemeanor  and  is  liable  to  punishment 
except  as  herein  provided.  No  person  or  officer  or  agent 
of  a  corporation  who  gives  any  such  free  pass,  free 
transportation  or  sells  tickets  for  transportation  at  re- 
duced rates  hereby  prohibited,  shall  be  privileged  from 
testifying  in  relation  thereto,  and  he  shall  not  l)e  liable 
to  civil  or  criminal  prosecution  therefor,  if  he  sliall  tes- 
tify to  the  giving  or  the  selling  of  the  same. 

But  this  shall  not  prevent  the  Legislature  from 
authorizing  the  State  to  contract  with  any  such  rail- 
road or  other  transportation  company  for  the  transpor- 
tation at  reduced  rates  of  State  officers,  while  traveling 
in  the  discharge  of  their  official  duties. 

]Mr.  Coleman,  of  Greene,  moved  to  postpone  the  fur- 
ther consideration  of  the  amendment  offered  by  Mr. 
Brooks,  until  the  ordinance  425,  introduced  by  Mr. 
Coleman,  of  Greene,  be  reported  to  the  Convention. 

The  motion  prevailed. 

On  motion  of  ]Mr.  Gates  Section  39  was  adopted. 

SECTION  FORTY.      - 

Was  read  at  length  as  follows  and  adopted : 
Sec.  40.     The  offence  of  corrupt  solicitation  of  mem- 
bers of  the  Legislature  or  of  public  officers  of  this  State 
or  of  any   municipal   division   thereof,   and    any   occu- 


912  Journal  of  Alaba:ma 

pation  or  practice  of  solicitation  of  such  memloei'^  or 
oflflcers,  to  influence  their  official  action,  shall  be  defined 
by  law,  and  shall  be  punished  by  fine  and  imprisonment 
in  the  penitentiary;  and  the  Legislature  shall  provide 
for  the  trial  and  punishment  of  the  offenses  enumerated 
in  the  two  preceding  sections,  and  shall  require  the 
Judges  to  give  the  same  specially  in  charge  to  the  Grand 
Juries  in  all  the  counties  of  this  State. 

Mr.  Gates  moved  to  reconsider  the  vote  by  which  Sec- 
tion 40  was  adopted,  and  the  motion  prevailed. 

Mr.  Gates  offered  the  following  amendment  to  Sec- 
i;ion  40 : 

Amend  by  striking  out  the  word  ''corrupt"'  in  first 
line. 

Gn  motion  of  Mr.  Coleman,  of  Greene,  the  amend- 
ment offered  by  Mr.  Gates  was  laid  upon  the  table. 

Gn  motion  of  Mr.  Gates  Section  40  was  adopted. 

RECONSIDERATION. 

Mr.  Burns  gave  notice  that  on  to-morrow  he  would 
move  to  reconsider  the  vote  by  which  Section  40  of  the 
report  of  the  Committee  on  Legislative  Department  was 
adopted. 

SECTION  FORTY-ONE. 

Was  read  at  length  as  follows : 

Sec.  41.  A  member  of  the  Legislature  who  has  a  per- 
sonal or  private  interest  in  any  measure  or  bill,  pro- 
posed or  pending  before  the  Legislature,  shall  disclose 
the  fact  to  the  Committee  of  which  he  is  a  member,  and 
shall  not  vote  thereon. 

Mr.  Burns  offered  the  following  amendment  to  Sec- 
tion 41,  which  was  read  at  length : 

Amend  by  inserting  after  the  Nxord  ''Legislature"  in, 
the  second  line,  the  word :  "Gr  who  is  the  officer,  agent 
or  attorney  of  any  corporation,  association  or  person 
having  such  interest."      And  by  iusei'ting  after  the  word 
"committee''  in  the  third  line,  the  Avords  ''or  house." 

Gn  motion  of  iNIr.  Gates  the  amendment  offered  by 
Mr.  Burns  was  lai-d  upon  the  table. 


Constitutional  Convention.  913 

Mr.  Ciiiiningham  offered  the  folloAving  amendment  to 
Section  41 : 

Amend  after  thereon  "unless  permission  is  authorized 
by  vote  of  house." 

On  motion  of  Mr.  Gates  tlie  amendment  offered  by 
Mr.  Cunningham  was  Laid  upon  the  table. 

On  motion  of  Mr.  Oates  Section  41  Avas  adopted. 

Mr.  Dent  arose  to  a  question  of  personal  privilege, 
and  proceeded  to  state  his  question  of  personal  privilege. 

adjournment. 

The  hour  of  1  o'clock  p.  m.  having  arrived,  under  the 
resolution  heretofore  adopted,  the  Convention  adjourned 
until  11  o'clock  a.  m.  Mondav. 


FIFTY-FIRST  DAY. 
Convention  Hall. 

Montgomery,  Ala.,  Monday,  July  23,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Andrews  of  the  city. 

roll    CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Brooks, 

Almon,  Bulger, 

Altman,  Burns, 

Ashcraft,  Carmichael  (Colbert), 

Barefield,  Chapman, 

Beddow,  Cobb, 

Bethune,  Cofer, 

Blackwell,  Coleman  (Greene), 

58 


914 


Journal  of  Alabama 


Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

deOrattenried, 

Eyster, 

Espy, 

Ferguson, 

Foshee, 

Foster, 

Freeman, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Handley, 

Harrison, 

Heflin  (Chambers), 

Hodges, 

Hood, 

Howell, 

llowze, 

Jenkins, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Ledl)etter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (AValker), 

Lowe  (Jefferson), 

Macdonald, 

Mc^NIillan  (Baldwin), 

McMillan  (Wilcox), 

^Falone, 

^Martin, 

Maxwell, 


Merrill, 
Moody, 
Mulkey, 
Murphree, 
Norman, 
Gates, 

O'Neal  (Lauderdale) y 
Opp, 
Palmer, 

Parker  (Elmore), 
Pettus, 
Pitts, 

Keynolds  (Chilton), 
Rogers  (Lowndes), 
I'ogers  (Sumter), 
Sam  ford, 
Sanders, 
Sun  ford, 
Sentell, 
Sloan, 

Smith  (]\robile), 
Smith,  Mac.  A. 
Smith,  Morgan  M., 
Sollie, 
Spears, 
Spragins, 
Stewart, 
Tayloe, 
Vaughan, 
Walker, 
Watts, 
Weatherly, 
White, 

Williams  (Barbour), 
Williams  HFarengo), 
Wilson  ( Clarke ),^ 
Wilson  (Washington) — 01, 


Constitutional  D^nvention.  915 

leave  of  absence 

Was  granted  to  Messrs.  Henderson,  Burnett,  Jackson, 
for  to-dav;  and  Cardon  indefinitely;  Searcy  and  Kirk 
for  to-dar;  Studdard  indefinitely. 

REPORT  OF   THE  COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following-  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  fiftieth 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor^  Chuinnun. 

STENOGRAPHIC  REPORT. 

Mr.  Brooks  called  the  attention  of  the  Convention  to 
certain  errors  in  the  stenographic  report  of  the  pro- 
ceedings of  yesterday. 

The  report  was  ordered  corrected. 

RESOLUTIONS  ON  FIRST  READING. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate  com- 
mittees as  follows: 

Resolution  2(33,  by  Mr.  Kyle: 

Resolved,  That  after  the  expiration  of  the  fifty  day 
limit  fixed  by  the  Legislature  in  calling  this  Convention, 
no  member  shall  receive  per  diem,  except  for  such  time 
as  the  Journal  shows  him  to  have  been  present,  and  that 
the  Secretary  of  this  Convention  is  instructed  that  this 
provision  apiDlies  to  all  officers  and  employees  as  well 
as  to  members  of  this  Convention. 

Mr.  Kyle  moved  that  the  resolution  be  referred  to 
the  Committee  on  Rules,  with  instructions  to  report 
not  later  than  Wednesday  of  the  present  week. 

The  motion  was  lost,  and  the  resolution  v^'as  referred 
to  the  Committee  on  Rules. 


916  Journal  of  Alabama 

Kesolution  264,  by  Mr.  liogers,  of  Lowndes : 

Resolution  to  elmnge  liule  36. 

Eesolved,  That  ayes  and  noes  shall  only  be  ordered 
"when  the  call  therefor  is  sustained  by  forty  delegates. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  265,  by  Mr.  Bulger: 

That,  whereas  this  Convention  has  been  in  session 
fift}'  days; 

That,  whereas  during  said  time  the  weather  has  been 
oppressively  hot,  and  many  confusions  and  complica- 
tions have  arisen,  which  were  calculated  to  confuse  and 
entangle,  not  only  the  Secretary  in  making  his  Journal, 
but  the  reading  clerk  in  taking  the  vote  and  calculat- 
ing the  same; 

That,  whereas,  during  all  this  confusion  and  compli- 
cations, both  the  Secretary  and  reading  clerk,  by  their 
energy,  industry  and  honest}^  of  purpose,  have  kept  not 
only  the  Journal,  but  the  official  calls  and  count  abso- 
lutely correct; 

That,  whereas,  in  every  test  of  the  Journal,  and  in 
every  verification  of  the  vote,  perfect  accuracy  has  been 
demonstrated ; 

Therefore,  be  it  resolved  by  the  people  of  Alabama, 
in  Convention  assembled,  that  commendation  and  thanks 
are  hereby  tendered  to  both  the  Secretary  and  reading 
clerk  of  the  Convention  for  the  faithful,  energetic  and 
accurate  nmnner  in  which  they  have  and  are  discharging 
the  duties  of  their  respective  offices. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  approprite  com- 
mittees as  follows: 

Ordinance  430,  by  Mr.  Reynolds,  of  Chilton : 
Be  it  ordained  by  the  people  in  Convention  assembled  : 
In  case  of  the  insolvency  of  any  incoi'porated  bank,  the 
stockholders  therein  shall  be  liable  for  the  full  amount 


Constitutional  Convention.  ')17 

of  the  stock  lield  by  each  of  them  respectively,  in  addi- 
tion to  the  amount  originally  subscribed  for  said  stock. 
The   ordinance   was   referred   to   the   Committee   on 
Banks  and  Banking. 

UNFINISHED  BUSINESS. 

The   Convention   proceeded   to   the   consideration   of 
the  unfinished  business,   which   was  the   report  of   the 
Committee  on  Legislative  Department. 
section  forty-two. 
Was  read  at  length  as  follows,  and  adopted : 
Sec.  42.    In  all  elections  by  the  Legislature,  the  mem- 
bers shall  vote  viva  voce,  and  the  votes  shall  be  entered 
on  the  Journals. 

SECTION  FORTY-THREE. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  43.     It  shall  be  the  duty  of  the  Legislature  to 
pass  such  laws  as  may  be  necessary  and  proper  to  decide 
differences  by  arbitrators,  to  be  appointed  by  the  par- 
ties, who  may  choose  that  mode  of  adjustment. 

SECTION  FORTY-FOUR. 

Was  read  at  length  as  follows : 

Sec.  44.  It  shall  be  the  duty  of  the  Legislature,  at 
its  first  session  after  the  ratification  of  this  Constitu- 
tion, and  within  every  subsequent  period  of  twelve 
years,  to  make  provision  by  law  for  the  revision,  digest- 
ing and  promulgation  of  the  public  statutes  of  this 
State,  of  a  general  nature,  both  civil  and  criminal. 

Mr.  Walker  offered  the  following  amendment  to  Sec- 
tion 44 : 

It  shall  be  the  duty  of  the  Legislature  to  make  provis- 
ion by  law  for  the  revision,  digestion  and  promulgation 
of  the  public  statutes  of  the  State  of  a  general  nature^ 
both  civil  and  criminal,  every  twelve  years. 

Mr.  Watts  oifered  the  following  substitute  for  Section 
44  and  the  amendment  of  ]Mr.  Walker : 


918  Journal  of  Alabama 

Amend  Section  44,  Legislative  rep(n't,  by  substitut- 
ing for  said  section  tlie  following,  viz. : 

It  shall  be  the  duty  of  the  Legislature,  in  1906,  and 
within  every  subsequent  period  of  t\\'elve  years,  to  make 
provision  by  law  for  the  revision,  digestion  and  promul- 
gation of  tiie  public  statutes  of  this  State  of  a  general 
nature,  both  civil  and  criminal. 

The  substitute  offered  by  Mr.  Watts  was  lost. 

The  question  recurred  upou  the  adoption  of  the  amend- 
ment offered  by  Mr.  Walker. 

The  amendment  was  lost. 

On  motion  of  Mr.  Gates  Section  44  was  adopted. 

SECTION  FORTY-FIVE. 

Was  read  at  length  as  follows : 

Sec.  45.  The  Legislature  shall  pass  such  penal  laws 
as  they  may  deem  expedient,  to  suppress  the  evil  prac- 
tice of  dueling. 

Mr.  Murphree  offered  the  following  amendment  to 
Section  45 : 

Add  at  the  end  of  section  the  words :  And  carrying  con- 
cealed pistols. 

On  motion  of  Mr.  Carmichael,  (»f  Colbert,  the  amend- 
ment was  laid  ujwn  the  table. 

On  motion  of  ]Mr.  Oates  Section  45  was  adopted. 

SECTION  FORTY-SIX. 

Was  read  at  length  as  follows,  and  adopted: 
Sec.  40.  It  shall  be  the  duty  of  the  Legislature  to 
regulate  by  law  the  cases  in  which  deduction  shall  be 
made  from  the  salaries  of  public  officers  for  neglect  of 
duty  in  their  official  capacities,  and  the  amount  of  such 
deduction. 

SECTION    FORTY-SEVEN. 

Was  read  at  length  as  follows : 

Sec.  47.  It  shall  be  the  dntv  of  the  Legislature  to  re- 
quire the  several  counties  of  th^s  State  to  make  ade- 


Constitutional  Convention.  919 

quate  provision  for  the  mainteiiauce  of  the  poor,  indi- 
gent, idiots  and  insane  pereons. 

Mr.  Samford  offered  the  following  anienduient  to 
Section  47 : 

Sec.  47.  It  shall  be  the  dnty  of  the  Legislature  to  re- 
quire the  several  counties  of  this  State  to  make  ade- 
quate provision  for  the  maintenance  of  the  poor  and  in- 
digent idiots. 

Mr.  O'eal,  of  Lauderdale,  offered  the  following  amend- 
ment to  the  amendment  offered  by  Mr.  Samford : 

It  shall  be  the  duty  of  the  Legislature  to  require  the 
several  counties  of  this  State  to  make  adequate  provis- 
ion for  the  maintenance  of  the  poor  and  indigent  idiots. 
The  Legislature  shall  also  make  adequate  provision  for 
the  care  and  maintenance  by  the  State  of  insane  per- 
sons. 

The  amendment  offered  by  Mr.  O'Neal,  of  Lauderdale, 
was  lost. 

Mr.  Long,  of  Walker,  offered  the  following  substitute 
for  the  amendment  offered  by  Mr.  Samford,  which  was 
adopted : 

Amend  Section  47  by  striking  out  all  words  after  the 
word  "poor"  in  the  second  line. 

Then  the  question  recurred  upon  the  adoption  of  the 
amendment  of  Mr.  Samford  as  amended. 

The  amendment  as  amended  was  adopted. 

On  motion  of  Mr.  Oates  Section  47,  as  amended,  was 
?.r'<>pted. 

SECTION    forty-eight. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  48.     The  Legislature  shall  not  have  power  to 
authorize  any  municipal  corporations  to  pass  any  laws 
inconsistent  with  tlie  general  laws  of  this  State. 

SECTION   FORTY-NINE, 

.Was  read  at  length  as  follows : 

Sec.  49.  In  tlie  event  of  annexation  of  any  foreign 
territory  to  this  State,  tlie  Legislature  shall  enact  laws 


920  Journal  of  Alabama 

extending  to  the  inhabitants  of  the  acquired  territory 
all  the  rights  and  privileges  which  ma}^  be  required  by 
the  terms  of  the  acquisition,  anything  in  this  Constitu- 
tion to  the  contrary  notwithstanding. 

Mr.  Jones,  of  Wilcox,  offered  the  following  amend- 
ment to  Section  49 : 

Amend  Section  49  hy  striking  out  in  lines  three  and 
four  '"iinything  in  this  Constitution  to  the  contrary  not- 
withstanding," and  add  "should  the  State  purchase  such 
foreign  territory,  the  Legislature,  with  the  approval  of 
the  Governor,  shall  be  authorized  to  expend  any  moncj^ 
in  the  treasury,  not  otherwise  appropriated,  and  if  neces- 
sary, to  provide  also  for  the  issuance  of  State  bonds  to 
pay  for  the  purchase  of  said  foreign  territory,  anything 
in  this  Constitution  to  the  contrary  notwithstanding."^ 

Mr.  Dent  offered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Jones,  of  Wilcox: 

Strike  out  of  the  amendment  submitted  by  the  dele- 
gate from  Wilcox  tlie  Avords  "anything  in  this  Consti- 
tution to  the  contrary  notwithstanding,"  and  add  the 
following:  "Not  inconsistent  witli  this  Constitution." 

The  amendment  offered  by  Mr.  Dent  was  adopted. 

The  question  recurred  upon  the  adoption  of  the  amend- 
ment of  Mr.  Jones,  of  Wilcox,  as  amended. 

The  amendment,  as  amended,  was  adopted. 

On  motion  of  Mr.  Gates  Section  49,  as  amended,  wns 
adopted. 

SECTION   FIFTY. 

Was  read  at  length  as  follows : 

Sec.  50.  The  Legislature  shall  not  tax  the  property,, 
real  or  personal,  of  the  State,  counties  or  other  muni- 
cipal corporations,  or  cemeteries;  nor  lots  in  incorpor- 
ated cities  or  towns,  or  within  one  mile  of  any  city  or 
town,  to  the  extent  of  one  acre,  nor  lots  one  mile  or  more 
distant  from  such  cities  or  towns,  to  the  extent  of  five 
acres,  with  the  buildings  thereon,  when  the  same  are 
used  exclusively  for  religious  worship,  for  public  schools 
or  for  purposes  purely  charitable. 


Constitutional  Convention.  921 

Mr.  Watts  offered  the  following  amendment  to  Sec- 
tion 50 : 

Amend  Sec-tion  50,  Legislatiye  report,  by  striking  out 
all  after  ''cemeteries"  in  the  second  line. 

The  amendment  offered  by  Mr.  Watts  was  lost. 

On  motion  of  ^Ir.  Gates  Section  50  was  adopted. 

section  fifty-one. 

Was  read  at  length  as  follows,  and  adopted  : 
Sec.  51.  The  Legislature  shall,  by  law,  prescribe  such 
rules  and  regulations  as  may  be  necessary  to  ascertain 
the  value  of  personal  and  real  property,  exempted  from 
sale  under  legal  process  by  this  Constitution ;  and  to 
secure  the  same  to  the  claimant  thereof  as  selected. 

section  fifty-two. 

Was  read  at  length  as  follows : 

Sec.  52.  The  State  may  construct  and  own  works  of 
internal  improvement,  having  for  their  object  the  con- 
veyance or  transportation  of  passengers  and  freight,  but 
shall  not  sell  or  mortgage  such  improvement,  nor  lend 
its  money  or  credit  in  aid  of  such;  nor  shall  the  State 
be  interested  in  any  private  or  corporate  enterprise,  or 
lend  money  or  its  credit  to  any  individual,  association 
or  corporation. 

Mr.  Handlev  offered  the  following  stibstitute  for  Sec- 
tion 52 :  ' 

The  State  of  Alabama  shall  not  engage  in  internal  im- 
provements, nor  be  interested  in  any  private  or  corpor- 
ate enterprises,  or  lends  its  money  or  credit  to  any  indi- 
vidual, association  or  corporation. 

RECESS. 

The  hour  of  1  o'clock  p.  m.  arrived,  the  Convention 
recessed  until  3  :30  p.  m.  this  afternoon. 


^22  JouKNAL  OF  Alabama 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
•delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Foster, 

Almon, 

Freeman, 

Altman, 

Glover, 

Ashcraft, 

Handley, 

Banks, 

Harrison, 

Barefield, 

Heflin  (Chambers), 

Beddow, 

Heflin  (Randolph), 

Bethune, 

Hodges, 

Blackwell, 

Hood, 

Brooks, 

Howell, 

Browne, 

Howze, 

Bulger, 

Inge, 

Burnett, 

Jenkins, 

Burns, 

Jones  (AVilcox), 

Byars, 

Knight, 

Cardon, 

Kyle, 

€armichael  (Colbert), 

Ledbetter, 

Cobb, 

Leigh, 

Cofer, 

Locklin, 

Coleman  (Greene), 

Lomax, 

Craig, 

Long  (Butler), 

C.'unningham, 

Long  (Walker), 

Davis  (DeKalb), 

Macdonald, 

Davis  (Etowah), 

McMillan  (Baldwin), 

Dent, 

McMillan  (Wilcox), 

deGraffenried, 

^falone. 

Duke, 

^Faxwell, 

T^ley, 

^Ferrill, 

Eyster, 

Moody, 

Espy, 

INFulkey, 

Foshee, 

^[urphree. 

Constitutional  Convention. 


923 


Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opj), 

Palmer, 

Parker  (Cullman), 

Pettus, 

Keynolds  (Chilton), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 


Smith,  Morgan  M., 
Sollie, 
Sorrel  1, 
Spears, 
Spragins, 
Stewart, 
Studdard, 
Tayloe, 
Vaughan, 
Waddell, 
Walker, 
.  Watts, 
Weatherly, 
White, 

Williams  (Barbour), 
Williams  ( M  a  rengo ) , 
Wilson  (Washington)- 


-98. 


reconsideration. 

Mr.  Brooks  gave  notice  that  on  to-morrow  he  would 
move  to  reconsider  the  vote  by  wliich  Section  47  of  the 
report  of  the  Committee  on  Legislative  Department 
was  adopted. 

CO^IMITTEE    GRANTED    LEAVE   TO    SIT   DI^RING    SESSION. 

On  motion  of  Mr.  Harrison,  the  chairman  of  the  Com- 
mittee on  Corporations,  the  Committee  on  Corporations 
were  granted  leave  to  sit  during  the  afternoon  session 
of  to-dav. 


UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Legishitive  Department. 

The  question  was  upon  the  adoption  of  the  substitute 
offered  by  Mr.  Handley  for  Section  52. 

By  unanimous  consent  Mr.  Handley  withdrew  his  sub- 
stitute and  offered  in  lieu  of  the  same  the  following  sub- 
stitute : 


924 


Journal  of  Alabama 


Sec.  52.  The  State  shall  not  engage  in  works  of  in- 
ternal improvement  nor  lend  money  or  its  credit  in  aid 
of  such ;  nor  shall  the  State  be  interested  in  an}-  private 
or  corporate  enterprise,  or  lend  money  or  its  credit  to- 
any  individual,  association  or  corporation. 

The  substitute  was  adopted :  Yeas,  TO ;  nays,  19. 


YEAS. 


Messrs.  Almon, 

Altman,- 

Banks, 

Barefield, 

Bethune, 

Blackwell, 

Brooks, 

Carmichael   ( Colbert ) , 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Craig, 

Davis  (DeKalb), 

Davis,   (Etowah), 

de<Traffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Poster, 

Glover, 

Graham  (Montgomery), 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Eandolph), 

Hodges, 

Hood. 

Howell, 

Howze, 

Inge, 


Jenkins, 

Jones  (Wilcox), 

Ledbettei, 

Locklin, 

Lowe  (Jefferson), 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

^Maxwell, 

Merrill, 

Moody, 

JMurphree, 

Norman, 

Norwood, 

O'Neal   (Lauderdale), 

Opp, 

Palmer, 

Parker  (Cullman), 

Pitts, 

Lvooers  (Lowndes), 

Sanford, 

Sanders, 

Smith  (Mobile), 

Siuith,  Mac.  A. 

Smith,  iNForgan  M., 

Sollie, 

Sorrell, 

Spragins, 

Stewait, 

Tayloe, 

Vaughan, 


Constitutional  Convention. 


925 


Waddell, 
Walker, 

AVatts, 


Weatlierly, 
Williams  (Barbour), 
Williains  (^Jarengo) — 70. 


A'AYS. 


jNIessrs.  Ashcraft, 

Beddow, 

Dent, 

Foshee, 

Freeman, 

•Grant, 

Kniii-ht, 

Kyle, 

Macdonald, 

Miilkey, 


Oates, 

Pettiis, 

IJeyuolds  (Chilton), 

Rogers  (Sumter), 

San  ford, 

Sloan, 

S])ears, 

White, 

Wilson  ( Washington ) 


-19. 


On  motion  of  Mr.  Oates  Section  52,  as  amended,  was 
adopted, 

SECTION   FIFTY-THEEE. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  53.  The  Legislature  shall  have  no  power  to 
authorize  any  county,  city,  town  or  other  subdivision  of 
this  State  to  lend  its  eredit,  or  to  grant  public  money 
or  thing  of  value,  in  aid  of,  or  to  any  individual,  asso- 
ciation or  corporation  whatsoever,  or  to  become  a  stock- 
holder in  any  such  corporation,  association,  or  company 
bv  issuing  bonds  or  otherwise. 


SECTION  FIFTY-FOUR. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  54.  There  can  be  no  law  of  this  State  impairing 
the  obligation  of  contracts  by  destroying  or  impairing 
the  remedy  for  their  enforcement;  and  the  Legislature 
shall  have  no  power  to  revive  any  right  or  remedy  which 
may  have  become  barred  by  lap.se  of  time,  or  bv  any 
.statute  of  this  State. 


926  Journal  of  Alarama 

.Si:CTION  FIFTY-FIVE. 

Was  read  at  leugtli  as  follows : 

Sec.  55.  The  Le.uislature  shall  not  enact  any  law  for 
one  or  more  counties  not  applicable  to  all  the  counties 
in  the  State;  increasing  the  uniform  charge  for  the 
registration  of  deeds  and  conveyances  or  regulating 
costs  and  charges  of  courts,  or  fees,  commissions  or  al- 
lowances of  public  officers. 

^Ir.  Gates  offered  the  following  amendment  to  Sec- 
tion 55,  which  was  adopted: 

Amend  Section  55  by  striking  out,  in  line  one,  after 
the  word  ''law,"  the  words  "for  one  or  more  counties,'^ 
and  also  by  striking  out  in  lines  two  and  three  the  words 
"increasing  the  unifonn  charge  for  the  registration  of 
deeds  and  conveyances  or.'' 

On  motion  of  ^Ir.  Gates  Section  55,  as  amended,  was 
adopted. 

SECTION    FIFTY-SIX. 

Was  read  at  length  as  follows,  and  adopted : 

Sec.  56.    The  Legislature  shall  not  authorize  payment 

to  any  person  of  the  salary  of  a  deceased  officer  Iseyond 

the  date  of  his  death. 

SECTION    FIFTY-SEVEN. 

Was  read  at  length  as  follows  and  adopted. 

Sec.  57.  The  Legislature  shall  not  retire  any  officer 
on  pay,  or  part  i)ay,  or  make  any  grant  to  such  retiring 
officer. 

SECTION   FIFTY-EIGHT. 

Was  read  at  lengtli  as  follows: 

Sec.  58.  Lands  belonging  to,  or  under  the  control  of 
the  State  shall  never  he  donated  directly  or  indirectly 
to  private  corporations  or  individuals,  or  railroad  com- 
panies; nor  shall  such  lands  be  sold  to  corporations  or 
associations  for  a  less  price  than  that  for  which  it  is 


*S 


Constitutional  Convention.  927 

subject  to  sale  to  iiidividuals;  j)rovided,  that  nothing 
contained  in  this  section  shall  prevent  the  Legislature 
Irom  granting  a  right  of  way,  not  exceeding  100  feet  in 
width,  as  a  mere  easement,  to  railroads  across  State 
land,  and  the  Legislature  shall  never  dispose  of  the 
land  covered  by  said  right  of  way,  except  subject  to  said 
easement. 

Mr.  Lowe,  of  Jefferson  offered  the  following  amend- 
ment to  Section  58 : 

Amend  Section  58  of  Section  4  by  inserting  in  the 
sixth  line  thereof  immediately  after  the  word  ''rail- 
roads'' the  words  ''or  telegraph  or  telephone  lines.'- 

The  amendment  of  Mr.  Lowe,  of  Jefferson,  was- 
adopted. 

Mr.  Samford  offered  the  following  amendment  to  Sec- 
tion 58: 

Amend  b}^  making  "100  feet"  read  "125  feet.'' 

The  amendment  of  Mr.  Samford  was  adopted. 

On  motion  of  Mr.  Oates  Section  58,  as  amended,  was. 
adopted. 

SECTION  FIFTY-NINE. 

Was  read  at  length  as  follows  and  adopted. 

Sec.  59.  No  obligation  or  liability  of  any  person,  as- 
sociation or  corporation  held  or  owned  by  this  State, 
or  by  any  county,  or  other  municipality  thereof,  shall 
ever  be  remitted,  released,  or  postponed,  or  in  any  way 
diminished,  by  the  Legislature;  nor  shall  such  liability 
or  obligation  be  extinguished  except  by  payment  there- 
of into  the  proper  treasury;  nor  shall  such  liability,  or 
obligation  be  exchanged  or  transferred  except  upon 
payment  of  its  face  value;  provided,  that  this  section 
shall  not  prevent  the  Legislature  from  providing,  by 
general  law,  for  the  compromise  of  doubtful  claims. 

SECTION   SIXTY. 

Was  read  at  length  as  follows  and  adopted. 

Sec.  60.  The  Legislature  shall  provide,  by  general 
laws,  for  the  location  or  removal  of  county  seats  by  a 
vote  of  the  people  of  the  county  to  be  affected. 


928  Journal  of  Alabama 

rfxonsideration. 

Mr.  Coleman,  of  Greeue,  moved  that  the  rules  be  sus- 
pended in  order  that  he  might  move  a  reconsideration  of 
the  A'ote  by  which  Section  60  was  adopted. 

The  rules  were  suspended  and  the  Section  (60)  was 
reconsidered. 

On  motion  of  Mr.  Coleman,  of  Greene,  Section  60  was 
stricken  out. 

SECTION  SLXT Y-ON E. 

Was  read  at  length  as  folloAvs  and  adopted : 
Sec.  61.  No  State  or  county  official  shall,  at  any 
time  during  his  term  of  office,  accept,  either  directly  or 
indirectly,  any  fee,  money,  office,  appointment,  employ- 
ment, reward  or  thing  of  value,  or  of  personal  advan- 
tage, or  the  promise  thereof,  to  lobby  for  or  against  any 
measure  pending  before  the  Legislature,  or  to  give  or 
withhold  his  influence  to  secure  the  passage  or  defeat 
of  any  such  measure. 

SECTION  SIXTY-TWO. 

Was  read  at  length  as  follows : 

Sec.  62,  The  Legislature  shall  never  pass  any  law  to 
authorize  or  legalize  any  marriage  of  any  white  person 
and  a  negro  or  descendant  of  a  negro  to  the  third  gene- 
ration inclusive,  though  one  ancestor  of  each  generation 
be  a  white  person. 

Mr.  Vaughan  offered  the  following  amendment  to 
Section  62 : 

Amend  Section  62  by  striking  all  the  words  after  the 
word  ''negro"  where  it  appears  a  second  time  in  the 
second  line. 

Mr.  Gates  moved  to  table  the  amendment  offered  by 
Mr.  Vaughan. 

The  motion  was  lost. 

And  the  amendment  of  Mr.  Vaughan  was  adopted. 

Mr.  Long,  of  Walker,  offered  the  following  amend- 
ment to  Section  62 : 

Amend  Section  62  by  adding  after  the  woiNi  "negro" 
in  second  line  the  words  "Chinese  and  Indians.'^ 


Constitutional  Convention.  929 

On  motion  of  Mr.  Jenkins  tlie  amendment  of  Mr.  Long 
of  Walker  was  laid  upon  the  table. 

Mr.  Chapman  offered  the  folloAving  amendment  to  Sec- 
tion 62 : 

Amend  Section  02  b}'  striking-  out  the  Avord  "of"  at 
the  end  of  the  first  line,  and  insert  in  lieu  thereof  the 
word  "between." 

The  amendment  of  Mr.  Chapman  was  adopted. 

On  motion  of  Mr.  Oates  Section  62,  as  amended,  was 
adopted. 

section  sixty-three. 

Was  read  at  length  as  follows : 

Sec.  63.  The  Legislature  shall  provide  by  law  for  the 
regulation  and  reasonable  restraint  of  trusts,  monopolies 
and  combinations  of  capital,  so  as  to  prevent  them  from 
making,  by  such  artificial  means,  articles  of  necessity, 
trade  or  commerce  scarce  or  by  increasing  the  cost 
thereof  to  the  consumer,  or  by  preventing  reasonable 
competition  in  any  calling,  trade  or  business. 

Mr.  Brooks  offered  the  following  ordinance  as  a  sub- 
stitute for  Section  63 : 

It  shall  be  the  dut^^  of  the  General  Assembly,  by  ap- 
propriate legislation,  to  prohibit  c-oml)inations  by  two 
or  more  persons,  corporations  or  associations,  to  enter 
into  or  carry  out  any  contract  or  agreement  by  which 
they  shall  bind  or  have  bound  themselves  to  fix  the  price 
of  any  article,  commodity  or  transportation  between 
them,  or  between  themselves  and  others,  so-  as  to  di- 
rectly or  indirectly  preclude  a  free  and  unrestricted 
competition  among  themselves  or  any  purchaser  or  con- 
sumer in  the  State,  or  transportation  of  any  such  article 
or  commodity  or  l)y  which  they  shall  agree  to  pool,  com- 
bine, or  directly  or  indirectly  unite  any  interests  they 
may  have  connected  with  the  sale  and  transportation  of 
any  such  article  or  commodity  that  its  price  might  in 
any  manner  ])e  affected.  Every  such  combination  is  a 
trust  within  the  meaning  of  the  Constitution,  and  is 
hereby  declared  to  be  in  derogation  of  the  rights  of  the 

59 


930 


Journal  of  Alabama 


people,  imlaAvfiil,  against  public  policy  and  void,  and 
of  nt)  effect. 

Mr,  Eyster  offered  the  following  amendment  to  the 
substitute  offered  by  Mr.  Brooks : 

Amend  line  2,  Section  63,  by  adding  after  the  word 
''capital'-'  and  before  the  word  "so"  the  words  ''or  labor." 

Mr.  Long,  of  Walker,  moved  to  table  the  section  and 
pending  amendments. 

Mr.  deGraffenried  demanded  a  division  of  the  ques- 
tion, and  the  amendment  offered  by  Mr.  Eyster  for  the 
substitute  offered  by  Mr.  Brooks  Avas  laid  upon  the  table.. 
Yeas,  81 ;  nays,  2. 

YEAS.. 


Messrs.  Almon, 

Heflin  (Chambers), 

Ashcraft, 

lleflin  ; Randolph), 

Banks, 

Hodges, 

Barefield, 

Hood, 

Beddow, 

Howell, 

Bethune, 

Howze, 

Blackwell, 

Inge, 

Brooks, 

Jones  (Wilcox), 

Bulger, 

Knight, 

Burns, 

Kyle, 

Carmichael  (ColbeBt), 

heigh, 

Cobb, 

Locklin, 

Gofer, 

Long  (Walker), 

Coleman  (Greene), 

Lowe  (Jefferson), 

Craig, 

Macdonald, 

Davis  (DeKalb), 

McMillan  (Baldwin), 

Davis  (Etowah), 

McMillan  (Wilcox), 

Dent, 

Malone, 

deGraffenried, 

-Martin, 

Duke, 

Max\v.-ll, 

Eley, 

:\ferrill, 

Espy, 

^^oodv, 

Glover, 

:vrulkey. 

Graham  (Montgomery),. 

^fnrphree. 

Handley, 

Norwood, 

Harrison, 

Gates,. 

Constitutional  Convention. 


931 


O'Neal  (Lauderdale), 

Opp, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Pitts, 

Reynolds  (Chilton), 

Ixogers  (Lowndes), 

Rogers  (Sumter), 

Sanford, 

Sanders, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M. 


Sollie, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weatherly, 

White, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Washington) — ^81. 


nays. 


Messrs.  Fosliee, 


Jenkins — 2. 


The  question  recurred  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Brooks. 

The  substitute  offered  b}^  Mr.  Brooks  was  laid  upon 
the  table:  Yeas,  51;  nays,  37. 


YEAS. 


Messrs.  Almon, 

Altman, 

Ash  era  ft, 

Barefield, 

Blackwell, 

Bulger, 

Carmichael  (Colbert), 

Chapman, 

Coleman  (Greene), 

Dent, 

deCraffenried, 

Duke, 

Eley, 

Eyster, 


Foshee, 

Graham  (Montgqmery), 

Harrison, 

Hood, 

Howze, 

Inge, 

Jenkins, 

Jones  ( Montgomery ) , 

Jones  (Wilcox), 

Knight, 

Long  (Walker), 

Lowe  (Jefferson), 

^Martin, 

Maxwell, 


932 


Journal  of  Alabama 


Miilkej', 

Murphree, 

Norman, 

Oates, 

O'Neal  (Lauderdale)  J 

Opp, 

Palmer, 

Parker  (Cullman), 

Pitts, 

Rogers  (Sumter), 

Samford, 

Sanders, 


Smith  (Mobile), 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weatherly. 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  (Washington) — 51. 


NAYS. 


Messrs.  Banks, 

Beddow, 

Bethune, 

Brooks, 

Burns, 

Cobb, 

Cofer, 

Craig, 

Tavis  (DeKalb), 

Davis  (Etowah), 

Espy, 

Glover, 

Handley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Howell, 

Kyle, 

l^eigh, 

Locklin, 


Macdonald, 
McMillan  (Baldwin), 
McMillan  (Wilcox), 
Malone, 
Merrill, 
Moody, 
Norwood, 
Pettus, 

Reynolds  (Chilton), 
Rogers  (Lowndes), 
Sloan, 

Smith,  Mac.  A., 
Smith,  Morgan  M., 
Sollie, 
Spears, 
Spragins, 
Stewart, 
White— 37. 


The  question  then  recurred  upon  the  motion  to  table 
Section  63. 

The  motion  was  lost :  Yeas,  7 ;  nays,  79. 


Constitutional  Convention. 


933 


Messrs.  Brooks, 

Fosliee, 

Hood, 

Long  (Walker), 


YEAS. 


Mulkey, 

Norman, 
Walker — 7 


nays. 


Messrs.  Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Bethune, 

Blackwell, 

Bulger, 

Oaruiic'hael   ( Colbert ) , 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

derxraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Glover, 

Graham  (Montgomery), 

Handley, 

Harrison, 

Heflin  (Chambers), 

TToflin  fT^andolph), 

Howell, 

Howze, 

In^e, 


Jenkins, 

Jones  ( Montgomery)  y 

Jones  (Wilcox), 

Knight, 

Kyle, 

Leigh, 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Mai  one, 

Martin, 

Maxwell, 

Merrill, 

Moody, 

Murphree, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Pitts. 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

^^auders, 

Sanders, 

Sloan, 

Smith  (Mobile), 

Sill  ill),  Mac.  A., 


934  Journal  of  Alabama 

Smith,  Morgan  M.,  Watts, 

Sollie,  Weatherly, 

Spears,  White, 

Spragins,  AVilliams   (Barbour), 

Stewart,  Williams  (Marengo), 

Tajloe,  Wilson  (Clarke), 

Vaughan,  Wilson  (Washington) — 79. 

Wa.ddell, 

Mr.  Coleman,  of  Greene,  offered  the  following  amend- 
ment to  Section  63 : 

Amend  Section  63  so  that  it  shall  read  as  follows : 

The  Legislature  shall  provide  by  law  for  the  regula- 
tion and  reasonable  restraint  of  common  carriers,  part- 
nerships and  associations,  trusts,  monopolies  and  com- 
binations of  capital,  so  as  to  prevent  them  or  either  of 
them  from  making  the  articles  of  necessity,  trade  or 
commerce,  or  from  increasing  unreasonably  the  cost 
thereof  to  the  consumer,  or  preventing  reasonable  eom- 
petition  in  any  calling,  trade  or  business. 

The  amendment  of  Mr.  Coleman,  of  Greene,  was 
adopted. 

Mr.  Lowe,  of  Jefferson,  offered  the  following  amend- 
ment : 

Amend  Section  63  of  Article  IV  by  inserting  before 
the  word  "regulation''  the  words  "prohibition  or"  and 
striking  out  the  word  ^'and''  immediately  after  the  word 
''regulation''  in  the  first  line. 

The  amendment  of  Mr.  Lowe,  of  Jefferson,  was 
adopted. 

On  motion  of  ^Tr.  Gates  Section  63,  as  amended,  was 
adopted. 

SUSPENSION  OF  RULES. 

On  motion  of  "Mr.  Coleman,  of  Greene,  the  rules  were 
suspended  and  tlie  Convention  decided  to  remain  in  ses- 
sion until  the  report  of  the  Committee  on  Legislative 
Department  was  disposed  of. 


Constitutional  Convention.  935 

section  sixty-four. 

Was  read  at  length  as  follows : 

Sec.  64.  The  Senators  and  Representatives  shall,  be- 
fore entering  on  their  official  duties,  take  the  following 

oath,  to-wit:  "I,  ,  do  solemnly  swear   (or 

affirm,  as  the  case  ma}^  be),  that  I  will  support  the  Con- 
stitution of  the  United  States  and  of  the  State  of  Ala- 
bama, and  particularly  observe  and  obey  all  the  pro- 
visions of  the  latter  relating  to  the  Legislative  Depart- 
ment, to  the  best  of  my  ability,  so  help  me  God." 

Mr,  Coleman,  of  Greene,  offered  the  following  amend- 
ment to  Section  04,  which  was  adopted : 

xVmend  Section  64  of  the  Legislative  Department  by 
inserting  after  the  word  "and"  in  the  third  line  the 
"words  "the  Constitution,"  and  the  further  amend  said 
section  by  striking  out  all  of  tlie  fourth  line  after  the 
word  "Alal^ama,"  and  strike  out  the  word  "Legislative 
Department"  in  the  fiftli  line. 

Mr.  Burns  offered  the  following  substitute  for  Sec- 
tion 64  and  the  amendment : 

Strike  out  all  of  Section  64,  and  insert : 

That  the  President  of  the  Senate  and  Speaker  of  the 
House  shall  receive  six  (6)  dollars  per  diem  and  10 
cents  mileage. 

On  motion  of  Mr.  Aslicraft  the  substitute  of  Mr. 
Burns  was  laid  upon  the  table. 

On  motion  of  Mr.  Oates  Section  64,  as  amended,  was 
adoioted. 

Mr.  Smith,  of  Mobile,  offered  the  following  amend- 
ment to  the  report  of  the  Committee  on  Legislative  De- 
partment : 

Amend  the  article  reported  by  the  Committee  on  Leg- 
islation by  adding  thereto  tlie  following,  as  a  separate 
section : 

If  at  any  time  it  should  become  impossible  or  danger- 
ous for  the  Legislature  to  meet  or  remain  at  the  Capi- 
tol, or  for  the  Senate  to  meet  or  remain  in  the  Senate 
chamber,  or  for  tlie  Representatives  to  meet  or  remain 
in  tlie  hall  of  the  Representatives,  the  Governor  may 
<?onveiie  tlie  Legislature  or  remove  it  after  it  has  con- 


936  Journal  of  Alabama 

Tened,  to  some  other  place,  or  may  designate  some  other 
place  for  the  sitting  of  the  respective  houses  or  either 
of  them,  as  necessity  may  require. 

On  motion  of  Mr.  Heflin,  of  Chambers,  the  amend- 
ment offered  by  Mr.  Smith,  of  Mobile,  was  adopted. 

Mr.  Beddow  offered  the  following  amendment  to  the 
report  of  the  Committee  on  Legislative  Department: 

Amend  Article  on  Legislative  Department  l)y  -adding 
to  the  end  thereof  an  additional  section,  viz. : 

Sec.  66.  All  printing  and  stationery  furnished  under 
Section  28  of  this  article  shall  bear  the  union  label  of 
the  Typographical  union,  provided  that  printing  estab- 
lishments having  in  their  employment  union  labor  are 
the  lowest  responsil)le  bidder  below  a  maximum  price. 

On  motion  of  jNIr.  Oates  the  amendment  of  Mr.  Bed- 
dow was  laid  upon  the  table. 

reconsideration:.. 

Mr.  Smitli,  of  Mobile,  gave  notice  that  on  to-morrow 
he  Avould  move  to  reconsider  tlie  vote  by  wliicli  Section 
59  was  adopted. 

ADJOURNMENT. 

The  report  of  the  Committee  on  Legislative  Depart- 
ment having  been  disposed  of,  the  Convention  adjourned 
until  9:30  o'clock  to-morrow  mornina.. 


FIFTY-SECOND  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Tuesday,  July  23,  1001. 

The  Coiiveiitiou  met  pursuant  to  adiourument. 
Praver  was  offered  bv  T\ev.  Mr.  Andrews  of  the  citr^. 


Constitutional  Convention. 


937 


ROLL  CALL. 


On  a  call  of  the  roll  of  the  Convention  the  foUowina: 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almoii, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Oarmichael   (Colbert" 

Chapman, 

Cohb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Craig, 

Davids  (DeKalh), 

Davis  (Etowah), 

Deut, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Foster, 

Espy, 

Pitts, 

Foshee, 

Foster, 


Glover, 

Graham  ( Montgomery ) , 

Graham  ( Talladega ) . 

Grant, 

Greer  (Perry), 

Handley, 

Harrison, 

lieflin  (Chambers), 

Ueflin  ( Randolph  )„ 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (^Vilcox), 

Kirkland, 

Knight, 

Kyle, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

^Facdonald, 

McMillan  (Baldwin), 

:\rcMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

driller  (Wilcox), 

bloody, 

^Furphree, 

Norman, 


938 


Journal  of  ALAr,A:MA 


Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Rogers   ( Lowndes ) , 

Rogers  (Sumter), 

8auiford, 

Sanders, 

Sanford, 

Searcy, 


Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spears. 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

AVeatherlv, 

AVhite, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo)— 106. 


LEAVE  OF  ABSENCE. 

Was  granted  to  Messrs.  Greer  of  Calhoun  indefinitely ; 
Fletcher  for  to-day  and  yesterday;  Jones  of  Montgom- 
-ery;  and  Reese  for  to-day;  Thompson  of  Bibb  for  yes- 
terday; Kyle  for  to-morrow. 


REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  fifty-first 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

Mr.  Heflin,  of  Randolph,  offered  the  following  resolu- 
tion, the  rules  were  suspended,  and  the  resolution  was 
:adopted : 


Constitutional  Convention.  939 

Resolution  206 : 

Resolved,  That  Capt.  John  F.  Burns,  Avho  is  the  qnar- 
termaster  of  the  State  cavalry,  and  who  has  served  the 
State  faithfully  for  years  without  pay,  be  granted  leave 
of  absence  for  a  few  days  during  the  encampment  that 
he  may  perform  the  duties  of  his  position. 

OIIDINANCES    ON    FIRST    READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length  and  referred  to  appropriate  com- 
mittees as  follows : 

Ordinance  431,  by  Mr.  Lowe,  of  Jefferson : 

An  ordinance  concerning  the  qualifications  to  be  re- 
quired of  citizens  before  they  can  become  electors  and 
voters  in  the  State  of  Alabama. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  432,  by  Mr.  John  ^y.  A.  Sanford : 

Authorizing  the  Legislature  to  construct  a  canal  fr')m 
the  city  of  Birmingham  to  the  Warrior  river. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  433,  by  Mr.  John  AV.  A.  Sanford : 

To  limit  the  ownership  of  land  in  Alabama  by  cor- 
porations to  1,000  acres,  unless  given  permission  by  the 
Legislature  to  hold  a  greater  amount. 

The  ordinance  was  referred  to  the  Committee  on 
Corporations. 

STENOGRAnilC  REPORT. 

]\rr.  Pettus  called  the  attention  of  the  Convention  to 
certain  eriY)rs  in  the  stenographic  report  of  the  proceed- 
ings of  yesterday. 

The  report  was  ordered  corrected. 

QUESTION    OF    PERSONAL    FRIVILEGE. 

]Mr.  Lomax  arose  to  a  question  of  personal  privilege. 

RECONSIDERATION. 

^h\  Smith,  of  Mobile,  moved  to  reconsider  the  vote 
by  which  Section  59  was  adopted  on  yesterday. 


940  Journal  of  Alabama 

The  motion  prevailed. 

Mr.  Smith,  of  Mobile,  offered  the  following  amend- 
ment to  Section  59 : 

Amend  Section  59  of  the  article  reported  by  the  Com- 
mittee on  Legislation  by  striking  therefrom  all  of  the 
section  after  the  words  "by  the  Legislature,"  in  line 
three  of  the  section,  and  preceding  the  word  ''provided" 
in  the  sixth  line,  and  by  striking  out  the  word  "doubt- 
ful" in  the  seventh  line. 

Mr.  Jones,  of  Wilcox,  offered  the  following  amend- 
ment to  the  amendment  offered  b}'  Mr.  Smith,  of  Mo- 
bile : 

Strike  out  in  the  fourth,  fifth  and  sixth  lines  the  words 
"into  the  proper  treasury;  nor  shall  such  liability  or 
obligation  be  exchanged  or  transferred  except  upon  the 
payment  of  its  face  value;"  and  add  the  word  "the"" 
before  payment  in  the  fourth  line, 

Also  strike  out  in  the  seventh  line  "for  the  compro- 
mise of  doubtful  claims,"  and  add  "from  adjusting,  com- 
promising or  settling  claims  on  such  terms  as  may  b(v 
just  and  reasonable." 

Mr.  ]\rerrill  moved  to  table  the  Section  59  and  pend- 
ing amendments,  which  motion  was  lost. 

By  unanimous  consent   the  words   "into   the  propei 
treasurj^"  in  the  fourth  line  of  the  printed  article  of 
Section  59  were  stricken  out. 

The  amendment  of  ]Mr.  Jones,  of  Wilcox,  was  lost. 

The  amendment  of  Mr.  Smith,  of  Mobile,  was  lost. 

Mr.  Oates  moved  the  previous  question  on  the  adopt- 
ion of  Section  59,  as  amended,  which  motion  prevailed, 
and  the  section  was  adopted. 

Mr.  Ferguson  offered  the  following  amendment,  to- 
constitute  a  new  section  of  the  article. 

Amend  the  article  on  Legislative  Department  by  add- 
ing the  following  section,  viz. : 

Section  — .  The  Legislature  may  dis]]ense  with  the 
necessit}'  of  indictment  in  cases  of  grand  larceny,  but 
Justices  of  the  Peace  shall  have  only  preliminary  juris- 
diction in  such  cases. 

Which  was,  on  motion  of  ^Iv.  Oates,  hi  id  upon  the 
table. 


CONSTITUTIOXAL  -CONVENTIOX.  941 

Mr.  Whiteside  offered  the  followirig  aiiieiiduient,  to 
•constitute  a  new  sectiou  of  the  artiele : 

Amend  Article  on  lA'gislative  Department  by  adding 
Section  —  as  follows: 

The  Legislature  shall  hav(^  no  power  to  take  away  any 
right  of  action  or  destroy  any  defense  to  any  suit  afU  r 
such  suit  has  been  commenced. 

^Vhich,  on  motion  of  ^Iv.  Oates,  was  laid  upon  the 
table. 

jNIr.  Brooks  offered  the  following  amendment,  to  con- 
stitute a  new  section  of  the  article  under  consideration : 

Sec.  — .  An}'  jjerson  holding  office  under  this  State, 
who  slmll  directly  or  indirecth^  ask,  demand,  accei)t,  re- 
ceiA'e  or  consent  to  receive  for  his  own  use  or  benefit,  or 
for  the  use  or  benefit  of  another,  any  free  pass  or  trans- 
portation, or  pass  or  ticket  at  a  discount  other  than  is 
sold  to  the  public  generally,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction,  shall  be  lined  in  a  sum  not 
exceeding  two  hundred  and  fifty  dollars  (|250)  and  at 
the  discretion  of  the  court  trying  the  same,  in  addition 
to  such  fine,  may  be  imprisoned  for  a  term  not  exceed- 
ing two  months,  and  upon  such  conviction  shall  be  sub- 
ject to  impeachment  and  removal  from  office. 

Any  railroad  or  transportation  company  or  officer  or 
agent  thereof  who  shall  grant  a  free  pass  or  shall,  at  re- 
duced rates  not  common  to  the  public,  sell  tickets  for 
transportation  to  any  such  person,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  is  liable  to  punishment, 
except  as  herein  provided. 

No  person  or  officer  or  agent  of  a  corporation  who 
gives  any  such  free  pass,  free  transportation  or  sells 
tickets  for  trans]>ortation  at  rates  hereby  prohibited, 
shall  be  privileged  from  testifying  in  relation  thereto, 
and  he  shall  not  be  liable  to  civil  or  criminal  prosecu- 
tion therefor  if  he  shall  testify  to  the  giving  or  selling 
of  the  same.  Rut  this  shall  not  prohibit  the  Legislature 
from  authorizing  the  State  to  contract  with  any  such 
railroad  or  transportation  company  for  the  transporta- 
tion at  reduced  rates  of  State  officers  while  traveling  in 
the  discharge  of  their  official  duties. 


94'2  JOUKXAL  (»F   Alauama 

AiiY  solicitor  who  shall  fail  faithfully  to  prosecute  a 
person  chariicd  with  the  violation  in  his  county  or  cir- 
cuit of  any  provision  of  this  section  which  may  come 
to  his  knowle(lii(s  shall  he  removed  from  office  by  the 
(loYernor,  and  an  opportunity  of  being  heard  in  his  de- 
fense. 

Which,  on  motion  of  Mr.  Samford,  was  laid  upon  the 
table,  and  ordered  to  be  taken  up  when  the  report  of  the 
Committee  <ui  Cori>orations  is  considered. 

On  motion  of  Mr.  Gates  the  article  on  Legislative 
Department  was  ordered  engrossed  for  a  third  reading. 

SPECIAL  ORDER. 

The  Convention  proceeded  to  the  consideration  of  tlu^ 
special  order,  which  was  the  report  of  the  Committee  on 
Suffrage  and  Elections. 

RECESS. 

The  Convention  recessed  for  ten  minutes  for  the  pur- 
pose of  allowing  the  Committee  on  Eules  to  retire  and 
prepare  a  resolution  relative  to  the  consideration  of  the 
report  of  the  Committee  on  Suffrage  and  Elections. 

The  Convention  was  called  to  order  and  the  Commit- 
tee on  Kules  submitted  the  following  resolution: 

Resolution  2GT : 

Resolved,  That  the  article  reported  by  the  Committee 
on  Suffrage  and  Elections  be  considered  and  adopted  or 
rejected  section  by  section,  and  that  after  every  section 
shall  have  been  so  considered  and  adopted,  substitutes 
for  the  (^ntire  article  may  be  offered,  considered  and 
acted  ui)on  Awitluuit  any  motion  to  reconsider  the  prior 
action  of  the  Convention. 

Ml'.  Smith,  (if  ^lobile,  moved  that  the  resolution  be 
adopted. 

The  motion  jtrcvailed,  ami  the  resolution  was  ado])ted. 

The  Convention  ]>roceeded  to  the  <f)nsideration  of  the 
rejjort  of  the  Committee  on  Suff'rag'e  and  Elections. 


/  Constitutional  Convention.  943 

ARTICLE  — 

SUFFRAGE  AND  ELECTIONS. 
SECTION  ONE. 

Was  read  at  length  as  folloAVs,  and.  adopted : 

Section  1.  Every  male  citizen  of  this  State  who  ij  a 
citizen  of  the  United  States,  twentv-one  years  old  or  uj)- 
Avards,  not  laboring-  nnder  any  of  the  disabilities  n:uned 
in  this  article,  and  possessing  the  qualifications  re- 
quired by  it,  shall  be  an  elector,  and  shall  be  entitled  to 
vote  at  any  election  by  the  people. 

Mr.  Beddow  offered  the  following  amendment  to  Sec- 
tion 1 : 

Amend  by  adding  after  the  words  "United  States," 
in  the  first  line  of  Section  1,  the  following  words : 

"And  every  male  person  of  foreign  birth,  who,  before 
the  adoption  of  this  Constitution,  may  have  legally  de- 
clared his  intention  to  become  a  citizen  of  the  United 
States." 

RECESS. 

The  hour  of  1  o'clock  arrived,  and  the  Convention  re- 
cessed until  3  :30  o'clock  this  afternoon. 

AFTERNOON  SESSION. 
The  Convention  met  pursuant  to  adjournment. 

ROLL    CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Bartlett, 

Almon,  Beavers, 

Altman,  Beddow, 

Ashcraft,  Bethune, 

Barefield,  Blackwell, 


-944 


Journal  of  Alabama 


Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Carmicliael  (Colbert), 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Ooleman  (Walker), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

^spy, 

Ferguson, 

Fitts, 

Foshee, 

Foster, 

Freeman, 

Gil  more, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Greer  (Perry), 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Kandolph), 

Henderson, 

Hinson, 


Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'  Neal  ( Lauderdale ) , 


Constitutional  Convention. 


945 


opp, 

Palmer, 

Parker  (Cullman), 
Parker  (Elmore), 
Pettus, 
Phillips, 
Pillans, 
Pitts, 
Kenfroe, 

Reynolds  (Chilton), 
Reynolds  (Henry), 
Rogers  (Lowndes), 
Rogers  (Sumter), 
Sam  ford, 
Sanders, 
Sanford, 
Searcy, 
Selheimer, 
Sentell, 
Sloan, 


Smith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weatherly, 

White, 

Whiteside, 

^'Vill'ams  (Barbour), 

Williams  ( Marengo ) , 

Wilson  (Clarke), 

Wilson  (Washington), 

^Vinn— 124. 


PRIVILEGES  OF  THE  FLOOR. 

Mr.  Lowe,  of  Jefferson,  moved  that  the  rules  be  sus- 
pended and  that  the  privileges  of  the  floor  be  extended 
to  Hon.  S.  J.  Bowie. 

The  motion  prevailed. 


UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  luisiness,  which  was  the  report  of  the  Com- 
mittee on  Suffrage  and  Elections. 

The  question  was  upon  the  adoption  of  the  amendment 
to  Section  1  of  the  report  of  the  Committee  on  Suffrage 
and  Elections  offered  by  Mr.  Beddow. 

Mr.  Smith,  of  Mobile,  offered  the  following  amend- 
ment to  the  amendment  offered  by  Mr.  Beddow : 

Amend  Section  1  by  adding  at  the  end  thereof  the 
following:  Provided  that  all  such  foreigners  who  have 

60 


946 


Journal  of  Alabama 


declared  their  iutention  to  become  (citizens  of  the  United. 
'  States  shall  <'ease  to  have  the  rij^ht  to  vote  if  tliev  shall 
fail  to  hecoiiie  citizens  of  the  ITuited  States  after  they 
are  entitled  to  become  such  citizens. 

And  the  amendment  of  ]Mr.   Smith,   of  ^lobile,   was. 
adopted :  Yeas,  90 ;  na^'s,  28. 

YEAS. 


Messrs,  Almon, 

Asli  craft, 

Barefield, 

Beavers, 

Bethune, 

Blackwell, 

Brooks, 

Burnett, 

Burns, 

Carmichael  (Colbert), 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Cunninjijham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Duke, 

Eley, 

Ej'ster, 

Espy, 

Ferguson, 

Gilmore, 

Glover, 

Grnhnm  (Talladega). 

Grayson, 

Greer  (Perry), 

Handley, 

Harrison, 

TTeflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 


Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  ( Montgomery ) , . 

Jones  (Wilcox), 

Kirk, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Macdonald, 

]\ralone, 

^[artin, 

Maxwell, 

Merrill, 

:\riller  (Wilcox), 

Norman, 

Dates, 

O'Xeul  (Lauderdale), 

O'Neill  (Jefferson), 

0]>p, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

JVthiSi 


Constitutional  Convention. 


947 


Procior, 

Renfro, 

Reynolds  (Henry), 

Samford, 
Sanders, 
Searcy, 
Selheimer, 
tScntell, 

Smith  (Mobile), 
Smith,  Mac.  A., 
Smith,  Morgan  M. 


Sorrel  1, 

Sprai^iiis, 

Stewart, 

Thompson, 

Wnddell, 

Walker, 

^^'atts, 

Weatherly, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  ( Washington )  — 90. 


NAYS. 


Messrs.  President, 

Altman, 

Banks, 

Bartlett, 

Beddow, 

Bulger, 

Crai^, 

Dent, 

deGraffenried, 

Fitts, 

FoshcG, 

Freeman, 

( jrraham  ( Montgomery ) , 

Knight, 


Lowe  (Jefferson), 

McMillan  (Baldwin), 

Moody, 

Norwood, 

Phillips, 

Pillans, 

Reynolds  (Chilton), 

Rogers  (Sumter), 

San  ford, 

Sloan, 

Spears, 

Tayloe, 

White, 

Winn— 28. 


The  question  recurred  upon  the  adoption  of  the 
amendment  of  Mr.  Beddow  as  amended  by  the  amend- 
ment offered  by  Mr.  Smith,  of  ^Mobile. 

The  amendment  was  adopted :  Yeas,  69 ;  nays,  49. 


YEAS. 


Messrs.  Almon, 

Ashcraft, 

Barefleld, 


Beddow, 
Bethune, 
Blackwell, 


948 


Journal  of  Alabama 


Brooks, 

Burnett, 

Carmicliael  (Colbert), 

Chapman, 

Cobb, 

Cofer, 

Cunningham, 

Davis  (Etowah), 

Duke, 

Eley, 

Espy, 

Ferguson, 

Fitts, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Grayson, 

Greer  (Perry), 

Handley, 

Heflin  (Chambers), 

Heflin  (Eandolph), 

Hinson, 

Hodges, 

Howell, 

Howze, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 

Kirk, 

Leigh, 

Lomax, 


Lowe  (Jefferson), 
Macdonald, 
Malone, 
Martin, 
Maxwell, 
Merrill, 

Miller  (Wilcox), 
Norman, 

O'Neal  (Lauderdale), 
O'Neill,  (Jefferson), 
Opp, 

Parker  (Cullman), 
Pettus, 
Proctor, 

Keynolds  (Chilton), 
Reynolds  (Henry), 
Rogers  (Lowndes), 
Sanders, 
Searcy, 
Sentell, 
Smith,  Mac.  A. 
Sorrell, 
Spragins, 
Stewart, 
Thompson, 
Vaughan, 
Weatherly, 
White, 
Whiteside, 

Williams  (Barbour), 
Williams  (Marengo) — 69. 


NAYS. 


Messrs.  President, 

Altman, 

Banks, 

Bartlett, 

Bulger, 

Coleman  (Greene), 


Coleman  (Walker), 

Craig, 

Davis  (DeKalb), 

Dent, 

deGraffenried, 

Eyster, 


Constitutional  Convention.  949 

Fosliee,  Pillans, 

Graham  (Talladega).  Pitts, 

Harrison,  Kenfro, 

Henderson,  Rogers  (Sumter)^ 

Hood,  Samford, 

Inge,  Sanford, 

Jones  (Wilcox),  Selheimer, 

Kniglu,  Sloan, 

Kyle,  Smith  (Mobile), 

Ledbetter,  Smith,  Morgan  M., 

Locklin,  Spears, 

McMillan  (Baldwin).  Tayloe, 

McMillan  (Wilcox),  Waddell,      . 

^[oody,  Walker, 

Norwood,  Watts, 

Gates,  Wilson  (Clarke), 

Palmer,  Wilson  (Washington). 

Parker  (Elmore),  Winn — 49. 

Phillips, 

On  motion  of  Mr.  Coleman,  of  Greene,  Section  1,  as 
amended,  was  adopted. 

section  two. 

Was  read  at  length  as  follows: 

Sec.  2.  To  entitle  a  citizen  to  vote  at  any  election  by 
the  people,  he  shall  have  resided  in  the  State  at  least 
two  years,  in  the  county  one  year,  and  in  the  precinct 
or  ward  three  months,  immediately  preceding  the  elec- 
tion at  which  he  offers  to  vote,  and  he  shall  have  been 
dulv  registered  as  an  elector,  and  shall  have  paid  on  or 
before  the  first  day  of  February  next  preceding  the  date 
of  the  election  at  which  he  oft'ers  to  vote,  all  poll  taxes 
due  from  him  for  the  year  1901,  and  for  each  subsequent 
year;  provided,  that  any  elector  who,  within  three 
months  next  preceding  the  date  of  the  election  at  which 
he  offers  to  vote,  has  removed  from  one  precinct  or 
ward  to  another  precinct  or  ward  in  the  same  county, 
incorporated  town  or  city,  shall  have  the  right  to  vote 
in  the  precinct  or  ward  from  which  he  has  so  removed, 
if  he  would  have  been  entitled  to  vote  in  such  precinct 


950  JouKXAL  OF  Alabama 

or  ward  but  for  such  removal, 

Mr.  Lowe,  of  Jefferson,  offered  tlie  following  amend- 
ment to  Section  2 : 

Amend  t^ection  2  by  adding  after  the  words  "to  vote" 
in  the  fifth  line,  the  words  "and  each  year  subsequent 
to  the  last  general  election  next  preceding." 

On  motion  of  Mr.  Coleman,  of  Greene,  the  amend- 
ment of  Mr.  Lowe,  of  Jetferson,  was  laid  upon  the  table. 

Mr.  Ashcraft  offered  the  folloAving  amendment  to 
Section  2 : 

Amend  by  striking  out  of  the  first  line  the  words  "a 
citizen"  and  insert  "an  elector." 

On  motion  of 'Mr.  Coleman,  of  Greene,  the  amendment 
of  Mr.  Ashcraft  was  laid  upon  the  table. 

Mr.  Howell  offered  the  followiiig  amendment  to  Sec- 
tion 2 : 

Amend  by  striking  out  the  word  "two"  in  the  second 
line  and  inserting  in  lieu  thereof  the  word  "one";  also 
strike  out  the  words  ''one  year"  in  the  same  line  and  in- 
sert the  words  "six  months." 

On  motion  of  Mr.  Proctor  the  amendment  of  Mr.  How- 
ell was  laid  upon  the  table. 

Mr.  Pillans  offered  the  following  amendment  to  Sec- 
tion 2: 

Amend  Section  2  by  striking  out  of  the  first  line 
thereof  the  words  "a  citizen"  and  insert  in  lieu  thereof 
^'a  person." 

The  amendment  of  Mr.  Pillans  was  adopted,  and  Sec- 
tion 2,  as  amended,  was  adopted. 

SECTION  THREE. 

Was  read  at  length  as  follows,  and  adoj^ted : 
Sec.  3.     All  elections  by  the  people  shall  be  by  bal- 
lot,  and  all   elections   by   persons   in   a  representative 
capacity  shall  be  viva  voce. 

SECTION  Foru. 

Was  read  at  length  as  follows: 

Sec.  4.  The  following  male  citizens  of  this  State,  who 
are  citizens  of  the  United  States,  twenty-one  years  old 


Constitutional  Convention.  951 

^or  upward,  who,  if  their  place  of  residence  shall  remain 
unchanged,  will  have,  at  the  date  of  the  next  general 
election,  the  qualifications  as  to  residence  prescribed  in 
Section  2  of  this  article,  and  who  are  not  disqualified 
under  Section  G  of  this  article,  shall,  upon  application, 
be  entitled  to  register  as  electors  prior  to  the  first  day 
of  January,  1903,  namel}^ : 

First — All  who  have  honorably  served  in  the  land  or 
naval  forces  of  the  United  States  in  the  war  of  1812,  or 
in  the  war  with  Mexico,  or  in  any  war  with  the  Indians, 
or  in  the  Civil  War  between  the  States,  or  in  the  war 
with  Spain,  or  who  honorably  served  in  the  land  or 
naval  forces  of  the  Confederate  States,  or  of  the  State  of 
Alabama  in  the  war  between  the  States;  or 

Second — The  lawful  descendants  of  persons  who  hon- 
orably served  in  the  land  or  naval  forces  of  the  United 
States  in  the  war  of  the  American  Revolution,  or  in  the 
war  of  1812,  or  in  the  war  with  iNIexico,  or  in  any  war 
with  the  Indians,  or  in  the  Civil  War  between  the  States, 
or  in  the  land  or  naval  forces  of  the  Confederate  States, 
or  of  the  State  of  Alabama  in  the  war  between  the 
States;  or 

Third — All  persons  of  good  character  and  who  under- 
stand the  duties  and  obligations  of  citizenship  under  a 
republican  form  of  government. 

Mr.  C'oleman,  of  (rreene,  offered  the  following  amend- 
ment to  Section  4 : 

Amend  by  adding  after  the  words  "United  States''  in 
first  line  of  Section  4  the  following  words: 

And  every  male  resident  of  foreign  birth  Avho,  before 
the  ratification  of  this  Constitution,  may  have  legally 
declared  his  intention  to  become  a  citizen  of  the  United 
States;  ]u-ovide(l,  that  all  such  foreigners  who  have  de- 
clared their  intention  to  become  citizens  of  the  United 
States  shall  cease  to  have  tlie  riglit  to  vote  if  they  shall 
fail  to  become  citizens  of  the  United  States  after  tliey  are 
entitled  to  become  such  citizens. 

Mr.  Gates  offered  the  following  amendment  to  Sec- 
tion 4^ 


952  Journal  of  Alabama 

Amend  Section  4  in  line  three  by  inserting  after  the 
word  '^election"  the  following:  ''After  the  ratification, 
of  this  Constitution." 

ADJOURNMENT.. 

Pending  the  furtlier  consideration  of  the  report  of 
the  Committee  on  Suffrage  and  Elections,  the  hour  of 
6  o'clock  p.  m.  arrived,  and  under  the  rules  the  Conven- 
tion adjourned  until  to-morrow  morning  at  9  :30  o'clock. 


FIL^Y-THIRD  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Wednesday,  July  24,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Eev.  ^[r.  Andrews  of  the  city^ 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Rulger, 

Almon,  Burnett, 

Altman,  Rvars, 

Ashcraft,  Carmichael  (Colbert), 

Banks,  Carmichael  (Coffee), 

Barefield,  Chapman, 

Bartlett,  Cobb, 

Beavers,  Cofer, 

Beddow,  Coleman  fOreene), 

Bethune,  Coleman  (Walker), 

Blackwell,  Corn  well. 

Brooks,  Craig, 

Browne,  Cunningham, 


Constitutional  Convention. 


963. 


Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

DulvO, 

Elej, 

Evster, 

Espy, 

Ferguson, 

Fitts, 

Fletclier, 

Foshec, 

Foster, 

Freeman, 

Gilmore,. 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grayson, 

Greer  (Perry), 

Haudley, 

Harrison, 

Heflin  ( Chambers) , 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk. 

Kirkland, 

Knight, 

Leigh, 

Locklin, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 


McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Moody, 

Mulkey, 

Murphree, 

Norman, 

Xorwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

I'almer,, 

Parkoj'  (Cullman), 

Parker  (Elmore), 

Pettus, 

Pillans, 

Porter, 

Phillips, 

Proctor, 

IMtts, 

Kenfro, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Selheimcr, 

Sentell,  '  • 

S-iiUh    (Mobile), 

Smith,  Mac.  A., 

'^luith,  Morgan  M., 

Sollie, 

Spears, 

Spragins, 

Stewart, 


854  Journal  of  Alabama 

Tayloe,  White, 

Thompson,  \\'hiteside, 

Vaughan,  Willett, 

Waddell,  Williams  (Barbour), 

Walker,  Williams  (Marengo), 

Watts,  Williams  (Elmore), 

Weather]  Y,  Winn— 124. 

LEAVE   OF   ABSENCE 

Was  granted  to  ^lessrs.  Macdonald  for  to-day;  Jones 
of  Hale  indefinitely. 

REPORT  OF  THE   COMMITTEE  ON   THE   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  folloAying  report,  which  \yas  concurred  in : 

The  Committee  on  the  Journal  beg  leaye  to  report 
that  the}^  haye  examined  the  Journal  for  the  fifty-second 
day  of  the  Conyention,  and  that  the  same  is  correct. 

Resj)ectfully  submitted, 

John  F.  Proctor,  Chairman. 

]\rr.  Dayis,  of  Eto>yah,  offered  the  following  resolu- 
tion. The  rules  were  suspended,  and  the  resolution  was 
adopted : 

Resolution  208,  hj  Mr.  Dayis,  of  Etowah : 

Uesolyed,  That  1,000  copies  of  the  speech  made  on 
yesterday  by  the  chairman  of  the  Committee  on  Suf- 
frage and  Elections  (Judge  Coleman)  introductory  to 
the  consideration  of  the  ordinance  reported  by  said  com- 
mittee,- l)e  printed  for  distriluition  among  the  members 
of  the  Conyention. 

Mr.  O'Neill,  of  Jefferson,  offered  the  following  resolu- 
tion, and  moyed  that  the  rules  be  suspended  to  place  it 
on  its  immediate  passage. 

The  motion  was  lost,  and  the  resolution  was  referred 
to  the  Committe  on  Legislatiye  Department : 

Resolution  2fi9,  by  Mr.  O'Neill,  of  Jefferson : 

Be  it  resolyed  by  the  people  of  Alabama  in  Conyention 
assembled,  That  the  Legislature  may  proyide  that  the 
general  election  immediately  preceding  the  ex])iratiou 
of  a  term  of  Ignited  States  Senator  from  this  State,  the 


Constitutional  Convention,  955 

electors  mav  by  ballot  express  their  preference  for  some 
person  for  the  office  of  United  States  Senator.  The 
votes  cast  for  such  candidate  shall  be  canvassed  and  re- 
turned in  the  same  manner  as  for  State  officers. 

The  resolution  was  referred  to  the  Committee  on 
Legislative  Department. 

STKXOliUArilU'  KKI'ORT. 

Mr.  Sanford  called  the  attention  of  the  Convention 
to  a  certain  error  in  the  stenoiirai)hic  report  of  the  pro- 
ceeding's of  yesterday. 

The  report  was  ordered  corrected. 

reconsideration. 

Mr.  Chapman  moved  to  reconsider  the  vote  by  which 
Sections  1  and  2  of  the  article  on  Suffrage  and  Elections 
Avere  adopted  on  yestei-nlay. 

On  motion  of  Mr.  Coleman,  of  (Jreene,  the  further  con- 
sideration of  the  motion  to  reconsider  was  postponed 
until  the  considerati(ni  of  Section  0  of  the  article  was 
reached. 

unfinished  business. 

Tlie  Conventicui  in-oceeded  to  the  consideration  of  the 
untinislied  business,  which  was  the  report  of  the  Com- 
mittee on  Suffrage  and  Elections. 

]Mr.  Oates,  by  unanimous  c(Hisent,  witlidrew  the 
amendment  offered  l)y  him  on  yesterday  to  vSectiou  4 
of  the  article. 

The  amendment  ottered  by  Mr.  Coleman,  of  Greene, 
on  yesterday  to  Section  4  of  the  article,  was  adopted. 

RECONSIDERATION. 

]Mr.  Coleman,  of  Greene,  movt^d  to  reconsider  the  vote 
l)y  which  the  amendment  to  Section  4  of  the  article,  last 
acted  upon,  was  adopted. 

And  moved  to  ]>ostpone  the  furtlier  consideration  of 
said  motion  to  reconsider  until  the  consideration  of  Sec- 
tion 6  of  the  article  should  be  reached. 

Which  latter  motion  prevailed. 


956  JouuxAL  OF  Alabama 

Mr.  Sanford  ottered  the  following  amendment  to  Sec- 
tion 4  of  the  article : 

Amend  the  first  subdivision  of  the  fourth  section  of 
the  committee's  report  on  Suffrage  and  Elections  by 
striking  out  the  Avords  "war  between  the  States"  in  the 
ninth  line  of  said  subdivision ;  and  also  to  strike  out  the- 
word  "civil"  before  the  words  "war  between  the  States" 
wherever  it  occurs  in  the  subsequent  sections  or  subdi- 
visions of  said  rejKirt. 

Which  was  adopted. 

Mr.  Samford  offered  the  following  amendment  to  Sec- 
tion 4  of  the  article : 

Amend  Section  4  by  striking  out  all  after  the  word 
"electors"  in  the  fifth  line. 

RECESS. 

The  hour  of  1  o'clock  arrived,  and  the  Convention  re- 
cessed until  3  :30  this  afternoon, 

AFTERNOON  SESSION. 
The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  consti- 
tuted a  quorum : 

Messrs.  President,  Browne, 

Almon,  Bulger, 

Altman,  Burnett, 

Ashcraft,  Byars, 

Banks,  Pardon, 

Barefield,  Carmichael  (Colbert), 

Beavers,  Carmichael  (Coffee), 

Beddow,  Carnathon, 

Bethune,  Case, 

Black  well,  Chapman, 

Brooks,  Cobb, 


Constitutional  Convention. 


957 


'Cofer, 

Coleman  (Greene), 
•Coleman  (Walker), 
Cornwell, 
Craig, 

Cunningham, 
Davis  (DeKalb), 
Davis,   (Etowah), 
Dent, 

cleGraffenried, 
Duke, 
Eley, 
Eyster, 
Espy, 
Ferguson, 
Fitts, 
Fletcher, 
Fosheo, 
Foster, 
Freeman, 
Gilmore, 

Graham  (Montgomery), 
Graham  (Talladega), 
'Grant, 
Grayson, 

Greer  (Calhoun), 
Greer  (Perry), 
Handley, 
Harrison, 

Heflin  (Chambers), 
Heflin  (Randolph),' 
Henderson, 
Hinson, 
Hodges, 
Hood, 
Howell, 
Howze, 
Inge, 
Jackson, 
Jenkins, 
Jones  (Bibb), 


Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Ledbetter, 

Leigh, 

Locklin, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  ( Marengo ) , 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Proctor, 

Proctor, 

Robinson, 

Rogers  (Sumter), 

Samford, 


958 


Journal  of  Alabama 


Sanders, 

Sanford, 

Seai'C}', 

Sellieimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  iNIac.  A., 

Smith,  Morgan  M. 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 


'Payloe, 

'rii(mij)S()u, 

Walkei'. 

AA'addell, 

Walker, 

Watts, 

Weatherlv, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Wilson  (Clarke), 

^v■ls(>ll  (Washington) 

Winn— 132. 


UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  t\w  consideration  of  tlie 
nnlinishe<l  business,  which  was  the  report  of  the  Com- 
mittee on  Sutfrage  and  Elections. 

The  question  being  upon  tlie  adoption  of  the  amend- 
ment of  :Mr.  Samford  to  Section  4  of  the  article. 

ADJOURNMENT. 

The  hour  of  (>  o'clock  p.  m.  arrived,  and  under  the 
rules  the  Convention  adjourned  until  9:30  o'clock  to- 
morrow morninu". 


FIFTY-FOT'irrH  DAY. 

Convention  Haij.. 
Montgonu-ry,  Ala.,  Tliursday,  July  2.'),  1901. 

The  Convention  met  pursuant  to  adjournment. 
Praver  was  ottered  bv  Uev.  Mr.  Andrews  of  the  city 


Constitutional  Convention.  OSQ' 

roll  call. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delepites  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Aluion, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow. 

Bethune, 

Blaekwell, 

Brooks, 

Browne, 

Buljuer, 

Burnett, 

Byars, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

C()f('r, 

Coleman  (Greene), 

Colema n  ( Walker ) , 

Cornwell, 

Craiji", 

Cunninn^ham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

<leGraifenried, 

Duke, 

Eley, 


Eyster, 

Espy, 

Eerguson, 

Fitt^s, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

GrM li am  ( Montgomery ) , 

Graham  (Talladega)^ 

Grant, 

Grayson, 

Greer  (Calhoun ) , 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Hetii n  ( Chambers ) , 

Hetlin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

HoAvze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 


-960 


Journal  of  Alabama 


Kirkland, 

Reynolds  (Chilton), 

Knight, 

lieynolds  (Henry), 

Kyle, 

Robinson, 

Ledbetter, 

Rogers  (Lowndes), 

Leigh, 

Rogers  (Sumter), 

Long  (Butler), 

.Samford, 

Long  (Walker), 

Sanders, 

Lowe  (Jefferson), 

Sanford, 

McMillan  (Baldwin), 

Searcy, 

McMillan  (Wilcox), 

Selheimer, 

M  alone, 

Sentell, 

Martin, 

Sloan, 

-Merrill, 

Smith  (Mobile), 

Miller  (Wilcox), 

Smith,  Mac.  A. 

Moody, 

Smith,  Morgan  M., 

Mulkey, 

SoUie, 

Murphree, 

Sorrell, 

NeSmith, 

Spears, 

Norman, 

Spragins, 

Norwood, 

Tayloe, 

Gates, 

Thompson, 

O'Neal  (Lauderdale)., 

Vaughan, 

O'Neill  (Jefferson), 

Waddell, 

Opp, 

W^alker, 

O'Kear, 

W^atts, 

Parker  (Cullman), 

Weatherly, 

Parker  (Elmore)., 

White, 

Pearce, 

Whiteside, 

Pettus, 

Willett, 

Phillips, 

^Vi  ]  1  i ams  (  Barbour ) , 

Pi  Hans, 

Williams  ( Marengo) , 

Pitts, 

Williams  (Elmore), 

Porter, 

Wilson  (Clarke), 

Proctor, 

W^ilson  (Washington), 

TJeese, 

AViim— 136. 

Constitutional  Convention.  961 

leave  of  arsence 

Was  granted  to  Messrs.  Macdonald  and  Stewart  for 
to-day;  and  Mr.  Palmer  indefinitely;  Lomax  for  Wednes- 
day and  to-day. 

REPORT   OF   COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  C(mimittee  on  the  Journal  sub- 
mitted   the    following-  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to 
report  that  they  have  examined  the  Journal  for 
fifty-third  day  of  the  Convention,  and  that  the  same  is 
correct. 

JRespectfully  submitted, 

John  F.  Proctor,  Chairman. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Suffrage  and  Elections. 

The  question  being  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Samford  to  Section  4  of  the  article 
on  Suffrage  and  Elections. 

RECESS. 

The  hour  of  1  o'clock  arrived,  and  under  the  rules  the 
Convention  recessed  until  3  :30  this  afternoon. 
AFTERNOON  SESSION. 
The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

61 


962 


Journal  of  Alap.ama 


Messrs.  President, 

Freeman, 

Almon, 

Gilmore, 

Altrnan, 

Glover, 

Ashe  raft, 

Graham  (Montgomery) 

Banks, 

Graham  (Talladega), 

Baretield, 

Grant, 

Bartlett, 

Grayson, 

Beavers, 

Greer  (Calhoun), 

Beddow, 

Greer  (Perry), 

Bethune, 

Handley, 

Blackwell, 

Harrison, 

Brooks, 

Lleflin  (Chambers), 

Browne, 

lletiiu  (Randolph),. 

Bulger, 

Heuders(jn, 

Burnett, 

Hinson, 

Burns, 

Hodges, 

Byars, 

Hood, 

Carniichael  (Colbert), 

Howell, 

Carmichael  (Coffee), 

Howze, 

Carnathon, 

Inge, 

Chapman, 

Jackson, 

Cobb, 

Jenkins, 

Cofer, 

Jones  (Bibb), 

Coleman  (Greene), 

Jones  (Montgomery), 

Coleman  (Walker), 

Jones  (Wilcox), 

Cornwell, 

Kirk, 

Craig, 

Kirkland, 

Cunningham, 

Kniiiht, 

Davis  (DeKalb), 

Kyle, 

Davis  (Etowah), 

Led  better. 

Dent, 

Leigh, 

deGraffenried, 

Long  (Butler), 

Duke, 

Long  (Walker), 

Eley, 

Lowe  (Jefferson), 

Ejster, 

]\rr:\mian  (Baldwin), 

Espy, 

^McMillan  (Wilcox), 

Fergusciiy 

Malone, 

Fitts, 

Martin, 

Fletcher, 

^Faxwell, 

Foshee, 

^  Terr  ill, 

Foster, 

Miller    ( Marengo) ». 

Constitutional  Convention. 


963 


Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Oates, 

O'Neal  (Lauderdale), 

O'Neill,  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Chilton), 

Reynolds    (Henry), 

Ixobinson, 

]\ogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 


Sanders, 
Santord, 
Searc}^, 
Selliciiner, 
Sentell, 
Sloan, 

Sniiili    (Mobile), 
Smith,  Mac.  A., 
Smith,  Morgan  M., 
Sollie, 
Sorrell, 
Spears, 
Spragins, 
Tayloe, 
Thompson, 
Vaughan, 
Waddell, 
Walker, 
Watts, 
Weakley, 
Weatherly, 
White, 
Whiteside, 
Willett, 

Williams  (Barbour), 
Williams  ( Marengo ) 
Wilson  (Clarke), 
Winn— 138. 


unfinished  business. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Suffrage  and  Elections. 

The  question  being  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Samford  to  Section  4  of  the  article 
on  Suffrage  and  Elections, 

adjournment. 

The  hour  of  6  o'clock  p.  m.  arrived,  and  under  the 
rules  the  Convention  adjourned  until  9:30  o'clock  to- 
morrow morning. 


964 


Journal  of  Alabama 


FIFTY-FIFTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Friday,  July  26,  1901. 

The  Gonyention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Kev.  Mr.  Andrews  of  the  city. 

roll  call. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  the  their  names,  which  constituted 
a  quorum : 


Messrs.  President, 
Altman, 
Ashcraft, 
Banks, 
Barefield, 
Bartlett, 
Beddow, 
Bethune, 
Blackwell, 
Brooks, 
Browne, 
Bulger, 
Burnett, 
Byars, 

Carmichael  (Coffee), 
Carnathon, 
Chapman, 
Cobb, 
Cofer, 

Coleman  (Greene), 
Coleman  (Walker), 
Cornwell, 


Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Eley, 

Eyster, 

lOspy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 


Constitutional  Convention. 


965 


Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knigh  t, 

Kyle, 

Leigh, 

Lock!  in, 

Lomax, 

Long  (Butler), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Ma  lone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  ( Lauderdale ) , 


O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Parker  ( Cullman ) , 

Pearce, 

Peltus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Beese, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers   ( 1  ^o wndcs ) , 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Seai'cy, 

SoIImmuk'T', 

Sentell, 

Sloan, 

Smith  (Mobile), 

S.nith,  Mac.  A., 

Smith,  Morgan  M. 

Sollie, 

Sorrel  1, 

Spears, 

Spragins, 

Stewart, 

Thompson, 

Vanghan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside^ 

Willett, 


966  Journal  of  Alabama 

Williams  (Barbour),  Wilson  (Clarke), 

Williams  (Marengo),  Wilson  (Washington). 

Williams  (Elmore),  Winn— 132. 

LEAVE  OF  ABSENCE 

Was  granted  to  Messrs.  Jenkins,  Graham  of  Mont- 
gomery, Carmichael  of  Colbert,  for  to-daj';  and  Kirk- 
land  and  Mulkey  for  to-morrow ;  Davis  of  DeKalb,  and 
Craig  for  Saturday  and  Monday;  Eyster,  McMillan  of 
Wilcox,  Burnett,  Graham  of  Talladega,  Banks,  Inge, 
Sloan,  Kyle  for  Saturday  and  Monday ;  Fitts  for  to-mor- 
row; and  Cobb  for  to-morrow;  'Carmichael  of  Coffee, 
Malone  and  Henderson  for  to-morrow;  Thompson  for 
to-morrow  and  Monday;  and  Freeman  indefinitely. 

REPORT  OF  COMMITTEE  ON  THE  JOURNAL, 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted   the    following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to 
report  that  they  have  examined  the  Journal  for 
the  fifty-fourth  day  of  the  Convention,  and  that  the  same 
is  correct. 

Kespectfully  submitted, 

John  F.  Proctor,  Chairman. 

REPORT  OF   STANDING   COMMITTEES. 

Mr.   Harrison,   chairman  of  the  Committee  on  Cor- 
porations, submitted  the  following  report,  together  with 
a  minority  report,  Avhich  were  read  at  length,  laid  upon 
the  table,  and  300  copies  ordered  printed : 
M7\  President : 

The  Committee  on  Corporations,  to  which  was  referred 
Article  XIV  of  the  Constitution  of  1875,  except  that 
part  under  the  heading  of  "Banks  and  Banking"  and 
various  ordinances,  resolutions  and  petitions,  liave  had 
the  same  under  consideration,  and  after  due  considera- 
tion of  the  said  articles,  ordinances,  resolutions  and  pe- 
titions (all  of  whicli  are  licrewith  returned)  instruct 
me  to  report  tlie  ordinance  hei'eto  attaclied.  The  fol- 
lowing indicates  the  changes  made: 


Constitutional  Convention.  967 

Section  1  has  been  so  amended'  as  to  deprive  the  Legis- 
lature of  the  right  of  creating  corporations  and  to  pro- 
vide laws  general  in  their  character  for  the  formation 
of  sucli  corporations  as  may  be  necessary  or  desired. 
Also  to  require  the  Legislature  to  pass  laws  by  which 
charters  obtained  under  the  general  laws  may  be  altered 
or  amended. 

Section  2  is  amended  so  as  to  allow  corporations 
which  have  not  completed  their  organization  twelve 
months  within  which  to  do  so. 

Section  3  is  practically  unchanged  fron^  tlie  old  Con- 
stitution, except  in  verbiage  in  order  to  meet  the  views 
-of  some  members  of  the  committee  and  of  the  Conven- 
tion. 

Section  4  is  changed  to  require  foreign  corporations 
to  file  their  articles  of  incorporation  and  the  law  under 
which  they  are  incorporated,  with  the  Secretary  of  State 
in  order  that. any  citizen  of  the  State  of  Alabama  in 
making  investigations  as  to  the  character  and  standing 
of  such  corporations  may  do  so  by  applying  to  tlie  Sec- 
retary of  State;  and  also  to  require  foreign  corpora- 
tions to  pay  the  same  franchise  tax  as  is  required  of 
domestic  corporations.  It  provides  further  that  strictly 
benevolent  and  religious  corporations  shall  not  pay  such 
a  franc liise  tax. 

Section  5  is  changed  so  as  to  make  clear  the  rights 
of  corporations.  In  the  Constitution  as  it  now  is  the 
word  charter  is  used.  In  the  new  section  the  words 
"declaration  or  application"  are  substituted  in  its  place. 
In  other  words  it  is  intended  that  the  corporation  shall 
only  have  those  rights  which  are  set  out  in  its  declara- 
tion or  application. 

Section  6  is  unchanged. 

Section  7  of  the  old  Constitution  is  so  amended  as  to 
add  after  the  word  "compensation"  in  the  third  line  the 
following:  "To  be  ascertained  as  may  be  provided  by 
law";  and  also  by  adding  after  the  word  "otherwise"  in 
the  ninth  line,  the  following:  "But  such  appeal  shall  not 
deprive  the  person  who  has  olitained  a  judgment  or  con- 
demnation from  a  right  of  entry,  provided  he  shall  have 


968  Journal  of  Alabama 

given  bond  with  good  and  sufficient  sureties  to  pay  sucbi 
damages  as  tlie  property  owners  may  sustain." 

Sections  8  and  9  are  unchanged. 

Section  10  is  changed  so  as  to  simplify  tlie  section  as- 
it  is  now  set  out  in  the  present  Constitution,  and  also  to. 
make  it  conform  to  the  amendment  to  Section  1. 

Section  11  is  amended  by  adding  "telephones.-' 

Sections  12  and  13  are  unchanged. 

Section  11  is  old  Section  21  renumbered  and  is  un- 
changed. 

Section  15  is  practically  the  same  is  Section  22  ot 
the  present  Constitution,  but  it  is  enlarged  in  order  to 
be  more  comprehensive  and  etfective  in  its  purposes  and 
intentions. 

Section  IG  corresponds  to  old  Section  23  in  the  pres- 
ent Constitution,  and  is  so  amended  as  to  prescribe  a 
penalty  for  its  violation,  and  defining  the  persons  to 
Avhom  free  transportation  shall  not  be  granted. 

Section  IT  is  a  new  section,  aud  is  inserted  for  the 
purpose  of  preventing  railroads  and  others  engaged  in 
the  common  carriage  of  freight  and  passengers  from 
giving  rebates. 

Section  18  is  substituted  in  lieu  of  Section  21  of  the 
Constitution  of  1875,  and  is  enlarged  so  as  to  include 
all  public  utilities;  in  other  words,  to  prevent  anyone 
using  the  streets  of  the  city  for  any  purpose  without  the 
consent  of  the  local  authorities. 

Section  19  is  old  Section  25  renumbered  and  is  un- 
changed. 

[Signed]  Geo.  P.  Harrison,  Chainiian. 


MINORITY  REPORT. 


Mr.  President : 


We,  the  undersigned  members  of  the  Committee  on 
Corporations,  feel  impelled  from  a  sense  of  duty  to  offer 
a  minority  report  to  the  majority  report  of  the  Com- 
mittee on  Corporations,  for  the  following  reasons: 

Under  the  present  law,  building  and  loan  associations 
are  authorized  to  collect  a  much  greater  rate  of  inter- 


Constitutional  Convention.  969' 

est  than  is  granted  to  individuals  or  any  other  corpora- 
tion. 

We  think  this  is  a  special  privilege,  which  is  wrong  in 
principle,  and  should  be  prohibited. 

We,  therefore,  offer  the  following  as  an  additional 
section,  to  be  known  as  Section  13^,  and  reconiniend 
its  adoption : 

Sec.  13^.  xVfter  the  ratification  of  the  Constitution, 
no  corporation,  society,  organization  or  association 
shall  be  allowed  to  charge  or  collect  for,  or  upon  the 
loan  or  forbearance  of  money,  goods  or  things  in  action, 
either  in  the  way  of  interest,  fines,  forfeitures,  prem- 
iums, commissions  or  sums  of  money  for  the  purchase 
of  stock,  bonds,  or  any  interest  in  the  business  of  such 
corporations,  societ}^,  organization  or  association,  as  a 
condition  upon  which  such  loan  or  forbearance  is  ob- 
tained or  in  any  other  way  connected  with  such  loan  or 
forbearance  as  a  charge,  a  greater  amount- than  the  legal 
rate  of  interest  provided  for  by  the  general  laws  of  the 
State  upon  the  loan  or  forliearance  of  money,  goods  or 
things  in  action ;  and  all  such  sums  of  money  jiaid  such 
corporation,  society,  organization  or  association  in  ex- 
cess of  the  legal  interest  provided  for  by  the  law,  by 
whatever  name  called,  shall  be  credited  on  the  principal 
of  the  loan  made  by  said  corporation,  society,  organiza- 
tion or  association,  and  every  such  loan  made  in  Ala- 
bama shall  be  governed  by  the  laws  of  this  State. 

Respectfully  submitted, 

John  F.  Proctor, 

W.   T.  L.   COFER, 

J.  Lee  Long. 

An  ordinance  to  provide  for  the  organization  and 
regulation  of  corporations  in  the  State  of  Alabama. 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  that  Article  XIV  of  the  Constitution  of 
1875,  except  that  portion  thereof  under  the  head  of 
''Banks  and  Banking,"  be  stricken  out  and  the  following 
be  inserted  in  lieu  thereof: 

Sec.  1.  The  Legislature  shall  pass  no  special  act  con- 
ferring corporate  powers,  but  they  shall  pass  general 


^70  Journal  of  Alabama 

laws  under  which  corporations  may  be  organized  and 
corporate  powers  of  eyevj  natui'e  obtained,  subject, 
nevertheless,  to  repeal  at  the  will  of  the  Legislature ;  and 
shall  pass  general  laws  under  which  charters  heretofore 
granted  may  be  altered  or  amended.  The  Legislature 
shall,  by  general  law,  provide  for  the  payment  to  the 
State  of  Alabama  of  a  franchise  tax  by  corporations  or- 
ganized nnder  the  laws  of  this  State,  which  shall  be  in 
proportion  to  the  amount  of  capital  stock. 

Sec.  2.  All  existing  charters  or  grants  of  special  or 
exclusive  privileges,  under  which  a  bona  fide  organiza- 
tion shall  not  have  taken  place  and  business  commenced 
in  good  faith,  within  twelve  months  from  the  time  of  the 
ratification  of  this  Constitution,  sliall  thereafter  have  no 
validity. 

Sec.  3.  The  Legislature  shall  not  remit  the  forfeiture 
of  the  charter  of  any  corporation  now  existing,  nor  alter 
or  amend  the  same,  nor  pass  any  general  or  special  law 
for  the  benefit  of  such  corporation,  other  than  in  exe- 
cution of  a  trust  created  by  law  or  by  contract,  except 
upon  the  condition  that  L^uch  corporation  shall  there- 
after hold  its  charter  subject  to  the  provisions  of  this 
Oonstitution ;  and  every  amendment  of  any  charter  of 
any  corporation  in  this  State,  or  any  special  law  for  its 
benefit,  accepted  thereby,  shall  operate  as  a  novation  of 
said  charter,  and  shall  bring  the  same  under  the  provis- 
ions of  this  Constitution;  provided,  that  this  section 
shall  not  extend  to  any  amendment  for  the  purpose  of 
allowing  any  existing  road  to  take  stock  in  or  aid  in 
building  of  any  branch  road. 

Sec.  4.  No  foreign  corporation  shall  do  any  business 
in  this  State  without  having  at  least  one  known  place 
of  business,  and  an  authorized  agent  or  agents  therein, 
and  without  filing  with  the  Secretary  of  State  a  certified 
copy  of  its  articles  of  incorporation  or  association,  and 
of  the  law  and  authority  under  which  it  is  incorporated. 
Such  corporation  may  be  sued  in  any  county  where  it 
does  business,  by  service  of  process  upon  an  agent  any- 
where in  the  State.  The  Legislature  shall,  by  general 
law,  provide  for  the  payment  to  the  State  of  Alabama 
of  a  franchise  tax  by  such  corporation,  which  shall  be 


Constitutional  Convention.  971 

-the  same  as  that  required  of  domestic  corivoratious,  and 
in  proportion  to  the  amount  of  its  capital  stock,  but 
.strictly  benevolent  or  religious  corporations  sliall  not 
Jbe  required  to  pay  such  a  tax. 

Sec.  5.  No  corporation  shall  engage  in  any  business 
mother  than  that  expressly  specified  in  its  declaration  or 
application. 

6.  No  corporation  shall  issue  stock  or  bonds  except 
ior  money,  labor  done,  or  money  or  property  actually 
received;  and  all  fictitious  increase  of  stock  or  indebted- 
ness shall  be  void.  The  stock  and  bonded  indebtedness 
of  corporations  sliall  not  be  increased,  except  in  pursu- 
ance of  general  laws,  nor  without  the  consent  of  the  per- 
sons holding  the  lai'ger  amount  in  value  of  stock,  first 
obtained  at  a  meeting  to  be  held  after  thirty  days  notice 
given  in  pursuance  of  law. 

Sec.  7.  Municipal  and  other  corporations  and  individ- 
uals invested  with  the  privilege  of  taking  private  prop- 
ertj  for  public  use,  shall  make  just  compensation,  to  be 
ascertained  as  may  lie  provided  by  law,  for  the  property 
taken,  injured  or  destroyed  by  the  construction  or  en- 
largement of  its  works,  highways  or  improvements, 
which  compensation  shall  be  paid  before  such  taking,  in- 
jury or  destruction.  The  Legislature  is  hereby  pro- 
hibited from  depriving  any  person  of  an  appeal  from 
any  preliminary  assessment  of  damages  against  any  such 
corporations  or  individuals  made  by  viewers  or  other- 
wise, but  such  appeal  shall  not  deprive  the  person  who 
lias  obtained  the  judgment  or  condemnation  from  a  right 
of  entry;  provided,  he  shall  have  given  bond  Avith  good 
and  sufficient  sureties  to  pay  such  damages  as  the  prop- 
■ertv  owner  may  sustain ;  and  the  amount  of  such  dam- 
ages in  all  cases  of  appeal  shall,  on  the  demand  of  either 
party,  be  determined  by  a  jury,  according  to  law. 

8.  Dues  from  private  corporations  shall  he  secured 
by  such  means  as  may  be  prescribed  by  law,  but  in  no 
case  shall  any  stockholder  be  individually  liable  other- 
wise than  for  the  unpairl  stock  owned  by  him  or  her. 

9.  No  corporation  shall  issue  preferred  stock  with- 
out the  consent  of  the  oAvners  of  two-thirds  of  the  stock 
of  said  corporation. 


972  Journal  of  Alabama 

Sec.  10.  The  Legislature  shall  have  the  power  to  re- 
voke any  charter  of  incorporation  now  existing  and  re- 
vocable at  the  ratification  of  this  Constitution,  or  any 
that  may  be  hereafter  created,  whenever  in  their  opin- 
ion, it  may  be  injurious  to  the  citizens  of  this  State;  in 
such  manner,  however,  that  no  injustice  shall  be  done  to 
the  stockholders. 

Sec.  11.  Any  association  or  corporation  organized 
for  the  purpose,  or  any  individual,  shall  have  the  right 
to  construct  and  maintain  lines  of  telegraph  and  tele- 
phone Avithin  this  State,  and  connect  the  same  with  other 
lines;  and  the  Legislature  shall,  by  general  law  of  uni- 
form o])eratiou,  provide  reasonable  regulations  to  give 
full  effect  to  this  section.  No  telegraph  or  telephone 
company  shall  consolidate  with  or  hold  a  controlling 
interest  in  the  stock  or  bonds  of  any  other  telegraph  or 
telephone  company  owning  a  comjieting  line,  or  acquire, 
by  purchase,  or  otherwise,  any  other  competing  line  of 
telegraph  or  telephone. 

12.  All  corporations  shall  have  the  right  to  sue,  and 
shall  be  subject  to  be  sued,  in  all  courts  in  like  cases  as 
natural  persons. 

13.  The  term  corporation,  as  used  in  this  article, 
shall  be  construed  to  include  all  joint  stock  companies,  or 
any  associations  having  any  of  the  powers  or  privileges 
of  corporations  not  i)0ssessed  by  individuals  or  partner- 
ships. 

RAILROADS  AND  CANALS. 

14  All  railroads  and  canals  shall  be  public  high- 
ways, and  all  railroad  and  canal  companies  shall  be  com- 
mon carriers.  Any  association  or  corporation  organ- 
ized for  the  purpose  shall  have  the  right  to  construct  and 
operate  a  railroad  between  any  points  in  this  State,  and 
connect  at  the  State  line,  with  railroads  of  other  States. 
Every  railroad  company  shall  have  the  right  with  its 
road  to  intersect,  connect  with,  or  cross  any  other  rail- 
road, and  shall  receive  and  transport,  each,  the  others 
freight,  passengers  and  cars,  loaded  or  empty,  without 
delay  or  discrimination. 


Constitutional  Convention.  973 

Sec.  15.  The  poAver  and  authority  of  regulating-  rail- 
road freights  and  passenger  tariffs,  the  location  and 
building  of  passenger  and  freight  depots,  correcting 
abuses  and  preventing  unjust  discriminations  and  ex- 
tortion, and  requiring  reasonable  and  just  rates  of 
freight  and  passenger  tariffs,  are  hereby  conferred  upon 
the  Legislature,  whose  duty  it  shall  be  to  pass  laws  from 
time  to  time  regulating  freight  and  passenger  tariffs  to 
prohibit  unjust  discriminations  on  the  various  rail- 
roads, canals  and  rivers  of  this  iState,  aud  prohibit 
charging  other  than  just  and  reasonable  rates,  and  en- 
force the  same  by  adequate  penalties. 

Sec.  16.  No  railroad  or  other  transportation  com- 
pany or  corporation  shall  grant  free  passes  or  sell  tick- 
ets or  passes  at  a  discount  other  than  as  sold  to  the  pub- 
lic general!}',  to  any  member  of  the  Legislature,  or  to 
any  officer  exercising  judicial  functions  under  the  laws 
of  this  State,  and  any  such  member  or  officer  receiving 
such  pass  or  ticket,  for  himself,  or  procuring  the  same 
for  another,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  lined  not  exceeding  |500,  and  at  the 
discretion  of  the  court  trying  the  case  in  addition  to 
such  tine  may  be  imprisoned  for  a  term  not  exceeding 
six  months;  and  upon  conviction  shall  be  subject  to  im- 
peachment, and  removal  from  office. 

The  courts  having  jurisdiction  shall  give  this  law 
speciall}'  in  charge  to  the  Grand  Juries,  and  when  the 
evidence  is  sufficient  to  authorize  au  indictment  the 
Grand  Jury  must  present  a  true  bill. 

Any  county  into  or  through  which  such  member  or 
officer  is  transported  by  the  use  of  such  prohibited  pass 
or  ticket,  shall  have  jurisdiction  of  the  case;  provided, 
only  one  prosecution  shall  be  had  for  the  same  offense ; 
and  provided  further,  that  the  trial  and  judgment  for  an 
offense  shall  not  bar  a  prosecution  for  another  offense 
when  the  same  pass  or  ticket  is  used;  and  provided  fur- 
ther that  nothing  herein  shall  prevent  a  member  of  the 
Legislature  who  is  a  bona  fide  employee  of  a  railroad 
or  other  transportation  company  or  corporation  at  the 
time  of  his  election,  from  accepting  or  procuring  for 
himself  or  another,  not  a  member  of  the  Legislature,  or 


974  Journal  of  Alabama 

officer  exercising-  judicial  fuiicti<Mis,  a  free  pass  over- 
the  railroads  and  other  transportation  company  or  cor- 
poration by  ^yhich  he  is  employed. 

Sec.  IT.  No  railroad  company  shall  give  or  pay  any 
rebate  or  bonus  in  the  nature  thereof,  directly  or  in- 
directly, or  do  any  act  to  mislead  or  deceive  the  public 
as  to  the  real  rates  charged  or  received  for  freights  or 
passage;  and  'dny  such  payments  shall  be  illegal  and 
void,  and  these  prohibitions  shall  l)e  enforced  by  suitable- 
penalties. 

Sec.  18.  Rights,  privileges  and  easements  for  public 
utilities  over,  along,  and  under  the  streets  of  incorpor- 
ated cities  and  toAvns  shall  not  be  granted,  except  by  the 
proper  legal  authorities  of  such  incorporated  eities  and 
towns. 

Sec.  19.  No  railroad,  canal  or  other  transportation 
company  in  existence  at  the  time  of  the  ratification  of 
this  Constitution,  shall  have  the  benefit  of  any  future 
legislation,  by  general  or  special  laws,  other  than  in 
execution  of  a  trust  created  by  lavr  or  hj  contract,  ex- 
cept on  the  condition  of  complete  acceptance  of  all  pro- 
visions of  this  article. 

Mr.  Oates,  chairman  of  tlie  Committee  on  Legislative 
Department,  submitted  the  following  report,  whicli  was 
read  one  time,  and  laid  upon  the  table,  and  300  copies' 
ordered  printed : 

Mr.  President : 

Your  Committee  on  Legislative  Department,  to  Avhom 
Avas  referred  resolution  No.  194,  to  require  the  next  Leg- 
islature to  reduce  the  tax  on  fertilizers  to  10  cents  per 
ton,  and  to  provide  for  support  of  the  Agricultural 
Schools  out  of  the  general  fund  of  the  State,  having 
carefully  considered  the  same,  instruct  me  to  report 
with  the  recomr:iend:itiou  tl^at  the  same  be  adopted  by 
the  Convention. 

Kespectfiilly  submitted, 

Wm.  C.  Oates,  Chainnau. 

Resolution  194.  by  Mr.  Morrisette: 
"Resolved,  by  the  people  of  Alabama   in   Convention 
assembled,  That  the  next  General  Assembly  of  Alal)ama 


Constitutional  Convention.  975 

shall  reduce  the  tax  on  fertilizer  to  10  cents  per  ton. 

Resolved  further,  That  the  General  Assembly,  at  the 
same  time  shall  provide  for  the  support  of  the  various 
Agricultural  Schools  in  this  State  out  of  the  general 
fund  of  the  State. 

The  resolution  Avas  referred  to  the  Committee  on 
Legislative  Department. 

Mr.  Gates  also  made  the  following  rei>ort : 
Mr.  Prc-S'ideiit : 

The  Committee  on  Legislative  Department,  to  whom 
were  referred  ordinances  405,  411,  420,  422,  432,  and 
resolutions  223  and  209,  have  carefulh^  considered  the 
same,  and  instruct  me  to  report  back  said  ordinances 
and  resolutions  with  the  recommendation  that  the  same 
do  not  pass,  said  ordinances  and  resolutions  are  here- 
with respectfully  returned. 

Ilespectfully  submitted, 

Wm.  C.  Gates,  Chalnnau. 

Mr.  Gates  moved  that  the  ordinances  and  resolutions 
above  referred  to  be  laid  upon  the  table,  without  being 
printed,  to  be  called  up  at  the  pleasure  of  the  author  of 
any  of  the  same. 

The  motion  prevailed. 

Mr.  Gates  also  returned  to  the  Convention  the  ordi- 
nance 407,  to  authorize  the  General  Assembly  to  amend 
the  Constitution  of  the  State. 

And  moved  that  the  same  be  referred  to  the  Com- 
mittee on  Amending  the  Constitution  and  Miscellaneous 
provisions. 

The  motion  prevailed. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Suffrage  and  Elections. 

The  question  being  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Samford  to  Section  4  of  the  article- 
on  Suffrage  and  Elections, 

Mr.  Knox  addressed  the  Convention  at  length. 


976  Journal  of  Alabama 

Mr.  Keese  offered  the  following  resolution,  the  rules 
were  suspended  and  the  same  was  adoi^ted : 

Kesolution  270 : 

Resolved,  That  5,000  copies  of  the  remarks  of  Hon. 
John  B.  Knox  be  printed  in  pamphlet  form. 

Mr.  Fitts  moved  a  suspension  of  the  rules  in  order 
that  he  might  move  that  a  vote  should  not  be  taken  on 
the  pending  question  until  12  o'clock  m.  Monday. 

Mr.  deGraffenried  moved  to  table  the  motion  of  Mr. 
Fitts. 

The  motion  of  Mr.  deGraffenried  was  lost. 

RECESS. 

Pending  the  further  consideration  of  the  motion  of 
Mr.  Fitts,  the  hour  of  1  o'clock  p.  m.  arrived,  the  Con- 
Tention  recessed  until  3  :30  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjouriimeut. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum : 

Messrs.  President,  Carnathon, 

Altman,  Chapman, 

Ashcraft,  Cobb, 

Banks,  Cofer, 

Barefield,  Coleman  (Greene), 

Bartlett,  Coleman  (Walker), 

Beddow,  Cornwell, 

Bethune,  Craig, 

Blackwell,  Cunningham. 

Brooks,  Davis  (DeKalb), 

Browne,  Davis  (Etowah), 

Bulger,  Dent, 

Burnett,  deGraffenried, 

Byars,  ^^'ey, 

Carmichael  (Coffee),  Eyster, 


Constitutional  Convention. 


977 


Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Led  better, 

Leigh, 

Locklin, 

Lomax, 

Long  (Butler), 

63 


Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  ( Wilcox 'i 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill,  (Jefferson), 

Opp, 

O'Rear, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Kenfro, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

San  ford, 

Searcy, 

Selheimer, 


978  Journal  of  Alabama 

Sentell,  Walker, 

Sloan,  Watts, 

Smith  (Mobile),  Weakley, 

Smith,  Mac.  A.  AVeatherly, 

Smith,  Morgan  M.,  ^^liite, 

Sollie,  Whiteside, 

Sorrell,  Willett, 

Spears,  Williams  (Barbour), 

Spragins,  Williams  (Marengo), 

Stewart,  Williams  (Elmore), 

Tayloe,  Wilson  (Clarke), 

Thompson,  Wilson  (Washington). 

Vaughan,  Winn — 137. 

Waddell, 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Suffrage  and  Elections. 

Mr.  Proctor  moved  that  a  vote  be  taken  on  the  pend- 
ing question  not  later  than  5  o'clock  this  afternoon. 

Mr.  Lowe,  of  Jefferson,  moved  to  amend  the  motion 
of  Mr,  Proctor  by  inserting  12 :30  o'clock  on  Monday^ 
in  lieu  of  the  words  5  o'clock  this  afternoon. 

Mr.  Cobb  offered  the  following  substitute  for  the 
amendment  of  Mr.  Lowe,  of  Jefferson : 

Substitute  the  words  12  :30  o'clock  on  Tuesday  for  the 
words  12  :30  on  Monday. 

By  unanimous  consent  Mr.  Lowe  was  allowed  to  ac- 
ce])t  the  substitute  of  Mr.  Cobb. 

Mr.  Graham,  of  Talladega,  moved  to  table  the  amend- 
ment offered  by  Mr.  Lowe,  of  Jefferson,  and  the  motion 
was  lost.  1 

Tlie  question  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Lowe,  of  Jefferson. 

The  amendment  was  adopted. 

^\v.  (rraham,  of  Talladega,  offered  the  following 
amendment: 

Amend  so  that  the  entire  article  on  Suffrage  and 
Elections  shall  be  concluded  at  12  o'clock  Tuesdav. 


•  Constitutional  Convention.  *  979 

On  motion  of  Mr.  deGraffenried  the  amendment  of 
Mr.  Graham,  of  Talladega,  was  laid  upon  the  table. 

The  question  then  recurred  upon  the  adoption  of  the 
motion  of  ^Ir.  Proctor  as  amended  by  the  motion  of  Mr. 
Lowe. 

The  motion  as  amended  was  adopted. 

adjournment. 

The  hour  of  6  o'clock  p.  m.  arrived,  and  under  the 
rules  the  Convention  adjourned  until  9  :30  o'clock  to- 
morrow mornino-. 


FIFTY-SIXTH  DAY. 

Convention  Hall. 
Montgomery,  Ala.,  Saturday,  July  27,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Shores  of  Prattville. 

Messrs.  President,  Dent, 

Altman,  deGraffenried, 

Asbcraft,  Duke, 

Banks,  Eley, 

Barefield,  Fletcher, 

Bartlett,  Gilmore, 

Beddow,      .  Glover, 

Bethune,  Grant, 

Blackwell,  Greer  (Calhoun), 

Brooks,  Greer  (PerryJ, 

Browne,  Haley, 

Byars,  Handley, 

Chapman,  Heflin  (Randolph), 

Cofer,  Hood, 

Coleman  (Greene),  Howell, 

Cunningham,  Howze, 

Davis  (Etowah),  Tnge, 


980 


Journal  of  Alabama 


Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Ledbetter, 

Macdonald, 

Martin, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Murphree, 

Norman, 

Norwood, 

Opp, 

O'Kear, 

Pearce, 

Phillips, 

Pillans, 

Porter, 

Proctor, 

Kobinson, 


Kogers  (Lowndes), 

Rogers  (Sumter), 

Samford,   . 

Sanders, 

Sanford, 

Selheimer, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Spears, 

Stewart, 

Tayloe, 

Walker, 

Watts, 

Weakley, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  ( Marengo ) , 

Williams  (Elmore), 

Winn— 80. 


LEAVES   OF   ABSENCE. 


Was  granted  to  Messrs.  Jenkins,  Parker  of  Elmore, 
Spragins,  Harrison,  for  to-day  and  Monday ;  Oates,  Car- 
nathon,  Maxwell,  Reese,  Renfroe,  Heflin  of  Chambers, 
for  to-day ;  Reynolds  of  Henry  for  to-day  and  Monday ; 
J.  D.  Norman  for  Monday,  Tuesday  and  Wednesday; 
Carmichael  of  Colbert,  for  to-day. 

REPORT  OF  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted   the    following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to 
report  that  they  have  examined  the  Journal  for 
the  fifty-fifth  day  of  the  Convention,  and  that  the  same 
is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 


Constitutional  Convention.  981 

resolutions  on  first  reading. 

Tlie  followiug  resolutions  were  introduced,  severally 
read  one  time  at  length  and  referred  to  appropriate  com- 
mittees as  follows : 

IJesohition  270,  by  Mr.  Williams,  of  Marengo: 

Resolved,  That  3,000  copies  of  the  speech  of  Mr.  Smith, 
of  Mobile,  be  printed  for  distribution. 

The  resolution  was  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 

Resolution  271,  by  Mr.  Beddow: 

Whereas,  This  Convention  has  ordered  printed,  at  the 
expense  of  the  State,  the  speeches  of  the  gentlemen  from 
Greene  and  Calhoun;  and 

Whereas,  Both  of  said  speeches  were  made  by  dele- 
gates favoring  the  majority  report  of  the  Committee  on 
Suffrage  and  Elections ;  and 

Whereas,  The  people  should  be  allowed  to  read  and 
study  both  sides  of  this  all  important  question; 

Therefore,  be  it  resolved.  That  5,000  copies  each  of 
the  speeches  of  the  gentlemen  from  Montgomery,  Oates 
and  Jones;  and  the  gentlenum  from  Jefferson,  Mr. 
White,  be  ordered  printed  in  pamphlet  form  for  distri- 
bution. 

'Mr.  Beddow  moved  a  suspension  of  the  rules  for  the 
puvpose  of  putting  the  resolution  271  on  its  immediate 
passage. 

The  motion  to  suspend  the  rules  was  lost,  and  the 
resolution  was  referred  to  the  Committee  on  Schedule, 
Printing  and  Incidental  Expenses. 

Mr.  Barefield  offered  the  following  resolution. 

The  rules  were  suspended  and  the  resolution  was 
adopted : 

Resolution  272 : 

Resolved,  That  when  this  Convention  adjourns  at  1 
o'clock  it  adjourns  until  11  a.  m.  Monday. 

REPORT  OF   STANDING   COMMITTEES. 

Mr.  Heflin  of  Randolph,  chairman  of  the  Committee 
on    Schedule.   Pvirt'n'';  and   lu'-ideutal   Expenses,   sub- 


'982  Journal  uf  Alabama 

mitted  the  following  report,  which  was  laid  upon  the 
table  and  300  copies  ordered  printed : 

Mr.  President: 

The  Committee  on  Schedule,  Printing  and  Incidental 
Expenses  have  instructed  me  to  make  the  following  par- 
tial report,  viz. : 

The  committee  has  audited  the  accounts  hereto  at- 
tached, and  find  that  the  State  of  Alabama  is  indebted 
to  the  Brown  Printing  Company  of  Montgomery,  Ala., 
in  Vie  sum  of  |8.T5. 

We  find  that  said  State  is  indebted  to  William  H. 
Carrigan  of  Montgomery,  Ala.,  in  the  sum  of  |3.00. 

We  find  that  said  State  is  indebted  to  Robert  Hasson, 
door  keeper,  in  the  sum  of  |6.23. 

We  find  that  said  State  is  indebted  to  Ed.  C.  Fowler 
Company  of  Montgomery,  Ala.,  in  the  sum  of  |20. 

We  find  that  said  State  is  indebted  to  J.  W.  Terry 
of  Montgomery,  Ala.,  in  the  sum  of  |5.00  for  rent  of 
typewriter  up  to  July  24. 

"^  We  find  that  said  State  is  indebted  to  Ed.  C.  Fowler 
Company  of  Montgomery,  Ala.,  in  the  sum  of  |3.46. 

All  of  the  above  amounts  are  for  printing  done,  for 
articles  furnished  State  of  Alabama,  for  use  of  Consti- 
tutional Convention,  and  all  of  the  above  amounts  are 
itemized  as  shown  by  the  bills  hereto  attached.  Total 
amount,  $108.38,  and  we  recommend  the  payment  of  the 
same.    All  of  which  is  respectfully  submitted. 

John  T.  Heflin. 
Chairman  of  Committee  on  Schedule,  Printing  and  In- 
cidental Expenses. 

Mr.  Samford,  chairman  of  the  Committee  on  Engross- 
ment, submitted  the  following  report,  and  asked  that 
the  same  go  over  until  Monday,  to  be  taken  up  and  con- 
sidered then  in  its  regular  order : 

Mr.  President : 

The  Committee  on  Engrossment  have  examined  and 
compared  the  following  articles,  to-'wit :  Legislative  De- 
partment, and  find  it  correctly  enrolliMl. 

Respectfully  submitted, 

Wm.  H.  Samford.  Chairman. 

The  report  went  over  until  Monday. 


Constitutional  Convention.  983 

unfinished  business. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  wliicli  Avas  the  report  of  the 
Committee  on  Suffrage  and  Elections. 

Tlie  question  being  upon  the  adoption  of  the  amend- 
ment ollered  by  Mr,  Samford  to  Section  4  of  the  article 
on  Suffrage  and  Elections. 

On  motion  of  lSli\  Sanders  the  rules  were  suspended, 
and  5,000  copies  of  the  speech  of  Dr.  11.  M.  Cunningham 
were  ordered  printed. 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Suffrage  and  Elections,  under  the 
resolution  heretofore  adopted,  the  Convention  adjourned 
until  11  o'clock  on  Monday. 


FIFTY-SECOND  DAY. 

CONVENTION  Hall. 

Montgomery,  Ala.,  Monday,  July  29,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Marshall  of  the  citv. 

ROLL   call. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Bartlett, 

Almon,  ifJeavers, 

Altman,  Beddow, 

Ashcraft,  Blackwell, 

Banks,  Boone, 

Barefield,  Brooks, 


984 


Journal  of  Alabama 


Browne, 

Bulger, 

Byars, 

Oarmichael   ( Colbert ) , 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Cornwell, 

Craig, 

Cunningham, 

Davis,   (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Espy, 

Ferguson, 

Fletcher, 

Foshee, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Heflin  (Chambers), 

Heflin  (Eandolph), 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery),. 


Jones  (Wilcox), 
Kirk, 
Knight, 
Kyle, 
Ledbettei, 
Lomax, 

Long  (Butler), 
Long  (Walker), 
Macdonald, 
McMillan  (Wilcox), 
Malone, 
Martin, 
Maxwell, 
Merrill, 

Miller   (Wilcox), 
Moody, 
Murphree, 
NeSmith, 
Norwood, 
Gates, 

O'Neal  (Lauderdale), 
Opp, 
O'Rear, 

Parker  (Cullman), 
Parker  (Elmore), 
Pettus, 
Phillips, 
Pillans, 
Porter, 
I'roctor, 

Reynolds  (Chilton), 
Rol)insoii, 
Rogers  (Lowndes), 
Rogers  (Sumter), 
Samford, 
Sanford, 
Sentell, 

Smith  (Mobile), 
Smith,  Mac.  A. 
Smith,  ^lorgan  M,, 
Sollie, 


Constitutional  Convention.  985 

Spears,  Williams  (Barbour), 

Stewart,  Williams  (Marengo). 

Vaughan,  Williams  (Elmore), 

Walker,  Wilson  (Clarke), 

Watts,  Wilson  (Washington), 

Weakley,  Winn — 107. 
Weatherly, 

LEAVE  of  absence. 

Was  granted  to  ^lessrs.  White,  Jones  of  Montgon-- 
ery,  Ferguson,  Waddell  and  Ely  for  to-day;  Pitts,  Tixy- 
loe,  Reese,  Hodges  for  to-day;  Harrison  for  to-day. 

PRIVILEGES  OF  THE  FLOOR. 

Mr.  Long,  of  Walker,  moved  that  the  privileges  of 
tbe  iioor  be  extended  to  Hon.  F.  L.  Blackman  of  Annis- 
ton,  and  the  motion  prevailed. 

REPORT   OF   COMMITTEE   ON   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in  : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  ilicy  have  examined  the  Journal  for  the  fifty-s;.\tli 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

RESOLUTIONS   ON   FIRST    RI]AI)ING. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  lengtli,  and  referred  to  appropriate 
committees,  as  follows : 

Resolution  273,  by  Mr.  Gilmore : 

Resolved,  That  5,000  copies  each  of  the  speeches  of 
Gen.  William  C.  Oates,Gen.  George  B.  Harrison,  Hon. 
Frank  S.  White,  Hon.  S.  H.  Dent,"  and  Gov.  Thomas  G. 
Jones  be  printed  in  pamphlet  form  for  distribution 
among  the  citizens  of  the  State. 

The  resolution  was  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 


986  Journal  of  Alabama 

Resolution  274,,  by  Mr.  Seutell : 

Whereas,  There  are  mauy  members  of  this  Convention 
who  desire  to  give  some  expression  of  their  views  upon 
the  question  now  under  consideration,  and 

Whereas,  They  will  not  be  permitted  to  do  so  under 
the  present  rule  of  long  speeches;  therefore  be  it 

Eesolved,  That  on  to-morrow,  Tuesday,  up  until  12 
o'clock,  the  hour  of  voting,  all  speeches  be  limited  to  5 
minutes  in  length. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

ORDINANCES  ON  FIRST  READING. 

The  folloAving  oi'dinance  was  introduced,  read  one 
time  at  length,  and  referred  to  appropriate  com- 
mittee, as  follows : 

Ordinance  434,  by  Mr.  Williams,  of  Marengo : 

Relating  to  the  voting  of  commercial  drummers,  min- ' 
isters  of  the  gospel,  school  teachers  and  railroad  em- 
ployes, and  other  good  men  whose  business  causes  them 
to  be  transients. 

The  ordinance  was  referred  to  the  Committee  on 
iSuffrage  and  Elections. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
'Committee  on  Suffrage  and  Elections. 

The  question  was  upon  the  adoption  of  the  amend- 
ment of  Mr.  Samford  to  Section  4  of  the  article  on  Suf- 
frage and  Elections. 

RECESS. 

The  hour  of  1  o'clock  p.  ui.  arrived,  and  under  the 
rules,  the  Convention  recessed  until  3:30  this  afternoon. 


Constitutional  Convention.  987 

AFTERNOON  SESSION. 
The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  constituted 
a  quorum : 


Messrs.  President, 

Altman, 

Ashe  raft, 

Banks, 

Barefield, 

Bartlett, 

lienvers, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Byars, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Chapman, 

Cobb, 

Cunningham, 

Davis  (Etowah), 

Dent, 

deGraifenried, 

Fletcher, 

Foshee, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery) , 

Grant, 

Grayson, 

Greer  (Calhoun), 


Handley, 

Hefliu  (Chambers), 

Heflin  (Randolph), 

Hend2rsou, 

Hood, 

Howell, 

Howze, 

Inge, 

Jenkins, 

Jones  (Wilcox), 

Kirk. 

Kirkland, 

Knight, 

Ledlbetter, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Macdonald, 

Malone, 

Martin, 

Maxw.-U, 

Merrill, 

Miller  (Wilcox), 

bloody, 

iNIurphree, 

Norwood, 

Oates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp,  , 

Pearce, 


988  Journal  of  Alabama 

Pettus,  Smith,  Morgan  M. 

Phillips,  Sollie, 

Pillans,  Spears, 

Pitts,  Stewart, 

Porter,  Vaiighan, 

Proctor,  Walker, 

Reynolds  (Chilton),  Watts, 

Robinson,  Weakley, 

Rogers  (Lowndes),  Weatherly, 

Rogers  (Sumter),  Williams  (Barbour), 

Samford,  Williams  (Marengo), 

Sanford,  Wilson  (Clarke), 

Sentell,  Wilson  (Washington), 

Smith  (Mobile),  Winn— 91. 

Smith,  Mac.  A., 

UXFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Suffrage  and  Elections. 

The  question  was  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Samford  to  Section  4  of  the  article 
on  Suffrage  and  Elections. 

Mr.  Beddow  offered  the  following  resolution,  which 
was  referred  to  the  Committee  on  Rules: 

Resolution  275  : 

Resolved,  That  5,000  copies  of  the  speech  delivered 
by  Mr.  Sollie  be  ordered  printed  for  distribution. 

'      ,  ADJOURNMENT. 

The  hour  of  G  o'clock  arrived,  and  under  the  rules 
the  Convention  adjourned  until  9  :30  o'clock  to-morrow 
mornins:. 


Constitutional  Convention. 


989 


FIFTY-EIGHTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Tuesday,  July  30,  1901, 

The  Convention  met  pursuaut  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Marshall  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum : 


INIessrs.  President, 

Altinan, 

Ashcraft, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Byars, 

Cardon, 

Carmichael   (Colbert' 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 


Cunningham, 
Davis  (Etowah),' 
Dent, 

deGraffenried, 
Duke, 
Eley, 
Eyster, 
Ferguson, 

Fletcher, 

Foshec, 

l"'oster, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Hefliu  (Randolph), 

Henderson, 

Hinson, 


990 


Journal  of  Alabama 


Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Hale), 

Jones  ( ^Montgomery ) , 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

^laxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Mnlkev, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Parker  (Cullman),. 

Pearce, 

Pettus, 


Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Henry), 

Robinson, 

Rogers   ( Lowndes ) , 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

Sanford, 

Searcy, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sol  lie, 

Sorrell, 

s  Dears. 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaughan, 

Wad  dell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

WHiite, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington). 

Winn— 134. 


Constitutional  Convention.  991 

leave  of  absence 

Was  granted  to  Mr.  Stewart  for  this  afternooUy. 
Wednesday  and  Tlmrsday. 

REPORT  OF  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted   the    following  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to 
report  that  they  have  examinerl  the  Journal  for 
the  fifty-seventh  day  of  the  Convention,  and  that  the 
same  is  correct. 

Eespectfully  submitted, 

John  F.  Proctor^  Chairinan. 

STENOGRAPHIC  REPORT. 

Messrs.  Porter  and  Rogers  of  Lowndes  called  the  at- 
tention of  the  Convention  to  certain  errors  in  the  sten- 
ographic report  of  the  proceedings  of  yesterday. 

The  report  was  ordered  corrected. 

QUESTION   OF  PERSONAL   PRIVILEGE. 

Mr.  Reese  arose  to  a  question  of  personal  privilege 
and  proceeded  to  state  his  question  of  personal  privi- 
lege. 

On  motion  of  Mr.  Heflin,  of  Chambers,  the  privileges 
of  the  floor  were  extended  to  Senator  R.  L.  Kipp. 

REPORT  OF  COMMITTEE  ON  RULES. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  reported  favorably  the  following  resolu- 
tion: 

Resolution  276 : 

Resolved,  That  hereafter  the  sessions  of  this  Conven- 
tion shall  be  as  follows :  Meet  daily  at  9  a.  m.,  adjourn 
at  1 :30  p.  m. ;  meet  at  3  :30  p.  m.  and  adjourn  at  7  p.  m, 

Mr.  Howze  moved  to  amend  the  resolution  by  insert- 
ing the  word  1  o'clock  p.  m.  instead  of  1 :30  p.  m. 

The  amendment  was  adopted. 


^92  Journal  of  Alabama 

Mr.  Sollie  moved  to  aDiend  the  resolution  bv  insert- 
ing the  words  3  o'clock  p.  m.  instead  of  the  words  3  :30 
p.  ni. 

On  motion  of  Mr.  Rogers  of  Sumter  the  amendment 
of  Mr.  fc?ollie  was  laid  upon  the  table. 

On  motion  of  Mr.  Smith,  of  Mobile,  the  resolution,  as 
amended,  was  adopted. 

rXFIXISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Suffrage  and  Elections. 

The  question  was  upon  the  adoption  of  the  amend- 
ment oft"ered  by  Mr.  Samford  to  Section  4  of  the  article 
on  Suft'rage  and  Elections. 

By  unanimous  consent  Mr.  Samford  withdrew  his 
amendment. 

Mr.  Coleman,  of  Greene,  moved  that  the  rules  be  sus- 
pended, for  the  purpose  of  extending  the  time  to  take 
the  vote  until  1  o'clock  p.  m.,  and  limiting  the  debate 
to  10  minutes. 

The  motion  was  lost. 

The  question  was  upon  the  adoption  of-  the  minority 
report  to  subdivision  2  of  Section  4. 

The  minority  report  reads  as  follows: 

We  recommend  that  the  aforesaid  subdivision  2  of 
Section  4  be  stricken  out. 

Respectfully  submitted, 

Frank  S.  White, 
S.  H.  Dent, 
Geo.  p.  Harrison, 
Wm.  C.  Gates. 

:\rr.  Robinson  moved  to  table  the  minority  report, 
and  the  motion  prevailed:  Yeas,  109;  nays,  23. 


Constitutional  Convention. 


993 


YEAS. 


Messrs.  President, 

Altman, 

Aslicraft, 

Barefield, 

Beavers, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Burnett, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Canningham, 

Davis  (Etowah), 

deGraffenried, 

Duke, 

Eyster, 

Fitts, 

Fletcher, 

Foster, 

Gilmore, 

Glover, 

Graham  (iMontgomery), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

63 


Henderson, 

Hinson, 

Hodges, 

Hood, 

Howze, 

Inge, 

•Jack, so  11, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

^lartin, 

Maxwell, 

Merrill, 

Miller   (Wilcox), 

Moody, 

NeSmith, 

Norman, 

Norwood, 

O'Neal  (Lauderdale) 

Opp, 

O'Rear, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pifts. 

Proctor, 

Kcese, 


994 


Journal  of  Aj^abama 


Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Smith,  Mac.  A, 

Smith,  Morgan  M.» 

Sollie, 

Spragins, 

Stewart, 


Tayloe, 

Thompson, 

Vaughan, 

Walker, 

Watts, 

Weakley, 

Weatherly. 

Whiteside, 

Willett, 

Williams  (Barbour)^ 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington), 

Winn — 109. 


NAYS. 


Messrs.  Bartlett, 

Beddow, 

Cofer, 

Dent, 

Eley, 

Ferguson, 

Foshee, 

Harrison, 

Jones  (Montgomery), 

Kirkland, 

Kyle, 

Lowe  (Jefferson), 


Mulkey, 

Murphree, 

Gates, 

O'Neill  (Jefferson), 

Porter, 

Reynolds  ( Chilton )y 

Sloan, 

Smith  (Mobile), 

Spears, 

Waddell, 

White— 23. 


PAIRS   ANNOUNCED. 


Tlie  following  pairs  were  announced : 

Messrs.  Locklin,  Banks,  Browne,  Graham  of  Talla- 
dega ;  Burns,  Byars,  Craig,  Freeman,  Mc^Iillan  of 
Baldwin;  Howell,  Jenkins,  Renfroe,  Davis  of  DeKalb; 
Phillips.  ^lessrs.  Locklin,  Browne,  Burns,  Craig,  ^fc- 
^lillan  of  Baldwin,  Jenkins,  Davis  of  DeKalb,  would 
vote  aye;  and  ^[essrs.  Banks,  Graham  of  Talladega, 
Byars,  Freemen,  Howell,  Renfroe  and  Phillips  Avould 
vote  nay. 


Constitutional  Convention.  995 

Mr.  Gates  offered  the  following  amendment  to  Section 
4,  subdivision  1 : 

Amend  Section  4,  first  subdivision,  after  the  word 
"States"  in  line  ten,  strike  out  the  semicolon,  insert 
therefor  a  comma,  and  add  the  words  "and  did  not  de- 
sert from  such  service." 

RECESS. 

The  hour  of  1  o'clock  p.  m.  arrived,  and  under  the 
rules  the  Convention  recessed  until  3 :30  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

roll  call. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum : 

Messrs.  President,  Chapman, 

Altman,  Cobb, 

Ashcraft,  Cofer, 

Banks,  Coleman  (Greene), 

Barefield,  Coleman  (Walker), 

Bartlett,  Cornwell, 

Beddow,  Craig, 

Bethune,  Cunningham, 

Blackwell,  Davis  (DeKalb), 

Boone,  Davis  (Etowah), 

Brooks,  Dent, 

Browne,  deGraffenried,, 

Bulger,  Duke, 

Burnett,  Eley, 

Byars,  Eyster, 

Carmichael  (Colbert),           Ferguson, 

Carmichael  (Coffee),  Fitts, 

Carnathon,  Fletcher, 

Case,  Foshee, 


996 


Journal  of  Alabama 


Foster, 
Gilmore, 
Glover, 

Graham  ( Montgomery ) , 
Grant, 
Grayson, 
Greer  (Calhoun), 
Greer  (Perry), 
Haley, 
Handley, 
Harrison, 

Heflin  (Chambers), 
Heflin  (Randolph), 
Henderson, 
Hinson, 
Hodges, 
Hood, 
Howell, 
Howze, 
Inge, 
Jackson, 
Jenkins, 
Jones  (Bibb), 
Jones  (Hale), 
Jones  (Montgomery), 
Jones  (Wilcox), 
Kirk, 
Kirkland, 
Knight, 
Kyle, 
Ledbetter, 
Leigh, 
Locklin, 
Lomax, 

Long  (Butler), 
Long  (Walker), 
Lowe  (Jefferson), 
Macdonald, 
McMillan  (Baldwin), 
McMillan  ( Wilcox ) , 
Malone, 


Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morri.iette, 

Mulkey, 

Murphree, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Eear, 

Parkoi'  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Renfro, 

Reynolds  (Chilton), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sloan, 

Smith   (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 


Constitutional  Convention. 


997 


Sorrell, 
Spears, 
Spragins, 
Studdard, 
Tayloe, 
Thompson, 
Vaughan, 
Waddell, 
Walker, 
Watts, 
Weakley, 


Weatherly, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  (Marengo),. 

Williams  (Elmore), 

W^ilson  (Clarke), 

Wilson  ( Washington ) , 

Winn— 141. 


unfinished  business. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Suffrage  and  Elections. 

The  question  was  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Gates  to  Section  4,  subdivision  1  of 
the  article  reported  by  the  Comniitee  on  Suffrage  and 
Elections. 

On  motion  of  Mr.  O'Neal,  of  Lauderdale,  the  amend- 
ment offered  by  Mr.  Oates  was  laid  upon  the  table. 

Mr.  Robinson  offered  the  following  amendment  to 
Section  4 : 

Amend  Section  4  by  inserting  after  the  word  "up- 
wards," in  the  second  line,  the  following  words,  "and 
those  who  will  become  21  years  of  age  before  the  first 
day  of  January,  1905." 

Mr.  Coleman,  of  Greene,  moved  to  table  the  amend- 
ment offered  by  Mr.  Robinson. 

And  the  motion  to  table  prevailed  :  Yeas,  64 ;  nays,  53. 


YEAS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barefleld, 

Bethune, 


Blackwell, 

Boone, 

Bulger, 

P>ya  rs, 

Gnrmichael  (Colbert)^ 

Carnathon, 


998 


Journal  of  Alabama 


Chapman, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cunningham, 

deGraftenried, 

Eyster, 

Ferguson, 

Fitts, 

Fletcher, 

Glover, 

Grant, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Harrison, 

Hinson, 

Hood, 

Howze, 

Inge, 

Jones  (Wilcox), 

KnighL, 

Macdonald, 

McMillan  (Wilcox), 

Merrill, 

Miller  (Wilcox), 

NeSmitli, 


Norwood, 

O'Neal  (Lauderdale), 

O'Neill,  (Jefferson), 

Opp, 

O'Rear, 

Parker  (Cullman), 

Pettus, 

Pitts, 

Proctor, 

Reese, 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Smith  (Mobile), 

Vaughan, 

Wad'dell, 

Walker, 

Watts, 

AYeakle}^, 

Weatherly, 

Williams  (Barbour), 

Williams  ( Marengo ) , 

Wilson   ( Washington ) , 

Winn— G4. 


JS'AYS. 


Messrs.  Bartlett, 

Beddow, 

Brooks, 

Burnett, 

Cardon, 

Carmichael  (Coffee), 

Cobb, 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Foshee,  ' 


Gilmore, 

Graham  (Montgomery), 
^  Jrnyson, 
Handley, 

Heflin  ^Randolph), 
Renderson, 
Jnrkson, 
Jenkins, 
JoTies  (Bibb), 
Kirk, 
•  Kyle, 
Lomax, 


Constitutional  Convention.  999 

Long  ( Walker ) ,  Samf ord, 

Lowe  (Jefferson),  Sloan, 

Malone,  Smith,  Mac.  A. 

Martin,  Smith,  Morgan  M., 

Maxwell,  Sollie, 

Moody,  Sorrell, 

Murphree,  Spears, 

Oates,  Spragins, 

Parker  (Elmore),  Tayloe, 

Pearce,  Thompson, 

Phillips,  White, 

Porter,  ^Vhiteside, 

Reynolds  (Henry),  Williams  (Elmore), 

Eobinson,  Wilson  (Clarke), — 53. 

Rogers  (Lowndes), 

PAIRS   announced. 

Messrs.  Browne  and  Graham  of  Talladega.  Mr. 
Browne  stated  that  he  did  not  know  how  Mr.  Graham, 
^f  Talladega,  would  vote,  but  that  he  was  paired,  and  if 
present  he  (Mr.  Graham,  of  Talladega)  would  vote  nay, 
and  that  he  (Mr.  Browne)  Avould  vote  aye. 

Subdivision  1  of  Section  4  of  the  article  of  the  report 
of  the  Committee  on  Suffrage  and  Elections  was 
:adopted. 

Subdivision  2  of  Section  4  of  the  article  of  the  report 
of  the  Committee  on  Suffrage  and  Elections  was 
adopted. 

protest. 

Mr.  Lowe,  of  Jefferson,  stated  that  he  desired  to  file 
his  protest  against  the  adoption  of  subdivision  2,  as  he 
considered  the  subdivision  2  undemocratic,  unjust  and 
nnfair. 

Subdivision  3  of  Section  4  of  the  article  of  the  report 
<of  the  Committee  on  Suffrage  and  Elections  was 
adopted. 

The  question  was  upon  the  adoption  of  entire  Section 
4  of  the  article  on  Suffrage  and  Elections. 

Section  4  was  thereupon  adopted  :  Yeas,  104 ;  nays,  14. 


1000 


Journal,  of  AlabamAi 


YEAS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Barefield, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Burnett, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Coleman  ( Greene ) , 

Coleman  (Walker), 

Cornwell, 

Cunningham, 

Davis  (Etowah), 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Fitts, 

Fletcher, 

Foster, 

Glover, 

Graham  (Montgomery), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 


Hinson, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Lomax, 

Long  (Walker), 

Macdonald, 

McMillan  (Wilcox), 

]Malone, 

Martin, 

^Maxwell, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Murphree, 

NeSmith, 

Norwood, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

JMtus, 

Pillans, 

Pitts, 

Proctor, 

Reese, 

Reynolds  (Henry), 

Robirsou, 

Rogers   (LoAvndes), 

Roaers!  ('Sumter). 


Constitutional  Convention, 


1001 


Samford, 

Sanders, 

8a  u  ford, 

Searcy, 

Selheimer, 

Smith  (Mobile), 

Smith,  Mac,  A„ 

Smith,  Morgan  M. 

Sollie, 

Sorrel], 

Spragins, 

Tayloe, 

Thompson, 


Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weather  ly, 

Whiteside, 

Williams  (Barbour), 

Williams  ( Marengo ) , 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  ( Washington ) 

Winn— 104. 


NAYS. 


Messrs.  Bartlett, 

Beddow, 

Cardoa, 

Dent, 

Fosheo, 

Gilmore, 

Harrison, 


Kyle, 

Lowe  (Jefferson), 

Oates, 
Porter, 
Sloan, 
Spears, 
White— 14. 


TAIRS   ANNOUNCED. 

The  following  pairs  were  announced : 

Messrs.  Locklin,  Banks,  Browne,  Graham  -of  Talla- 
dega, Burns,  Byars,  Stewart,  Cofer,  ^McMillan  of  Bald- 
win, Howell,  Davis  of  DeKalb,  Phillips,  Craig,  Free- 
man. ^Messrs.  Locklin,  Browne,  Burns,  Stewart,  Mc- 
Millan of  Baldwin,  Davis  of  DeKalb,  Craig  would  vote 
aye;  and  Messrs.  Banks,  Graham  of  Talladega,  Byars, 
Cofer,  Howell,  Phillips  and  Freeman  would  vote  nay. 

section  five. 


Was  read  at  length  as  follows : 

Sec.  5.  After  the  first  day  of  Januarv,  1903.  the  fol- 
f owing  persons,  and  no  others,  who.  if  t^ieir  place  of 
residence   shall    iemai",»    vTir-i"^7i'.Pfi.    --*';    '--^v^.    ;>(-   t!ie 


1002  JouRXAL  OF  Alabama 

date  of  the  next  general  election,  the  qualifications  as 
to  residence  prescribed  in  Section  2  of  this  article, 
shall  be  qualified  to  register  as  electors;  provided,  they 
shall  not  be  disqualified  under  Section  6  of  this  article : 

First — Those  who,  unless  prevented  by  i^hysical  dis- 
ability can  read  and  write  any  article  of  the  Constitu- 
tion of  the  United  States  in  the  English  language,  and 
Avho,  being  physicalh'-  able  to  work,  have  been  regularly 
engaged  in  some  lawful  business  or  occupation,  trade 
or  calling  for  twelve  months  next  preceding  the  time 
they  offer  to  register;  or 

Second — The  owner  in  good  faith  in  his  own  right  or 
the  husband  of  a  woman  who  is  the  owner  in  good  faith 
in  her  own  right,  of  forty  acres  of  land  situated  in  this 
State,  upon  which  they  reside ;  or  the  owner  in  good 
faith  in  his  own  right,  or  the  husband  of  any  woman 
who  is  the  owner  in  good  faith  in  her  own  right,  of  real 
estate  situate  in  this  State  assessed  for  taxation  at  the 
value  of  |300  or  more,  or  the  owner  in  good  faith,  in 
his  own  right,  or  the  husband  of  a  woman  who  is  the 
owner  in  good  faith,  in  her  own  riglit,  of  personal  prop- 
erty in  this  State  assessed  for  taxation  at  fSOO  or  more; 
providetl,  that  the  taxes  due  upon  such  real  or  personal 
property  for  the  year  next  preceding  the  year  in  which 
he  offers  to  register,  shall  have  been  paid,  unless  the  as- 
sessment shall  have  been  legally  contested  and  is  unde- 
termined,. 

On  motion  of  Mr.  Samford  the  rules  were  suspended 
and  Section  5  was  considered  by  subdivisions. 

Mr.  Long,  of  Walker,  offered  the  following  amend- 
ment to  Section  5,  subdivision  1 : 

Amend  Section  5  in  first  line  by  striking  out  "1903" 
and  inserting  "1905"  in  lieu  thereof,  and  by  adding  after 
word  "article,"  in  fifth  line,  tlie  following:  "Provided 
further,  tlmt  all  male  persons  becoming  of  age  or  citi- 
zens of  Alabama,  l)etween  first  of  January,  1903,  and 
first  January  1905,  shall  be  registered  under  subdivision 
3  of  Section  4  of  this  article." 

Mr.  O'Neal,  of  Lauderdale,  moved  to  table  the  amend- 
ment offered  Ijy  ^Ir.  Long,  of  AValker. 


Constitutional  Convention. 


1003 


The  motion  prevailed,  and  the  aiueiidment  was  laid 
upon  the  table:  Yeas,  63;  nays,  49. 


YEAS. 


Messrs.  President, 
Ash  era  ft, 
Banks, 
Barefield, 
Bethune, 
Black  well, 
Boone, 
Browne, 

Carmichael   ( Colbert ) , 
Carnathon, 
Chapman, 
Cobb, 

Coleman  (Greene), 
Coleman  (Walker), 
Cunningham, 
Dent, 

deGraffenried, 
Fitts, 
Fletcher, 
Foster, 
Glover, 
Grant, 

Greer  (Perry), 
Hinson, 
Hood, 
HoAvell, 
Howze, 
Inge, 

Jones  (Wilcox), 
Knight, 
Lomax, 
Lowe  (Jefferson), 


Macdonald, 

McMillan  (Wilcox), 

Merrill, 

Miller  (Wilcox), 

NeSmith, 

Norwood, 

O'Neal  (Lauderdale), 

O'Eear, 

Parker  (Cullman), 

Pettus, 

Pillans, 

Pitts, 

Rogers  (Lowndes), 

Bogers  (Sumter), 

Sanders, 

Searcy, 

Selheimer, 

Smith  (Mobile), 

Tayloe, 

Vaughan, 

Wad^dell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

Williams  ( Barbour) , 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington), 

Winn— 03. 


1004 


Journal  of  Alabama 


NAYS. 


Messrs.  Bartlett, 

Beddow, 

Bulger, 

Burnett, 

Cardon, 

Caruii cliael  ( Coffee ) , 

Davis  (Etowah), 

Duke, 

Eley, 

Ferguson, 

Foshee, 

Graham  (Montgomery), 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Heflin  (Randolph), 

Jacksoii. 

Jenkins, 

Jones  (Bibb), 

Kirk, 

Kyle, 

Long  (AValker), 

Mai  one, 

Martin, 


Maxwell, 

Moody, 

Murpliree, 

Gates, 

O'Neill  (Jefferson), 

Opp, 

Parker  (Elmore), 

Pearce, 

Phillips, 

Porter, 

Proctor^ 

Reynolds  (Henry), 

Robinson, 

Sanford, 

Sloan, 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Thompson, 

White, 

Whiteside— 49. 


RECONSIDERATION. 

Mr.  Williams,  of  Elmore,  gave  notice  that  on  to-mor- 
row morning  he  would  move  to  reconsider  the  vote  by 
which  the  amendment  offered  by  Mr.  Long,  of  Walker, 
was  tabled. 

Mr.  Coleman,  of  Greene,  moved  that  subdivision  1  of 
Section  5  be  adopted,  and  called  for  ])revious  quosti)n. 

ADJOURNMENT. 


On  motion  of  Mr.  Rogers,  of  Sumter,  the  Convention 
adjourned  until  0  o'clock  to-morrow  morning. 


Constitutional  Convention. 


1005 


FIFTY-NINTH  DAY. 
Convention  Hall. 
Montgomery,  Ala.,  Wednesda}^,  July  31,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  Avas  offered  by  Rev.  Mr.  Howell  of  the  Con- 
vention. 

roll  call. 

On  a  call  of  the  roll  of  the  ('onvention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum : 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barelield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 


Cornwell, 

Craig, 

Cunningham, 

Davis,   (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

I'^oster, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 


1006 


Journal  of  Alabama 


Heflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Fo^ell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

King, 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox),. 

Morrisette, 

Miirphree, 

NeSmith, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 


Parker  (Cullman),. 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

I'roctor, 

Reese, 

Robinson, 

Rogers  ( Lowndes ) , 

Rogers  ( Sumter) , 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M.,. 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

W^alker, 

Watts, 

AVeakley, 

White,  ' 

Whiteside, 

Williams  (Barbour),. 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

■^^'■1sou  (Washington)' 

Winn— 129. 


Constitutional  Convention.  1007 

leave  of  absence. 

Was  granted  to  Messrs.  Jones  of  Montgomery  for  to- 
day; Graham  of  Talladega  for  yesterday;  to  Mr.  Sentell 
this  afternoon  and  to-morrow. 

REPORT  OF  COMMITTEE  UN  THE  .KJI'RNAL. 

The  chairman  of  the  Committee  on  the  Jonrnal  sub- 
mitted   the    following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to 
report  that  they  have  examined  the  Journal  for 
the  fifty-eighth  day  of  the  Convention,  and  that  the  same 
is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chair }nan. 

RESOLUTIONS   ON    FIRST   READING. 

The  following  resolution  was  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  folows: 

Resolution  277,  by  Mr.  O'Neal,  of  Lauderdale : 

Resolved,  That  a  special  committee  of  three  be  ap- 
pointed by  the  Chair,  Avhose  duty  it  shall  be  to  ascertain 
and  report  the  'cause  of  the  delay  and  confusion  in  the 
delivery  and  distribution  of  the  mail  of  the  delegates  to 
this  Convention,  and  to  recommend  such  action  as  they 
deem  best  to  secure  a  speedy  delivery  and  distribution 
of  the  mail. 

On  motion  of  Mr.  O'Neal,  of  Lauderdale,  the  rules 
were  suspended,  and  the  resolution  was  adopted. 

APPOINTMENT  OF  COMMITTEE. 

The  President  appointed  the  following  committee, 
under  the  resolution  above  set  out :  Committee — ]Messrs. 
O'Neal  of  Lauderdale,  Pillans,  and  NeSmith. 

Resolution  278,  by  Mr.  deGraff  enried : 

Resolved,  That  the  Secretary  of  this  Convention  be 
and  he  is  hereby  instructed  to  l)uy  the  necessary  parch- 


1008  Journal  OF  Alabama 

ment  for  enrolling  the  Constitution  to  be  adopted  by 
this  Convention. 

The  resolution  was  adopted. 

Kesolutiou  279,  by  the  IJules  Committee : 

Kesolved,  That  from  and  after  the  passage  of  this 
resoluton  the  special  resolution  heretofore  introduced, 
extending  the  limit  of  debate  as  applicable  to  the  con- 
sideration of  the  report  of  the  Committee  on  Suffrage, 
be  repealed;  and  that  the  previous  rule,  limiting  each 
speech  in  the  debate  upon  amendments  to  ten  minutes 
be  again  put  in  force. 

The  resolution  was  adopted. 

Resolution  280,  by  Mr.  Long,  of  Walker : 

Be  it  ordained  that  Section  5  of  the  report  of  the 
Committee  on  Suffrage  and  Elections  be  stricken  out 
and  the  following  inserted  in  lieu  thereof: 

Sec.  5.  The  Greneral  Assembly  shall  provide  by  law 
for  the  registration  of  all  male  persons  becoming  of  age 
and  all  male  persons  who  become  citizens  of  Alabama  on 
and  after  the  first  of  January,  1903 ;  provided,  any  law 
for  registration  nmde  by  the  General  Assembly  shall 
require  all  applicants  for  registration  after  January 
1st,  1903,  to  l)e  eligible  to  register  under  all  the  require.- 
nients  made  by  Section  2  of  this  article;  provided,  the 
General  Assembly  may  make  by  law,  to  become  oper- 
ative after  January  1st,  1903,  such  other  x>rovisions  for 
registering  and  voting  not  in  conflict  Avitli  this  Consti- 
tution. 

The  resolution  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

ORDINA^'CES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Ordinance  435,  hj  Mr.  Beavers : 

To  amend  Section  3  of  Article  II  of  the  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
iState  and  County  Boundaries. 

Ordinance  436,  by  Mr.  Handley: 


Constitutional  Convention.  1009 

To  repeal  Sections  8  aud  9  on  Banks  and  Banking, 
.adopted  by  this  Convention. 

Tlie  ordinance  was  referred  to  the  Committee  on 
Banks  and  Banking. 

STENOGRAPHIC    REPORT. 

Messrs.  Bulger,  Dent  and  Long  of  Walker  called  the 
attention  of  the'  Convention    to  certain    errors    in    the 
stenographic  report  of  the  proceedings  of  yesterday. 
report  of  the  committee  on  engrossment. 

The  chairman  of  the  Committee  on  Engrossment  sub- 
mitted the  following  report : 
3Ir.  President: 

The  Committee  on  Engrossment  have  examined  and 
■compared  the  following  article,  to-wit :  Legislative  De- 
partment and  find  it  correctly  engrossed. 

Respectfully  submitted, 

Wm.  H.  Samford,  Chairman. 

Mr.  O'Neal,  of  Lauderdale,  moved  to  lay  the  entire 
article  of  Legislative  Department  on  the  table. 
Tlie  motion  was  lost. 

ordinance  on  third  reading. 

The  ordinance  ''to  create  and  define  the  Legislative 
Department"  was  taken  up,  read  a  third  time  at  length 
as  follows,  aud  adopted: 

Yeas,  115;  nays,  12. 

An  ordinance  to  create  and  define  the  Legislative 
Department. 

Be  it  ordained  by  the  people  of  Alabama,  in  Con- 
vention assembled,  that  Article  lY  of  the  Constitution 
l)e  stricken  out,  and  the  following  article  inserted  in 
lieu  thereof: 

64 


10  iO  Journal  of  Alabama^ 

ARTICLE  — 

LEGISLATIVE   DEPARTMENT. 

Section  1.  The  legislative  power  of  this  State  shall 
be  vested  in  a  Legislature,  which  shall  consist  of  a  Sen- 
ate and  House  of  Representatives. 

Sec.  2.  The  style  of  the  laws  of  this  State  shall  be : 
"Be  it  enacted  by  the  Legislature  of  Alabama/'  which 
need  not  be  repeated,  but  the  act  sluill  be  divided  into 
sections  for  convenience,  according  to  substance,  and 
the  sections  designated  mereh^  by  figures. 

Each  law  shall  contain  but  one  subject,  which  shall 
be  clearly  expressed  in  its  title,  except  general  appro- 
priation bills,  general  revenue  bills,  and  bills  adopting 
a  code,  digest,  or  revision  of  statute;  and  no  law  shall 
be  revived,  amended  or  the  provisions  thereof  extended 
or  conferred,  by  reference  to  its  title  only ;  but  so  much 
thereof  as  is  revived,  amended,  extended,  or  conferred, 
shall  be  reenacted  and  published  at  length. 

Sec.  3.  Senators  and  Representatives  shall  be  elected' 
by  the  (pialified  electors  on  Tuesday  after  the  first  Mon- 
day in  November,  11)02,  and  every  four  years 
thereafter,  unless  the  Legislature  shall  change  the  time 
of  holding  elections ;  the  terms  of  ofiice  of  the  Senators^ 
and  Representatives  shall  be  four  years,  commencing  on 
the  day  after  the  general  election,  except  as  otherwise 
provided  in  tliis  Constitution.  Whenever  a  vacancy 
shall  occur  in  either  House  the  Governor  shall  issue  a 
writ  of  election  to  fill  such  vacancy  for  the  remainder 
of  the  term. 

Sec.  4.  Senat(u-s  shall  be  at  least  twenty-five  years 
of  age,  and  Representatives  twenty-one  years  of  age; 
they  shall  have  been  citizens  and  residents  of  this  State 
for  ihviH'  years  and  i-esideuts  of  their  respective 
counties  or  disti-icts  one  year  next  Ix^fore  their 
election,  if  such  cov.nty  or  <1isti'i('t  shall  have  been 
so  long  established;  but  if  not,  then  of  the  county  or 
district  from  which  the  same  shall  have  been  taken  ;^ 
and  they  shall  reside  in  their  respective  counties  or  dis- 
tricts during  their  terms  of  service. 


Constitutional  Ccnvkntion.  1011 

Sec.  5.  The  Legislature  shall  meet  quadrenniall}-,  at 
the  Capitol  in  the  Senate  Chamber  and  in  the  Hall  of 
the  House  of  Representatives,  (except  in  cases  of  the 
destruction  of  the  Capitol,  or  epidemics,  when  tl^e  Gov- 
ernor may  convene  them  at  such  place  in  the  b^tate  as 
he  may  deem  best),  on  the  day  specified  in  this  Consti- 
tution, or  on  such  other  day  as  may  be  prescribed  by 
law;  and  shall  not  remain  in  session  longer  than  sixty 
davs  at  the  first  session  held  under  this  Constitution^ 
nor  longer  than  fifty  days  at  any  subsequent  session. 

Sec.  6.  The  pay  of  the  members  of  the  Legislature 
shall  be  |4.00  per  day,  and  10  cents  per  mile  in  going 
to  and  returning  from  the  seat  of  government,  to  be 
computed  by  the  nearest  usual  route  traveled. 

Sec.  7.  The  Legislature  shall  consist  of  not  more 
than  thirty-five  Senators,  and  not  more  than  one  hun- 
dred and  five  members  of  the  House  of  Representatives, 
to  be  apportioned  among  the  several  districts  and  coun- 
ties as  prescribed  in  this  Cooistitution ;  provided  that 
upon  the  creation  of  any  new  county,  it  shall  be  en- 
titled to  one  Representative  in  addition  to  tlie  number 
above  named. 

Sec.  8.  The  Senate,  at  the  beginning  of  each  regular 
session,  and  at  such  other  times  as  may  be  necessary^ 
shall  elect  one  of  its  members  President  thereof,  to  pre- 
side over  the  deliberations  in  the  absence  of  the  Lieuten- 
ant Governor ;  and  the  House  of  Representatives,  at  the 
beginning  of  each  regular  session,  and  at  such  other 
time  as  may  be  necessary,  shall  elect  one  of  its  mem- 
bers as  Speaker;  and.  the  President  of  the  Senate  and 
the  Speaker  of  the  House  of  Representatives  shall  hold 
their  offices  respectively  until  their  successors  are 
elected  and  qualified.  In  case  of  temporary  disability 
of  either  of  said  presiding  officers,  the  House  to  which 
he  belongs  may  elect  one  of  its  members  to  preside  over 
that  House  and  to  perform  all  the  duties  of  such  officer 
under  disability  during  the  continuance  of  the  same; 
and  such  temporary  officer,  while  performing  duty  as 
such,  shall  receive  only  the  same  compensation  to  which 
the  permanent  officer  is  entitled  by  law.     Each  House 


1012  Journal  of  Alabama 

shall  choose  its  own  officers  and  shall  judge  of  the  elec- 
tion, returns  and  qualifications  of  its  members. 

Sec.  9.  A  majority  of  each  House  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  ad- 
journ from  day  to  day  and  may  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such  pen- 
alties as  each  House  may  provide. 

Sec.  10.  Each  House  shall  have  power  to  determine 
the  rules  of  its  proceedings  and  to  punish  its  members 
or  other  persons,  for  contempt  or  disorderly  behavior 
in  its  presence;  to  enforce  the  obedience  to  its  process; 
to  protect  its  members  against  violence,  or  offers  of 
bribe  or  corrupt  solicitation ;  and  with  the  concurrence 
of  tworthirds  of  either  House,  to  expel  a  member,  but 
not  a  second  time  for  the  same  offense;  and  shall  have 
all  the  powers  necessarv  for  the  Legislature  of  a  free 
State. 

Sec,  11.  A  member  of  either  House  expelled  for  cor- 
ruption shall  not  thereafter  be  eligible  to  either  House, 
and  punishment  for  contempt  or  disorderly  behavior 
shall  not  bar  an  indictment  for  the  same  offense.- 

Sec.  12.  Each  House  shall  keep  a  Journal  of  its  pro- 
ceedings and  cause  the  same  to  be  published  immediate- 
ly after  its  adjournment,  excepting  such  parts  as,  in  its 
judgment,  may  require  secrecy;  and  the  yeas  and  nays 
of  the  members  of  either  House  on  any  question  shall, 
at  the  desire  of  one.-tenth  of  the  members  present,  be 
entered  on  the  Journal.  Any  member  of  either  House 
shall  have  liberty  to  dissent  from  or  protest  against  any 
act  or  resolution  which  he  may  think  injurious  to  the 
public,  or  an  individual,  and  have  the  reasons  for  his 
dissent  entered  on  the  Journal. 

Sec.  13.  Members  of  the  Legislature  shall,  in  all 
cases,  except  treason,  felony,  violation  of  their  oath  of 
office,  and  breach  of  the  peace,  be  privileged  from  ar- 
rest during  their  attendance  at  the  session  of  their  re- 
spective Houses,  and  in  going  to  and  returning  from  the 
same;  and  for  any  speech  or  debate  in  either  House 
they  shall  not  be  questioned  in  any  other  place. 

Sec.  14.  The  doors  of  each  House  shall  be  opened  ex- 
cept on  such  occasions  as,  in  the  opinion  of  the  House, 


Constitutional  Convention.  1013 

may  require  -secrecy,  but  no  person  shall  be  admitted  to 
the  floor  of  either  House  while  the  same  is  in  session, 
except  members  of  the  Legislature,  the  officers  and  em- 
ployes of  the  two  Houses,  the  G^overnor  and  his  secre- 
taries, representatives  of  the  press,  and  such  other  per- 
sons to  whom  either  House,  by  unanimous  vote,  may  ex- 
tend the  privileges  of  its  floor. 

Sec.  15.  Neither  House  shall,  without  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  they  may  be  sitting. 

Sec.  16.  No  Senator  or  Representative  shall,  during 
the  term  for  which  he  shall  have  been  elected,  be  ap- 
pointed to  any  office  of  profit  under  this  State,  which 
shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased  during  such  term,  except  such 
offices  as  may  be  filled  by  election  b}^  the  people. 

Sec.  17.  No  person  convicted  of  embezzlement  of  the 
puldic  money,  bribery,  perjury,  or  other  infamous  crime, 
shall  be  eligible  to  the  Legislature,  or  capable  of  hold- 
ing any  office  of  trust  or  profit  in  this  State. 

Sec.  18.  No  law  shall  be  passed  except  by  bill,  and 
no  bill  shall  be  so  altered  or  amended  on  its  passage 
through  either  House  as  to  change  its  original  purpose. 

Sec.  19.  No  bill  shall  become  a  law  until  it  shall 
have  been  referred  to  a  standing  committee  of  each 
House,  acted  upon  by  such  committee  in  session,  and 
returned  therefrom,  which  facts  shall  affiruuitively  ap- 
pear upon  the  Journal  of  each  House. 

Sec.  20.  Ever}'  bill  shall  be  read  on  three  different 
days  in  each  House,  and  no  bill  shall  beconu^  a  law,  un- 
less on  its  final  passage  it  be  read  at  length,  and  the 
vote  be  taken  by  yeas  and  nays,  the  names  of  the  mem- 
bers voting  for  and  against  the  same  to  be  entered  upon 
the  Journals,  and  a  majority  of  each  House  hv  recorded 
thereon  ?is  voting  in  its  favor,  except  as  otherwise  pro- 
vided in  this  Constitution. 

Sec.  21.  No  amendment  to  bills  shall  be  adopted  ex- 
cept by  a  majority  of  the  House  wherein  the  same  is 
offered,  nor  unless  the  amendment  with  the  names  of 
those  voting  for  and  against  the  same  shall  be  entered 
at  length  on  the  Journal  of  the  House  in  which  the 


1014  Journal  of  Alabama 

same  is  adopted,  and  no  amendment  to  bills  by  one 
House  shall  be  concurred  in  by  the  other,  unless  by  a 
vote  taken  by  yeas  and  nays,  and  the  names  of  the  mem- 
bers voting  for  and  against  the  same  be  recorded  at 
length  on  the  Journal ;  and  no  report  of  a  committee  of 
conference  shall  be  adopted  in  either  House,  except  upon 
a  vote  taken  by  yeas  and  nays,  and  entered  on  the  Jour- 
nal, as  herein  provided  for  the  adoption  of  amendments. 

Sec.  22.  The  Legislature  shall  have  no  power  to 
authorize  lotteries  or  gift  enter[>rises  for  any  purpose, 
and  shall  pass  laws  to  prohibit  the  sale  of  lotterj^  or  gift 
enterprise  tickets,  or  tickets  in  any  scheme  in  the  nature 
of  a  lottery,  in  this  State ;  and  all  acts,  or  parts  of  acts 
heretofore  passed  by  the  Legislature  of  this  StatC;, 
authorizing  a  lotterj^  or  lotteries  and  all  acts  amenda- 
tory thereof,  or  supplemental  thereto,  are  hereby 
avoided. 

Sec.  23  The  presiding  officer  of  each  House  shall, 
in  the  presence  of  the  House  over  which  he  presides, 
sign  all  bills  and  joint  resolutions  passed  by  the  Legis- 
lature, after  the  same  shall  have  been  publicly  read  at 
length  immediately  before  signing,  and  the  fact  of  read- 
ing and  signing  shall  be  entered  upon  the  Journal ;  but 
the  reading  at  length  may  be  dispensed  with  by  a  two- 
thirds  vote  of  a  quorum  present,  which  fact  shall  also 
be  entered  upon  the  Journal. 

Sec.  24.  The  Legishiture  shall  ])rescribe  by  law  the  num- 
ber,- duties  and  compensation  of  the  officers  and  employes 
of  each  House,  and  no  payment  shall  be  made  from  the 
State  Treasury  or  be  in  any  way  authorized  to  any  per- 
son except  to  an  acting  officer  or  employe  elected  or 
appointed  in  pursuance  of  law. 

Sec.  2r  Tlie  Legislature  sliall  liave  no  power  to 
grant  or  to  authorize  or  require  any  county  or  muni- 
cipal authority  1('  grj>nt,  nor  sliall  any  county  or  muni- 
ci].al  authority  have  power  to  grant  any  extra  compen- 
sation, fee  or  allowance  to  any  public  officer,  servant 
or  employee,  agent  or  contractor,  after  service  shall 
have  been  rendcied  or  contract  made,  nor  to  increase 
or  decrease  t])e  fees  and  c(nu])ensation  of  such  officers 
■during  their  term  of  office;  nor  shall  anv  officer  of  the 


Constitutional  Convention.  1015 

vState  bind  the  State  to  tlie  payment  of  any  sum  of 
money  but  by  authority  of  law,  provided  this  section 
shall  not  apply  to  allowances  made  bj^  Commissioners, 
-Courts  or  Boards  of  IJevenue  to  county  officers  for  ex 
^)'Ticio  services. 

Sec.  26.  All  stationery,  printing,,  paper  and  fuel  used 
in  the  legislative  and  other  departments  of  government 
shall  be  furnished  and  the  printing,  binding  and 
distribution  of  laws,  Journals,  department  reports 
and  all  other  printing  and  binding  and  repair- 
ing and  furnishing  the  halls  and  rooms  used 
for  the  meeting  of  the  Legislature  and  its  com- 
mittees, shall  be  performed  imder  contract,  to 
be  given  to  the  lowest  responsible  bidder  below  a  maxi- 
mum price,  and  under  such  regulations  as  shall  be  pre- 
scribed by  law ;  no  member  or  officer  of  any  department 
of  the  government  shall  be  in  any  way  interested  in  such 
contracts,  and  all  such  contracts  shall  be  subject  to  the 
iipproval  of  the  Governor,  Auditor  and  Treasurer. 

Sei-.  27.  All  l)ills  for  raising  revenue  sliall  originate 
In  the  House  of  Ivepresentatives.  Tlte  (xovernor,  Audi- 
tor and  Attorney  General  shall,  before  each  regular 
session  of  tlie  Legislature,  prepare  a  general  revenue 
bill  to  be  submitted  to  the  Legislature,  for  its  informa- 
tion, and  the  Secretary  of  State  shall  have  printed  for 
the  use  of  the  Legislature  a  sufficient  number  of  copies 
of  the  bill  so  prei)ared  which  the  Governor  shall  trans- 
mit to  the  House  of  Kepresentatives  as  soon  as  organ- 
ized, to  be  used  or  dealt  with  as  that  House  ma}'  elect. 
The  Senate  may  propose  amendments  to  revenue  bills. 
No  revenue  bill  shall  be  passed  during  the  last  five 
days  of  the  session. 

Sec.  28.  The  general  appropriation  bill  shall  em- 
brace nothing  but  appropriations  for  the  ordinary  ex- 
penses of  the  Executive,  Legislative  and  Judicial  de- 
partments of  the  State,  interest  on  the  public  debt,  and 
for  the  public  schools.  The  salary  of  no  officer  or  em- 
ploye shall  be  increased  in  such  bill,  nor  shall  any  ap- 
propriation be  made  for  any  officer  or  employe  unless 
liis  employment  and  the  amount  of  his  salary  have  al- 
ready been  provided  for  by  law.     All  other  appropria- 


1016  Journal  of  Alabama 

tions  shall  be  made  by  separate  bill,  and  each  embrac- 
ing but  one  subject. 

Sec.  29.  No  money  shall  be  paid  out  of  the  Treasure 
except  upon  appropriation  made  by  law,  and  on  war- 
rant drawn  by  the  proper  officer  in  pursuance  thereof; 
and  a  regular  statement  and  account  of  receipts  and  ex- 
penditures of  all  public  moneys  shall  be  published  an- 
nually, in  such  manner  as  may  be  by  law  directed. 

Sec.  30.  No  appropriation  shall  be  made  to  any 
charitable  or  educational  institution  not  under  the  ab- 
solute control  of  the  State,  other  than  normal  schools 
established  by  law  for  the  professional  training  of 
teachers  for  the  public  schools  of  the  State,  except  by 
vote  of  two-thirds  of  all  members  elected  to  each  House. 

Sec.  31.  No  act  of  the  Legislature  shall  authorize 
the  investment  of  any  trust  fund  by  executors,  adminis- 
trators, guardians  and  other  trustees  in  the  bonds  or 
stock  of  any  private  corporation;  and  any  such  acts 
now  existing  are  avoided,  saving  investments  hereto- 
fore made. 

Sec.  32.  The  power  to  change  tlie  venue  in  civil  and 
criminal  cases  is  vested  in  the  courts,  to  be  exercised  ia 
such  manner  as  shall  be  provided  by  law. 

See.  33.  When  the  Legislature  shall  l)e  convened  in 
special  session  there  shall  be  no  legislation  upon  sub- 
jects other  than  those  designated  in  the  proclaumtion  of 
the  Governor  calling  such  session,  except  by  a  vote  of 
two-thirds  of  each  House. 

Sec.  34.  No  State  office  shall  be  continued  or  created  for 
the  inspection  or  measuring  of  any  merchandise,  manu- 
facture or  commodity,  but  any  county  or  municipality 
mav  appoint  such  officers  when  authorized  by  law. 

Sec.  35.  No  act  of  the  Legislature  changing  the  seat 
of  government  of  the  State  shall  become  a  law  until  the 
same  shall  have  been  submitted  to  the  qualified  electors 
of  the  State  at  a  general  election,  and  approved  by  a 
majority  of  such  electors  voting  on  the  same;  and  such 
act  shall  specify  the  proposed  new  location. 

Sec.  30.  A  member  of  the  Legislature  Avho  shall  so- 
licit, demand,  or  receive,  or  consent  to  receive, 
directlv  or  indirectly,  for  himself  or  for  another,  from 


Constitutional  Convention.  lOlT 

any  company,  corporation  or  person,  any  money,  office, 
appointment,  employment,  reward,  thing  of  value,  or 
enjoyment,  or  personal  advantage  or  i^romise  thereof, 
for  his  vote  or  official  influence  or  for  Avithholding  the 
same,  or  with  an  understanding,  expressed  or  implied,, 
that  his  vote  or  his  official  action  shall  in  an  way  be  in- 
fluenced thereby;  or  who  shall  solicit  or  demand  any 
such  money  or  other  advantage,  matter  or  thing  afore- 
said, for  another  as  the  consideration  of  his  vote  or 
influence,  or  for  withholding  the  same;  or  shall 
give  or  withhold  his  vote  or  influence  in  consideration 
of  the  pa3^ment  or  promise  of  such  money,  advantage, 
matter  or  thing  to  another,  shall  be  guilty  of  bribery 
within  the  meaning  of  this  Constitution  ;  and  shall  incur 
the  disabilities  provided  thereby  for  such  offense,  and 
such  additional,  punishment  as  is  or  shall  be  provided 
by  law. 

Sec.  37.  Any  person  who  shall  directly  or  indirectly 
offer,  give  or  promise  any  money,  or  thing  of  value,  tes- 
timonial, privilege,  or  personal  advantage,  to  any  exe- 
cutive or  judicial  officer  or  member  of  the  Legislature 
to  influence  him  in  the  performance  of  any  of  his  public 
or  official  duties,  shall  be  guilty  of  bribery  and  be  pun- 
ished in  such  manner  as  shall  be  provided  by  law. 

Sec.  38.  The  offense  of  corrupt  solicitation  of  mem- 
bers of  the  Legislature  or  of  public  officers  of  this  State 
or  of  any  municipal  division  thereof,  and  any  occu- 
pation or  practice  of  solicitation  of  such  members  or 
officers,  to  influence  their  official  action,  shall  be  defined 
by  law,  and  shall  be  punished  by  fine  and  imprisonment 
in  the  penitentiary ;  and  the  Legislature  shall  provide 
for  the  trial  and  punishment  of  the  offenses  enumerated 
in  the  two  preceding  sections,  and  shall  require  the 
Judges  to  give  the  same  specially  in  charge  to  the  Grand 
Juries  in  all  the  counties  of  this  State. 

Sec.  39.  A  member  of  the  Legislature  who  lias  a  per- 
sonal or  private  interest  in  any  measure  or  bill,  pro- 
posed or  pending  before  the  Legislature,  shall  disclose 
the  fact  to  the  Committee  of  which  he  is  a  member,  and 
shall  not  vote  thereon. 


1018  Journal  of  Alabama 

Sec.  10.  In  all  elections  by  the  Legislature,  the  mem- 
bers shall  vote  riva  voce,  and  the  votes  shall  be  entered 
on  the  Journals. 

Sec.  11.  It  shall  be  the  duty  of  the  Legislature  to 
pass  such  laws  as  may  be  necessary  and  proper  to  decide 
differences  by  arbitrators,  to  be  appointed  by  the  par- 
ties, who  may  choose  that  mode  of  adjustment. 

Sec.  12.  It  shall  be  the  duty  of  the  Legislature,  at 
its  first  session  after  the  ratification  of  this  Constitu- 
tion, and  within  every  subsequent  period  of  twelve 
years,  to  make  provision  by  law  for  the  revision,  digest- 
ing- and  promulgation  of  the  public  statutes  of  this 
State,  of  a  general  nature,  both  civil  and  criminal. 

Sec.  43.  The  Legislature  shall  pass  such  penal  laws 
as  they  may  deem  expedient,  to  suppress  the  evil  prac- 
tice of  dueling. 

Sec.  11.  It  shall  be  the  duty  of  the  Legislature  to 
regulate  by  law  the  cases  in  which  deduction  shall  be 
made  from  the  salaries  of  public  officers  for  neglect  of 
duty  in  their  official  capacities,  and  the  amount  of  such 
deduction. 

Sec.  15.  It  shall  be  the  duty  of  the  Legislature  to  re- 
quire the  several  counties  of  this  State  to  make  ade- 
quate provision  for  the  maintenance  of  the  poor. 

Sec.  16.  The  Legislature  shall  not  have  power  to 
authorize  any  municipal  corporations  to  pass  any  laws 
inconsistent  with  the  general  laws  of  this  State. 

Sec.  47.  In  the  event  of  annexation  of  any  foreign 
territory  to  this  State,  the  Legislature  shall  enact  laws 
extending  to  the  inhabitants  of  the  acquired  territory 
all  the  rights  and  privileges  which  may  be  required  by 
the  terms  of  the  acquisition  not  inconsistent  Avith  this 
Constitution.  Should  the  State  purchase  such  foreign 
territory  the  Legislature,  with  the  approval  of  the  Gov- 
ernor, shall  be  authorized  to  expend  any  money  in  the 
Treasury  not  otherwise  appropriated,  and  if  necessary, 
to  provide  also  for  the  issuance  of  State  bonds  to  pay  for 
the  purchase  of  such  foreign  territory. 

Sec.  48.  The  Legislature  shall  not  tax  the  property 
real  or  personal,  of  the  State,  counties  or  other  muni- 
cipal corporations,  or  cemeteries;  nor  lots  in  incorpor- 


Constitutional  Convention.         •       1019 

ated  cities  or  towns,  or  within  one  mile  of  any  cit}^  or 
town,  to  the  extent  of  one  acre,  nor  lots  one  mile  or  more 
distant  from  such  cities  or  towns,  to  the  extent  of  five 
acres,  with  the  building.s  thereon,  when  the  same  are 
used  exclusively  for  relij^ious  worship,  for  public  schools 
or  for  purposes  pureh^  charitable. 

Sec.  49.  The  l^egislature  shall,  by  law,  prescribe  such 
rules  and  regulations  as  may  be  necessarj^  to  ascertain 
the  value  of  personal  and  real  property,  exempted  from 
sale  under  legal  process  by  this  Constitution;  and  to 
secure  the  same  to  the  claimant  tliereof  as  selected. 

Sec,  50.  The  State  shall  not  engage  in  works  of  in- 
ternal improvement,  nor  lend  money  or  its  credit 
in  aid  of  such ;  nor  sliall  the  State  be  interested  in  any 
private  or  corporate  enterprise,  or  lend  money  or  its 
credit  to  any  individual,  association  or  corporation. 

Sec.  51.  The  Legislature  shall  have  no  power  to 
authorize  any  county,  city,  town  or  other  subdivision  of 
this  State  to  lend  its  credit,  or  to  grant  public  money 
or  thing  of  value,  in  aid  of,  or  to  any  individual,  asso- 
ciation or  corporation  whatsoever,  or  to  become  a  stock- 
holder in  any  such  corporation,  association,  or  company 
by  issuing  bonds  or  otherwise. 

Sec.  54.  There  can  be  no  law  of  this  State  impairing 
the  obligation  of  contracts  by  destroying  or  impairing 
the  remedy  for  their  enforcement ;  and  the  Legislature 
shall  have  no  power  to  revive  any  right  or  remedy  which 
may  have  become  barred  by  lapse  of  time,  or  by  any 
statute  of  this  State. 

Sec.  53.  The  Legislature  shall  not  enact  any  law  not 
applicable  to  all  the  counties  in  the  State,  regulating 
costs  and  charges  of  courts,  or  fees,  commissions  or  al- 
lowances of  pul)lic  officers. 

Sec.  54.  Tlie  Legislature  shall  not  authorize  payment 
to  any  person  of  the  salary  of  a  deceased  officer  Ix^yond 
tlie  date  of  his  death. 

Sec.  55.  The  Legislature  shall  not  retire  any  officer 
on  pay,  or  part  pay,  or  make  any  grant  to  such  retiring 
officer. 

Sec.  50.  Lands  belonging  to,  or  under  the  control  of 
the  State  shall  never  be  donated  directlv  or  indirectly 


1020  Journal  of  Alabama 

to  private  corporations  or  individuals,  or  railroad  com- 
panies; nor  shall  sncli  lands  be  sold  to  corporations  or 
associations  for  a  less  price  than  that  for  which  it  is^ 
subject  to  sale  to  individuals;  provided,  that  nothing- 
contained  in  this  section  shall  prevent  the  Legislature- 
from  granting  a  right  of  way,  not  exceeding  125  feet  in 
Avidlh,  as  a  mere  easement,  to  railroads  or  telegraph  or 
telephone  lines  across  State  lands,  and  the  Legislature 
shall  never  dispose  of  the  land  covered  by  said  right  of 
way,  except  subject  to  such  easement. 

Sec.  57.  No  obligation  or  liabilit}^  of  any  person,  as- 
sociation or  corporation  held  or  owned  by  this  State, 
or  by  any  county,  or  other  municipality  thereof,  shall 
ever  be  remitted,  released,  or  postponed,  or  in  any  way 
diminished,  by  the  Legislature;  nor  shall  such  liability 
or  obligation  be  extinguished  except  by  payment  there- 
of; nor  shall  such  liability,  or  obligation  be  ex- 
changed or  transferred  except  upon  payment  of 
its  face  value;  provided,  that  this  section  shall  not  pre- 
vent the  Legislature  from  ])roviding,  by  general  law,  for 
the  compromise  of  doubtful  claims. 

Sec.  58.  No  State  or  county  official  shall,  at  any 
time  during  his  term  of  office,  accept,  either  directly  or 
indirectly,  any  fee,  money,  office,  appointment,  employ- 
ment, reward  or  thing  of  value,  or  of  personal  advan- 
tage, or  the  promise  thereof,  to  lobby  for  or  against  any 
measure  pending  before  the  Legislature,  or  to  give  or 
withhold  his  influence  to  secure  the  passage  or  defeat 
of  any  such  measure. 

^  Sec.  59.  The  Legislature  shall  never  pass  any  law  to 
authorize  en*  legalize  any  marriage  between  any  white 
person  and  a  negro  or  d(\scen(laut  of  a  negro. 

Sec.  (50.  The  Legislature  shall  provide  by  law  for  the 
regulation,  prohibition  or  reasonable  restraint  of  com- 
mon carriers,  partnerships,  associations,  trusts,  ju(r- 
nopolies  and  combinatious  of  capital  so  as  to  prevent 
them  or  either  of  them  from  making  the  articles  of  ne- 
cessity, trade  or  commerce  scarce,  or  from  increasing  un- 
reasonably the  cost  thereof  to  the  consumer,  or  prevent- 
ing reasonable  competition  in  any  calling,  trade  or 
business. 


Constitutional  Convention. 


1021 


Sec,  61.  The  Senators  and  Ivepi-escntativos  shall,  be- 
fore entering  on  their  official  duties,  take  the  following 

oath,  to-wit:  '^I,  ,  do  solemnly  swear   (or 

affirm,  as  the  case  may  be),  that  I  will  support  the  Con- 
stitution of  the  United  States  and  the  'Constitution  of 
the  State  of  Alabama  to  the  Isest  of  my  a])ility,  so  help 
me  God." 

Sec.  (52.  If  at  any  time  it  should  become  impossible  or 
dangerous  for  the  Legislatui-e  to  meet  or  remain  at  the 
Capitol,  or  for  the  Senate  to  meet  or  remain  in  the  Senate 
chamber,  or  for  the  Representatives  to  meet  or  remain 
in  the  hall  of  the  Representatives,  the  Governor  may 
convene  the  Legislature  or  remove  it  after  it  has  con- 
vened, to  some  other  place,  or  may  designate  some  other 
place  for  the  sitting  of  the  respective  houses  or  either 
of  them,  as  necessity  may  require. 


YEAS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Carmichael  (Colbert), 

Carmichael  ( Coffee ) , 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwall, 


Craig, 

Cunningham, 

Davis  (Etowah), 

Dent, 

deGraff'enried, 

Duke, 

Eley, 

Eyster, 

Fitts, 

Fletcher, 

Gilmore, 

(if  lover, 

Graham  (Montgomery), 

Graham  ( Talladega ) , 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 


1022 


Journal  of  Alabama 


Hefliii  (Randolph), 

Hendersou, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Lomax, 

Lowe  (Jefferson), 

Macdonald, 

Mc:\[illan  (Wilcox), 

Martin, 

iNIaxwell, 

Merrill, 

Miller  (Wilcox), 

Morrisette, 

Mulkey, 

]Mnrphree, 

NeSniith, 

Norwood, 

Gates, 

O'Neal  (Lauderdale) 

O'Neill  (Jefferson), 

O'Rear, 

Palmer, 

Parker  (Cnllnian), 

Parker  (Elmore), 


]\ressrs.  Bartlett,, 

Brooks, 

Byars, 


Pearce, 

Peltiis, 

Pi  Hans, 

Pitts. 

Proctor, 

K(  ese. 

Reynolds  (Henry), 

f.vobinson, 

Rogers   (  Lowndes ) , 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

S('l!u'iiuej', 

Sentell, 

Smith  (Mobile), 

^'iiLiiii.  ]Mac.  A., 

Smith,  Morgan  M. 

Sorrell, 

Sprai^ins, 

Tayloe, 

Thompson, 

Yaiighan, 

Waddell, 

AA'alker, 

AA'eaklcy, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  ( Marengo ) ,. 
AVilliams  (Elmore), 
Wilson  (Clarke), 

AVilson  (Washington), 

Winn— 1L5. 


NAYS. 


Cardon, 

Gofer, 

Fosliee, 


Constitutional  Convention.  1023 

Moody,  Reynolds  (Chilton), 

Phillips,  Sollie, 

Porter,  Spears — 12. 

RECONSIDERATION. 

Mr.  Sauford  gave  notice  that  on  to-morrow  he  Avould 
move  to  reconsider  the  vote  by  which  the  article  of  the 
repoi-t  of  the  Committee  on  Legislative  Department 
was  adopted. 

STENOGRAPHIC    REPORT. 

Mr.  White  called  the  attention  of  the  Convention  to 
Certain  errors  in  the  stenographic  report  of  the  pro- 
ceedings of  last  Friday. 

The  report  was  ordered  corrected. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  nnfinished  bnsiness,  which  was  the  report  of  the 
Committee  on  Suffrage  and  Elections. 

The  question  was  upon  the  adoption  of  the  first  para- 
graph iif  Section  5  of  the  aiticle  of  the  report  of  the 
Comnuttee  on  Suffrage  and  Elections. 

On  motion  of  Mr.  Coleman,  of  (Ireene,  the  first  para- 
graph was  adopted. 

Mr.  Samford  offered  the  following  amendment  to  the 
first  subdivision  of  Section  5 : 

Amend  first  subdivision  of  Section  5  by  inserting  after 
the  word  "work"  in  the  eighth  line  of  said  section,  the 
following:  '^\nd  who  are  dependent  on  their  labor  for 
sujiport." 

Mr.  Beddow  offered  the  following  substitute  for  the 
amendment  of  Mr.  Samford: 

Amend  Section  5  by  striking  out  all  the  words  after 
the  word  "language"  in  the  seventh  line,  to  and  includ- 
ing the  word  "register"  in  the  ninth  line. 

By  unanimous  consent  the  word  "regularly"  in  the 
eighth  line  of  the  first  subdivision  before  the  word  "en- 


1024  Journal  of  Alabama 

gaged-'  and  after  the  word  "been"  was  stricken  out. 

Mr.  Coleman,  of  Greene,  moved  to  table  the  substitute 
offered  by  Mr.  Beddow. 

The  motion  prevailed,  and  the  substitute  of  Mr.  Bed- 
dow was  laid  upon-  the  table. 

Mr.  Cobb  offered  the  following  amendment  to  Section 
5  of  subdivision  1,  which  was  adopted  by  unanimous 
consent : 

Amend  by  inserting  after  the  word  ''lawful"  in  the 
eighth  line  of  the  first  subdivision  of  Section  5,  the  word 
"employment." 

Mr.  Pillaus  offered  the  following  substitute  for  the 
amendment  of  Mr.  Sam  ford  : 

Amend  the  first  subdivision  of  Section  5  by  adding 
after  the  word  "calling"  in  the  ninth  line  and  before 
the  word  "for"  the  following  words,  "so  far  as  he  has 
been  able  with  diligence  to  procure  the  same." 

Mr.  Coleman,  of  Greene,  moved  to  table  the  amend- 
ment offered  by  Mr.  Samford,  and  the  substitute  offered 
by  Mr.  Pillans  for  the  amendment  offered  by  Mr.  Sam- 
iord. 

A  division  of  the  question  was  demanded. 

The  question  recurred  upon  the  motion  to  table  the 
substitute  for  the  amendment  offered  by  Mr.  Pillans. 

The  motion  prevailed  and  the  substitute  was  laid 
upon  the  table. 

The  question  recurred  upon  the  motion  to  table  the 
amendment  offered  by  Mr.  Samford. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table. 

Mr.  Beddow  offered  the  following  amendment  to  sub- 
-division  1,  Section  5  of  the  article  on  Suffrage  and 
Elections : 

Amend  subdivision  first  of  Section  5  by  inserting 
after  the  word  "register"'  in  line  nine,  the  words:  "Pro- 
vided this  subdivisiou  shall  not  a]>ply  to  persons  tempor- 
arily unemployed,  pending  a  strike  or  disagreement  with 
their  employers." 

Mr.  Coleman,  of  Greene,  moved  to  table  the  amend- 
ment of  Mr.  Beddow. 

Tlie  motion  to  table  was  lost :  Yeas,  66 ;  nays,  69. 


Constitutional  Convention. 


1025 


YEAS. 


-Messrs.  Ashcraft, 

Kyle, 

Barefield, 

Leigh, 

Bethiine, 

Lomax, 

Browne, 

McMillan  (Wilcox), 

Bulger, 

Merrill, 

Burnett, 

Miller  (Wilcox), 

Carnathon, 

Morrisette, 

■Chapman, 

NeSmith, 

Cobb, 

Norwood, 

Coleman  (Greene), 

O'Neal  (Lauderdale), 

Coleman  (Walker), 

Opp, 

Corn  well, 

O'Rear, 

Craig, 

I*aluier, 

Dent, 

Parker  (Cullman), 

deGraffenried, 

Pearce, 

Eley, 

Pitts, 

Fletcher, 

Reynolds  (Henry), 

Glover, 

Rogers  (Lowndes), 

Gr-iliam  ( Talladega) . 

Rogers  (Sumter), 

'Grant, 

Samford, 

Greer  (Calhoun)., 

Sanders, 

Handley, 

Searcy, 

Harrison, 

Sentell, 

Henderson, 

Smith  (Mobile), 

Hinson, 

Smith,  Morgan  M., 

Hood, 

Spragins, 

Howze, 

Tavloe, 

Inge, 

Waddell, 

Jenkins, 

A'^'alker, 

Jones  (Hale), 

Watts, 

Jones  (Wilcox)., 

Weakley, 

Kirkland, 

Williams   (Barbour), 

Xnight, 

Wiun — 66. 

65 


1026 


Journal  of  Alabama 


NAYS. 


Messrs.  President, 

Altman, 

Banks, 

Bartlett, 

Beavers, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Biu'us, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Cunningham, 

Davis,   (Etowah), 

Duke, 

Fitts, 

Foshee, 

Foster, 

Gilmore, 

Graham  (Montgomery), 

Grayson, 

Greer  (Perry), 

Haley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hodges, 

Howell, 

Jackson, 

Jones  (Bibb), 

Kirk, 

Ledbettr!. 

Long  (Butler), 

Long  (Walker), 


Lowe  (Jefferson), 

MacdoBald, 

Martin, 

Maxwell, 

Moody, 

Mulkey, 

.Murphree, 

Gates, 

O'Neill,  (Jefferson),. 

Parker  (Elmore), 

Pettus, 

Phillips, 

Pi  Hans, 

Porter, 

Kcese, 

Renfro, 

Reynolds  (Chilton),. 

Robinson, 

Sanford, 

Selheimer, 

Sloan, 

Smith,  ^Lic.  A. 

Sollie, 

Sorrell, 

Spears, 

Thompson, 

Vaughan, 

^A>nt  herly, 

White, 

Whiteside, 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (  Washington) — 00. 


^[v.  Graham,  of  :Monti;()mery,  offered  the  following- 
amendment  to  the  amendment  offei-ed  by  ^[r.  Beddow : 

Amend  amendment  by  striking  out  the  words  "pend- 
ing a  strike  or  disagreement  with  their  employers." 


Constitutional   Convention.  1027 

On  motion  of  ^Ir.  Coleman,  of  Greene,  subdivision  1, 
togetlier  with  the  pending  amendments,  were  recommit- 
ted to  the  Committee  on  Suffrage  and  Elections, 

Subdivision  2  of  Section  5  was  thereupon  taken  up. 

Mr.  Samford  offered  the  following  amenduK^nt  to  sub- 
division 2  of  Section  5 : 

Amend  the  report  of  the  Committee  on  Suffrage  and 
Elections  bv  striking  out  the  second  subdivision  of  Sec- 
tion 5  of  said  report. 

The  amendment  of  Mr.  Samford  was  lost. 

Subdivision  2   was  thereupon  adopted. 

^Ir.  Sollie  offered  the  following,  to  constitute  a  new 
subdivision  to  Section  5  : 

Amend  Section  5  by  adding  at  end  following  subdivi- 
sion : 

Thii'd — Those  wlio  reach  the  age  of  21  years  after 
January  1;  1903,  and  before  the  first  day  of  January, 
1905,  and  who  are  persons  of  good  character  and  who 
understand  the  duties  and  obligations  of  citizenship 
under  a  republican  form  of  government.  "Rut  no  one 
shall  register  under  this  subdivision  after  January  1, 
1905." 

Mr.  Sollie  offered  the  following  substitute  for  the 
amendment  offered  by  himself: 

Amend  Section  5  by  adding  at  the  end  the  following 
subdivision  : 

Third- — Those  who  reach  the  age  of  21  years  after 
January  1,  1903,  and  before  the  first  day  of  January, 
1905,  and  who  are  lawful  descendants  of  persons  who 
honorably  served  in  the  land  or  naval  forces  of  the 
United  States  in  the  war  of  the  American  devolution, 
or  in  the  war  of  1812,  or  in  the  war  with  Mexico,  or  in 
any  war  with  the  Indians,  or  in  the  war  between  the 
States,  or  in  the  land  or  naval  forces  of  the  Confederate 
State,  or  of  the  State  of  Alabama,  in  the  war  between 
the  States,  or  who  are  persons  of  good  character  and 
who  understand  the  duties  and  obligations  of  citizenship 
under  a  republicau  form  of  government.  But  no  one  shall 
register  under  this  subdivision  after  January  1,  1905. 


1028 


Journal  of  Alabama 


RECESS. 

The  bom-  of  1  o'clock  p.  m.  arrived,  and  under  the 
rules  the  Convention  recessed  until  3  :30  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum : 


Messrs.  President, 

Coleman  (Walker), 

Altman, 

Cornwell, 

Ashcraft, 

Craig, 

Banks, 

Cunningham, 

Barefield, 

Davis  (Etowah), 

Bartlett, 

Dent, 

Beavers, 

deGraffenried, 

Beddow. 

Duke, 

Bethune, 

Eley, 

Blaekwell, 

Eyster, 

Boone, 

Espy, 

Brooks, 

Ferguson, 

Browne, 

Fitts, 

Bulger, 

Fletcher, 

Burnett, 

Foshee, 

Burns, 

Foster, 

Byars, 

Freeman, 

Carmichael  ( Colbert) , 

Gilmore, 

Oarmichael  (Coffee), 

Glover. 

Carnathon, 

Graham  (Montgomery), 

Chapman, 

Graham  ( Talladega ) , 

Cobb, 

Grant, 

Cofer, 

Grayson, 

Coleman  (Greene), 

Greer  (Calhoun), 

Constitutional  Convention. 


1029 


Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  ( Randolph ), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

MeMillan  (Wilcox), 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Morrisette, 


Mulkey, 
Murphree, 
NeSmith, 
Norman, 
Norwood, 
Gates, 

G'Neal  (Lauderdale), 
G'Neill  (JefPerson), 
Gpp, 
G'Rear, 
Palmer, 

Parker  (Cullman),. 
Parker  (Elmore), 
Pearce, 
Pettus, 
PhillipSy 
Pi  Hans,, 
Pitts, 
Porter, 
Proctor, 
Reese, 
Renfroe, 

Reynolds  (Chilton), 
Reynolds  (Henry), 
Robinson, 
Rogers  (Lowndes), 
Rogers  (Sumter), 
Sam  ford, 
Sanders, 
Sauford, 
Searcy, 
Selheimer, 
Sentell, 
Sloan, 

Smith  (Mobile), 
Smith,  Mac.  A. 
Smith,  Morgan  M., 
Sollie,. 


1030  Journal  of  Alabama 

Sorrell,  Weatherly, 

Spears,  White, 

Spragins,  Whiteside, 

Tayloe,  WiJliams  (Barbour), 

Thompson,  Williams  (Marengo), 

Vaughan,  Williams  (Elmore), 

Waddell,  Wilson  (Clarke), 

Walker,  Wilson  (Washington), 

Watts,  Winn— 144. 

Weakley, 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Suffrage  and  Elections. 

The  question  was  upon  the  adoption  of  the  substitute 
offered  l)v  Mr.  Sollie  for  the  amendment  offered  bv  him- 
self. 

The  substitute  offered  by  ]Mr.  Sollie  was  lost. 

The  question  then  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Sollie. 

The  amendment  offered  by  Mr.  Sollie  was  lost. 

Section  5,  as  amended,  was  thereupon  adopted,  with 
the  exception  of  subdivision  1,  which  was  recommitted 
to  the  Committee  on  Suffrage  and  Elections. 

SECTION   SIX. 

Was  read  at  length  as  follows : 

Sec.  0.^ — The  following  pei'vSons  shall  be  disqualified 
both  f]'om  registering  and  from  voting,  namely : 

All  idiots  and  insane  persons;  those  who  sliall,  by 
reason  of  conviction  of  crime,  be  disqualified  from  vot- 
ing at  the  time  of  the  ratification  of  this  Constitution; 
and  those  who  shall  be  convicted  of  treason,  murder, 
arson,  embezzlement,  malfeasance  in  office,  larceny,  re- 
ceiving stolen  proiierty,  obtaining  property  or  money 
under  false  pretenses,  perjury,  subornation  of  perjury, 
robbery,  assault  with  intent  to  rob,  burglary,  forgery, 


Constitutional  Convention.  1031 

bribery,  assault  and  battery  on  the  wife,  bigamy,  living 
in  adultery,  sodomy,  incest,  rape,  miscegenation,  crime 
against  nature,  or  any  crime  punishable  by  imprison- 
ment in  the  penitentiary,  or  of  any  infamous  crime  or 
-crime  involving  moral  turpitude;  also,  any  person  who 
shall  be  convicted  as  a  vagrant  or  tramp,  or  of  selling 
or  offei'ing  to  sell  his  vote  or  the  vote  of  another,  or  buy- 
ing or  offering  to  buy  the  vote  of  another  in  any  election 
by  the  people  or  in  any  primary  election  or  to  procure 
the  nomination  or  election  of  any  person  to  any  office, 
■or  of  suborning  any  witness  or  registrar  to  secure  the 
registration  of  any  person  as  an  elector. 

]Mr.  I'orter  ottered  the  folloAving  amendment  to  Sec- 
lion  6: 

Amendment  to  Section  G,  on  page  8,  on  Suft'rage,  by 
Mr.  Porter: 

Amend  Section  6  at  the  end  of  the  fifteenth  line  by 
adding :  "Or  any  elector  who  registers  for  another,  or 
who  registers  more  than  once;  and  any  registrar  who 
-enters  the  name  of  any  elector  on  the  list  of  registered 
voters  without  such  elector  makes  application  in  per- 
son and  under  oath,  on  a  fonu  provided  for  that  pur- 
pose; or  who  knowingly  registers  any  person  more  than 
once;  or  who  knowingly  enters  a  name  upon  the  regis- 
tration list  as  a  registered  voter  when  no  one  of  that 
name  applied  to  register. 

On  motion  of  Mr.  Coleman,  of  Greene,  the  amend- 
ment of  Mr.  Porter  was  laid  upon  the  table. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 6 : 

Amend  Section  6  by  inserting  in  the  thirteenth  line, 
«,fter  the  words  "primary  election,"  the  words  "or  in 
any  nominating  convention  or  mass  meeting" ;  anrl  also 
by  adding  at  the  end  of  the  fifteenth  line,  "or  to  pre- 
vent the  registration  of  any  person  as  an  elector." 

The  amendment  offered  by  Mr.  Sanford  was  lost. 

Mr.  Proctor  offered  the  following  amendment  to  Sec- 
tion 6 : 

Amend  Section  6  by  inserting  in  line  twelve,  after 
the  word  "another,"  the  words  "or  making  or  offering 
to  make  a  false  return." 


1032  Journal  of  Alabama 

Mr.  Eeese  moved  to  table  the  amendment  offered  hy 
Mr.  Proctor. 

The  motion  to  table  was  lost. 

The  question  recurred  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Proctor. 

The  amendment  offered  by  Mr.  Proctor  was  adopted. 

Section  6,  as  amended,  was  adopted, 

RECONSIDERATION.. 

Mr.  O'Neal,  of  Lauderdale,  gave  notice  that  on  to- 
morrow he  would  uiftve  to  reconsider  the  vote  by  whicli 
Section  6  was  adopted. 

RECONSIDERATION.. 

The  Convention  proceeded  to  the  consideration  of  the 
motion  to  reconsider  the  vote  hj  which  Sections  1  and 
2  were  adopted ;  said  motions  of  reconsideration  having 
been  heretofore  postponed  until  disposition  of  Sectioni 
6. 

The  question  recurred  upon  the  motion  to  reconsider- 
the  vote  by  which  Section  1  was  adtqited. 

Mr.  Cunningham  moved  to  lay  the  motion  to  recon- 
sider upon  the  table. 

The  motion  was  lost :  Yeas,  53 ;  nays,  69. 

YEAS. 

Messrs.  Beddow,  Eley, 

Bethune,  Fitts, 

Blackwell,  Foshee, 

Brooks,  Foster, 

Browne,  Gilmore, 

Burnett,  Graham  (Montgomery),. 

Carmichael  (Colbert),  Haley, 

Carmichael  (Coffee),  Heflin  (Chambers), 

Cobb,  Hinson, 

Cunningham,  Hodges, 

Davis  (Etowah),  Jenkins, 

Duke,  Jones  (Bibb),. 


Constitutional  Convention. 


103a- 


Kirk, 

Rogers  (Lowndes), 

Leigh, 

Searcy, 

Lomax, 

Sellieimer, 

Long  (Walker), 

Smith,  Mae.  A., 

Macdonald, 

Smith,  Morgan  M., 

Martin, 

Sorrell, 

Merrill, 

Spragins, 

Murphree, 

Thompson, 

Parker  (Cullman), 

Vaughan, 

Parker  (Elmore), 

Weatherly, 

Pettus, 

White, 

Pillans, 

Whiteside, 

Porter, 

Wilson  (Clarke), 

Proctor, 

Wilson  (Washington 

lievnolds   (Henry), 

nays. 

Messrs.  President, 

Grayson, 

Altman, 

Greer  (Calhoun), 

Ashcraft, 

Greer  (Perry), 

Banks, 

Handley, 

Barefield, 

Heflin  (Randolph), 

Bartlett, 

Henderson, 

Boone, 

Flood, 

Bulger, 

Howell, 

Burns, 

Howze, 

Byars, 

Inge, 

Cardon, 

Jackson, 

Carnathon, 

•Tones  (Wilcox), 

Chapman, 

Knight, 

Coleman  (Greene), 

Kyle, 

Coleman  (Walker), 

Ledbetter, 

Cornwell, 

Lowe  (Jefferson), 

Craig, 

Lowe  (Lawrence), 

Dent, 

McMillan  (Wilcox)^ 

deGraffenried, 

Maxwell, 

Fletcher, 

^n-ller  (Wilcox), 

Glover, 

Moody, 

Graham  (Talladega), 

Morrisette, 

Grant, 

Gates, 

-53. 


1034 


Journal  of  Alabama 


O'Neal  (Lauderdale), 

O'Rear, 

Palmer, 

Pearce, 

Phillips, 

Pitts, 

K'Cese, 

Eenfro, 

Robinson, 

Samford, 

Sanders, 

Sant'ord, 


Sloan, 

Smith   (Mobile), 

Spears, 

Tayloe, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Williams  (Barbour), 

Williams  (Elmore), 

AAlnn— 69. 


The  question  recurred  upon  the  motion  to  reconsider 
Section  1. 

The  section  was  reconsidered. 

Mr.  Coleman,  of  Greene,  moved  that  the  vote  by  which 
the  amendments  to  Section  1  were  adopted  be  recon- 
sidered. 

The  motion  to  reconsider  was  lost :  Yeas,  56 ;  nays,  63. 


YEAS. 


Messrs.  President, 
Altman, 
Banks, 
Barefield, 
Byars, 
Cardon, 
Carnathon, 
Coleman  (Greene). 
Coleman  (Walker), 
Cornwell, 
Dent, 

deGraffenried, 
Fletcher, 
Glover, 

Graham  (Talladega), 
Grant, 
Grayson, 
Greer  (Calhoun), 
<jreer  (Perry), 


Handley, 

Henderson, 

Hood, 

Howze, 

Inge, 

•lones  (Wilcox), 

Knight, 

Kyle, 

Led  better, 

Lowe  (Lawrence), 

^IcMillan  (Wilcox), 

Miller  (Wilcox) 

Moody, 

Morrisette, 

NeSmith, 

Gates, 

O'Neal  (Lauderdale), 

O'Rear, 

Palmer. 


COXSTITUTIONAL  CONVENTION. 


1035 


Pearce, 

Pitts, 

Proctor, 

Keese, 

llentvo, 

I\obinsoii, 

P  ogers  ( Lowndes ) , 

Samford, 

Stmford, 


jMessrs.  Beavers, 
Beddow, 
JBethune, 
Blackwell, 
Brooks, 
Browne, 
Burnett, 
Burns, 

Carmicliael   (Colbert), 
Carmichael  (Coffee), 
Chapman, 
Cobb, 
Cofer, 

('Tinningiiani., 
Davis  (Etowah)., 
Dulve, 
Eley, 
>"itts, 
Foshee, 
Foster, 

Graliam  ( Montgomery ),, 
naley, 

Heflin  (Chambers), 
Heflin  (Randolph), 
Hodges, 
Jackson, 
Jenkins, 
Jones  (Bibb)., 
Kirk, 
Kirkland, 
Leigh, 
fjoniax. 


Sloan, 

Smith  (Mobile), 

Spears, 

Tayloe, 

Waddell, 

Walker, 

Williams  (Barbour), 

Williams  (Elmore), 

Winn— ."iO. 

JSIAYS. 

Long  (Walker), 
Lowe  (Jefferson), 
-Macdouaid, 
Martin, 
Maxwell, 
Merrill, 
Murphree, 
Parker  (Cullman), 
Parker  (Elmore), 
Pettus, 
Phillips, 
Pillans, 
L'orter, 

Reynolds  (Henry), 
Sanders, 
Searcy, 
Selheimer, 
Smith,  Mac.  A. 
Smith,  Morgan  M., 
Sorrell, 
Spragins, 
Thompson, 
Vaughan, 
W^atts, 
Weakley, 
Weatherly, 
White, 
^AHiiteside, 

Williams  (Marengo), 
Wilson  (Clarke), 
Wilson  ( Washington )  —63. 


1036  Journal  of  Alabama 

pairs  announced. 

The  following  pairs  were  anuoimced  : 

Messrs.  Booue  and  Proctor;  Craig  and  Freeman. 
Messrs.  Boone  and  Craig  would  vote  are;  and  Messrs. 
Pr'octor  and  Freeman  would  vote  nay. 

The  (iiiestion  recurred  upon  the  adoption  of  Section  1. 

Section  1,  as  amended,  was  again  adopted. 

RI<:CONSIDERATION. 

Mr,  O'Neal,  of  Lauderdale,  moved  to  reconsider  the 
vote  b}'  which  Section  1  was  adopted,  which  uu)tion  goes 
over  until  to-morrow. 

Mr.  Cunningham  raised  the  point  of  order  that  the 
motion  of  Mr.  O'Xeal,  of  Lauderdale,  was  out  of  order. 
■  The  point  of  order  was  sustained. 

Thereupon  Mr.  O'Neal,  of  Lauderdale,  appealed  from 
the  decision  of  the  Chair. 

The  Chair  was  unanimously  sustained. 

SECTION  SEVEN. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  7. — No  person  shall  be  qualified  to  A^ote  or  parti- 
cipate in  any  primary  election,  party  convention,  mass 
meeting,  or  other  method  of  party  action  of  an}-  politi- 
cal party  or  faction,  who  shall  not  possess  the  qualifica- 
tions prescribed  in  this  article  for  an  elector,  or  who 
shall  be  disqualified  under  the  provisions  of  this  article 
from  voting. 

SECTION  EIGHT. 

Was  read  at  length  as  follows,  and  a(lo]>ted  : 
Sec.  8. — No  person,  not  registered  and  (qualified  as 
an  elector  under  the  provisions  of  this  article  shall  vote 
at  any  State,  county  or  munici])al  election,  general,  lo- 
cal or  special,  held  subsequent  to  the  general  election 
in  1902;  but  the  provisions  of  this  article  shall  not  ap- 
plv  to  anv  election  hehl  prior  to  the  general  election  in 
1902. 


•Constitutional  Convention.  1037 

section  nine. 

AYas  read  at  length  as  follows : 

Sec.  9. — Any  elector  whose  right  to  vote  shall  be 
.challenged  for  any  legal  cause  before  an  election  officer 
shall  be  rc(iiured  to  swear  or  affirm  tliat  the  matter  of 
the  challenge  is  untrue  before  his  vote  shall  be  received, 
and  any  one  who  wilfully  swears  or  affirms  falsely  there- 
to shall  be  guilt}'  of  perjury. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 9 : 

Amend  Section  9  by  adding  at  the  end  of  said  Sec- 
tion the  following,  viz. : 

The  name  of  each  elector  whose  ballot  has  been  re- 
ceived, must  immediatelj'^  be  taken  down  by  the  clerks 
of  election  on  separate  lists,  which  shall  be  headed 
"Names  of  Voters"  and  called  poll  lists;  and  the  num- 
ber of  the  order  in  whieli  each  elector  votes  must  be  at 
the  same  time  entered  by  the  clerks  against  his  name. 

On  motion  of  Mr.  deGratteiiried  the  amendment  of- 
fered by  Mr.  Sauford  was  laid  upon  the  table. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 9 : 

Amend  Section  9  by  adding  at  the  end  of  said  section 
the  following,  viz. : 

The  name  of  each  elector  whose  ballot  has  been  re- 
ceived must  immediately  be  taken  down  by  the  clerks  of 
election  on  separate  lists,  which  shall  be  headed  "Names 
of  Voters,"  and  called  poll  lists ;  and  the  number  of  the 
order  in  which  each  elector  votes  must  at  the  same  time 
be  entered  b}^  the  clerks  against  his  name;  and  the  vote 
shall  be  numbered  as  the  name  of  the  voter  is  numbered. 

Mr.  O'Neal,  of  Lauderdale,  moved  to  refer  the  amend- 
ment of  Mr.  Sanford  to  the  Committee  on  Suffrage  and 
Elections. 

Mr.  deOraft'enried  moved  to  table  the  motion  of  Mr. 
O'Neal,  of  Lauderdale. 

The  motiou  prevailed. 

Mr.  deOi'affonried  moved  to  table  the  amendment  of- 
fei'ed  bv  Mv.  Sanford. 


1038  Journal  of  Alabama 

The  motion  prevailed,  and  the  amendment  was  laid" 
upon  the  table. 

jMr,  Robinson  moved  to  strike  out  Section  9. 

On  motion  of  Mr.  Kirkland,  the  motion  of  ^h\  Robin- 
son was  laid  npon  the  table. 

On  motion  of  ^fr.  Coleman,  of  Greene,  Section  9  was 
adopted. 

SECTION  TEN, 

Was  taken  np,  and  on  motion  of  Mr.  Fitts  was  ordered, 
considered  by  subdivisions. 

ADJOURNMENT. 

On  motion  of  Mr.  Coleman,  of  Greene,  the  Convention' 
adjourned  until  9  o'clock  to-morrow  mornins:. 


SIXTIETH  DAY. 
Convention  Hall. 

Montgomery,  Ala.,  Thursday,  August  1,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  ottered  by  Rev.  ^Ir.  Lamar  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following: 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  I>cddow. 

Almon,  Betlume, 

Altinan,  Rlackwell, 

Ashcraft,  Boone, 

Barefielci,  Hi'ooks, 

Bartlett,  Browne, 

Beavers,  .                       Bulger, 


Constitutional  Convention. 


lOSO* 


Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmicliael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker),. 

Cornwell, 

Craig, 

Cnnningham, 

Davis  (Etowah), 

Dent, 

deGraffenried,. 

Duke, 

Elej, 

Eyster, 

Ferguson, 

Fitts, 

I'letcher, 

Foshec, 

Foster, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Haudley, 

Harrison, 

Heflin  (Chambers), 

Hefilin  (Randolph),. 

Heuderson, 

Hinson, 

Hodges, 


Hood, 

Howell, 

Llowze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  ( Butler  )y 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

IMaedonald, 

McMillan  (Baldwin),, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morri.iette, 

Murphree, 

NeSmith, 

Norman, 

Gates, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Penrce, 

Pettus, 


1040 


Journal  of  Alabama 


Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Renfro, 

^Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanford, 

Searcy, 

Selheimer, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 


Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Tayloe, 

Thompson, 

Vaiighan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

White, 

Whiteside, 

Willett, 

Williams  (Barbour), 

Williams  (Marengo), 

AVi  Ilia  ins  (Elmore), 

Wilson  (Clarke). 

Winn— 134. 


LEAVE  OF  ABSENCE 

Was  granted  to  Messrs.  Proctor  indefinitely,  and  to 
Mr.  Hassan,  door  keeper,  for  to-morrow  and  Saturday; 
deOraffenried  for  to-morrow,  Saturday  and  Monday; 
Norwood  to-day;  Gilmore  for  to-day,  Friday  and  Satur- 
day; Ferguson  for  to-day  and  to-morrow;  Judge  Cole- 
man for  to-day  and  until  Tuesday;  Grayson  for  to-mor- 
row and  Saturdav. 


REPORT  OF  COMMITTEE  OX  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted   the    following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to 
report  that  they  have  examined  the  Journal  for 
the  fifty-ninth  day  of  the  Convention  and  that  the  same 
is  correct. 

Res]>ectfully  submitted, 

John  F.  Proctor,  Chairman. 


Constitutional  Convention.  1041 

resolutions  ox  first  reading. 

The  followiug  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  ax^propriate  com- 
mittees, as  follo^^'s : 

Kesolution  281,  b}'  Mr.  Chapman : 

AMiereas,  the  woric  of  this  Convention  has  progressed 
to  such  an  extent  that  the  earh'  completion  of  its  labor 
may  be  confidently  looked  forward  t(j ; 

Therefore,  be  it  resolved.  That  the  Committee  on  Rules 
be  directed  to  ascertain  and  report  to  the  Convention  as 
€arly  a  date  as  practicable  when  a  day  may  be  fixed  for 
the  final  adjournment  of  this  Convention. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  282,  l)y  Mr.  ^A'illiams,  of  Elmore : 

In  order  that  the  full  and  complete  text,  report  and 
proceedings  of  this  Convention  nmy  be  had  by  each  and 
every  member  of  this  ("onvention,  and  l)y  the  State 
authorities,  as  hereto  provided; 

Be  it  resolved  by  this  Convention  that  the  !S(H-retary 
hereof  be  required  to  furnish  to  the  printers  of  the 
^'Official  Reports  of  the  Proceedings  of  the  (Constitution- 
al Convention  of  Alabama"  the  proceedings  of  tlie  first, 
second  and  third  days  of  this  Convention,  and  order 
1,000  copies  theveof  to  be  printed  in  like  form  and- size 
as  the  stenographic  reports,  and  to  be  likewise  dis- 
tributed. 

The  resolution  was  referred  to  the  Committee  on 
Ixules. 

By  unanimous  consent  ^Ir.  Heflin,  of  Randolph,  chair- 
man, submitted  the  following  report  from  the  Committee 
on  Schedule  Printing  and  Incidental  Expenses,  which 
v-Ts  read  one  time,  laid  on  the  tahle  and  300  copies  of 
the  same  ordered  printed. 

REPORT  OF  THE  COMMITTEE  ON  SCHEDULE       PRINTING  AND 
INCIDENTAL  EXPENSES. 

The  Committee  on  Schedule,  Printing  and  Incidental 
Expenses  instructs   me  to  report   resolution   No.   188, 

66 


1042  Journal  of  Alabama 

with  a  substitute,  which  substitute  the  committee  recom- 
mends be  adopted. 

John  T.  Heflix^  Chulnnan.. 

Resolution  188,  by  Mr.  Carmichael,  of  Cottee: 

Be  it  resolved.  That  the  Secretary  of  State  is  here- 
by authorized  and  instructed  to  contract  for  the  print- 
ing and  binding  of  1,000  copies  of  the  Journal  of  this^ 
Convention. 

Be  it  further  resolved.  That  the  printing  and  binding 
shall  be  done  in  the  same  manner  and  under  the  same 
law  as  that  of  the  House  and  Senate  Journals,  and  that 
the  printing  and  binding  shall  he  paid  for  out  of  the 
State  appropriation  for  printing  and  binding. 

The  resolution  was  referred  U)  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 

Eesolution  .  . ,  by  Mr.  Carmichael,  of  Coffee : 

Substitute  for  resolution  188 : 

A  resolution  to  provide  for  the  printing,  binding  and 
distribution  of  the  Journal  of  this  Convention. 

Be  it  resolved  by  the  people  of  Alabama  in  Conven- 
tion assembled,  That  the  Committee  on  Printing.  Sched- 
ule and  Incidental  Exp(mses  be  authorized  to  contract 
for  the  printing,  binding  and  distribution  of  1,000  copies 
of  the  Journal  of  this  Convention. 

Be  it  further  resolved,  That  upon  the  delivery  of  1,000 
copies  of  the  Journal,  printed  and  bound  in  accordance 
with  the  contract  heretofore  mentioned,  to  the  Secretary 
of  State,  he  shall  certify  to  the  Auditor  the  amount  due 
to  the  publisher  for  the  work,  and  the  Auditor  shall  is- 
sue his  warrant  on  the  Treasurer  in  favor  of  tlie  pub- 
lisher for  the  said  amount  due. 

Be  it  further  resolved.  That  one  copy  of  the  Journal 
of  this  Convention  be  delivered  to  each  delegate  and 
officer  of  tlie  Convention,  and  to  the  ])ersous  to  wliom, 
under  the  existing  law,  tlie  Journals  of  the  House  and 
Senate  are  delivered. 

Be  it  further  resolved.  That  the  sum  of  .f2,000,  or  so 
much  thereof  as  may  be  necessary,  be  api)r<)i)riated  out 
of  the  moneys  of  the  State  otherwise  uiia]>propriated  to 
pay  for  the  ])rinting,  binding  and  distribution  of  the 
Journal  of  this  Convention. 


Constitutional  Convention.  lOlS* 

STENOGRAPHIC    RErORT. 

Messrs.  Sanford,  Sollie,  Leigh,  AVliite,  Dent  aud  Bed- 
dow  called  the  atteirtiou  of  the  Oouventiou  to  certain 
errors  in  the  stenographic  report  of  the  proceedings  of 
yesterday.  Mr.  deGraft'enried  also  called  the  atten- 
tion of  the  Convention  to  certain  errors  in  the  report  of 
last  Monda}'. 

The  rejDorts  were  ordered  corrected. 

QUESTION  OF  PERSONAL  PRIVILEGE. 

Mr,  BeddoAV  arose  to  a  question  of  personal  privilege, 
and  proceeded  to  state  his  question  of  personal  privi- 
lege. 

PRIVILEGES  OP  THE  FLOOR. 

Were  extended  to  Hous.  John  B.  Wood,  W.  J.  Hill- 
iard,  Van  Hnally,  H.  Bnners,  J.  R.  Wood. 

RECONSIDERATION. 

Mr.  White  moved  to  reconsider  the  vote  by  which  Sec- 
tion 8  was  adopted. 

The  motion  prevailed,  and  Section  8  was  recon- 
sidered. 

Mr.  White  offered  the  following  substitute  for  Sec- 
tion 8: 

Sec.  8.  No  person,  not  registered  and  qualified  as  an 
elector  under  the  provisions  of  this  article,  shall  vote 
at  the  general  election  in  1902,  or  at  any  subsequent 
State,  county  or  municipal  election,  general,  local  or 
special;  but  the  provisions  of  this  article  shall  not  ap- 
plv  to  any  election  held  prior  to  the  general  election 
in  1902. 

The  substitute  offered  by  Mr.  White  was  adopted. 

Section  8,  as  amended,  was  thereupon  adopted. 

REPORT  OF  THE  COMMITTEE  ON  SUFFRAGE  AND  ELECTIONS. 

Mr.  White,  acting  chairman  of  the  Committee  on  Suf- 
frage and  Elections,  submitted  the  following  substitute 


1044  Journal  of  Alabama 

to  Section  5,  subdivision  1,  said  subdivision  having  been 
heretofore  recommitted  to  the  committee : 

First — Those  who,  unless  prevented  by  physical  dis- 
ability, can  read  and  Avrite  anj^  article  of  the  Constitu- 
tion of  the  United  States  in  the  English  language,  and 
who,  being  ph^'sically  able  to  work,  have  worked  or  been 
regularly  engaged  in  some  lawful  employment,  business 
or  occupation,  trade  or  calling,  for  the  greater  part  of 
the  twelve  months  next  preceding  the  time  they  offer 
to  register. 

Mr.  Eobinson  offered  the  following  amendment  to 
the  substitute : 

''Provided,  that  persons  who  can  neither  read  nor 
write  on  account  of  physical  disability  shall  be  allowed 
to  register  and  vote  if  otherwise  ({ualified  as  provided  in 
this  subdivision  or." 

The  amendment  to  the  substitute  offered  by  Mr.  Eob- 
inson  was  adopted. 

Mr.  Long  of  Walker  oft'ered  the  following  substitute 
for  Section  5 : 

Sec.  5.  The  General  Assembly  shall  provide  by  law 
for  the  registration  of  all  male  persons  becoming  of  age, 
and  all  male  persons  who  beconu^  citizens  of  Alabama 
on  and  after  the  first  of  January,  1903 ;  provided,  any 
law  for  registration  made  by  the  General  Assembly 
shall  require  all  applicants  for  registration  after  Janu- 
ary 1st,  1903,  to  be  eligible  to  register  under  all  the  re- 
quirements made  by  Section  2  of  this  article;  prcnMded, 
the  General  Assembly  may  make,  by  law,  to  become 
operative  after  January  1st,  1903,  such  other  provis- 
ions for  registering  and  voting  not  in  conflict  with  thi.5 
Constitution. 

On  motion  of  ]Mr.  Vaughan  the  substitute  was  laid 
upon  the  table. 

Yeas,  94;  nays,  35. 

YEAS. 

Messrs.  President,  Banks, 

Altman,  Barefield, 

Ashcraft,  Bethune, 


Constitutional  Convention. 


1045 


Blackwell, 

Booue, 

Brooks, 

Burnett, 

Carmichael  (Colbert), 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Cunningham, 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Fletcher, 

Foster, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Perry), 

Handley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Ledbetter, 


Lomax, 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller   (Wilcox), 

Morrisette, 

NeSmith, 

Norwood, 

Gates, 

O'Neal  ( Lauderdjale )), 

O'Rear, 

Palmer, 

Parker  ( Cullman) ,. 

Pearce^ 

Pettus, 

Pillans, 

Pitts, 

lieese, 

Renfro, 

Rogers  (Lowndes),. 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

Searcy, 

Selheimer, 

Smith  (Mobile), 

Smith.  Morgan  M., 

Spragins, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherlv. 

Willett, 

Willett, 


1046 


Jour>;al  of  Alabama 


Williams  (Barbour), 
Williams  (Marengo), 
Wilson  (Clarke), 


Wilson  (Washington), 
Winn— 94. 


NAYS. 


INIessrs.  Beavers, 
Beddow, 
Bulger, 
Byars, 
Cardon, 

Davis  (Etowah), 
Foshee, 
Haley, 
Hodges, 
Howell, 
Jones  (Bibb), 
Kirk, 
TCirkland, 
Leigh, 

Long  (Butler), 
Long  (Walker), 
Lowe  (Jefferson), 
Lowe  (Lawrence), 


Martin, 

Moody, 

.Murphree, 

O'Neill  (Jefferson), 

Parker  (Elmore), 

Phillips, 

Porter, 

Reynolds  (Chilton), 

liObinson, 

Ban  ford, 

Smith,  Mac.  A  , 

Sollie, 

Sorrell, 

Spears, 

Thompson, 

Whiteside, 

Williams  ( Elmore) - 


-35. 


.  PAIRS   ANNOUNCED. 

The  followino"  pairs  were  announced : 

Messrs.  Burns,  Bartlett,  Stewart  and  Oofer,  Craig, 
Freeman,  Greer  of  Calhoun,  and  Sloan.  Messrs.  Burns, 
"Stewart,  Craig  and  Greer  of  Calhoun,  would  vote  aye; 
and  Messrs.  Bartlett,  Cofer,  Freeman  and  Sloan  would 
vote  nay. 

On  motion  of  ]Mr.  White  Section  5,  as  amended,  was 
adopted, 

SECTION    TEN. 


Was  taken  up  and  ordered  considered  by  subdivi- 
sions. 

The  first  paragraph  of  Section  10  was  read  at  length 
as  follows : 


Constitutional  Convention.  1047 

Sec.  10. — The  General  Assembly  shall  provide  by  law 
for  the  regif^tration,  after  the  first  day  of  January,  1903, 
of  all  qualified  electors.  Until  the  first  day  of  Janu- 
ary, 1903,  all  electors  shall  be  registered  under  and  in 
accordance  with  the  requirements  of  this  Section  as 
follows : 

^Iv.  Rees(^  ottered  the  following  amendment  to  the 
first  paragraph  of  Section  10: 

By  adding  after  the  word  "electors"  in  second  line, 
the  words:  "Except  bastards,  who  shall  not  be  regis- 
tered, unless  their  disability  of  illegitimacy  shall  have 
first  been  removed  by  the  Legislature.'' 

On  motion  of  Mr.  Coleman,  of  Greene,  the  amend- 
ment was  laid  upon  the  table. 

On  motion  of  Mr.  Coleman,  of  Greene,  the  first  para- 
graph of  Section  10  was  adopted. 

reconsideration. 

Mr.  Burns  gave  notice  that  on  to-morrow  he  would 
move  to  reconsider  the  vote  by  which  the  first  para- 
graph of  Section  10  was  adopted. 

first  subdivision. 

Was  read  at  leugth  as  follows : 

First — Registration  shall  be  conducted  in  each  county 
by  a  board  of  tlireo  reputable  and  suitable  persons  resi- 
dent in  the  count}^,  who  shall  not  hold  any  elective  of- 
fice during  their  term,  to  be  appointed  within  sixty 
days  after  the  ratification  of  this  Constitution  by  the 
Governor,  Auditor  and  Commissioner  of  Agriculture 
and  Industries,  or  a  majority  of  them,  acting  as  a  Board 
of  Appointment.  If  one  or  more  of  the  persons  ap- 
pointed on  such  Board  of  Registration  shall  refuse,  neg- 
lect or  l)e  unable  to  qualifv  or  serve,  or  a  vacancy  or 
A^acancies  occur  in  the  membership  of  the  Board  of  Reg- 
istrars from  any  cause,  the  Governor,  Auditor  and  Com- 
missioner of  Agriculture  and  Industries  or  a  majority 
of  them  acting  as  a  Board  of  Appointment,  shall  make 
other  appointments  to  fill  such  Board.     Each  registrar 


1048 


Journal  of  Alabama 


shall  receive  |2  per  day,  to  be  paid  by  tlie  State,  and 
disbursed  by  the  several  Probate  Judges,  for  each  en- 
tire day's  attendance  upon  the  sessions  of  the  Board. 

Before  entering  upon  the  performance  of  the  duties 
of  his  office,  each  registrar  shall  take  the  same  oath  re- 
quired of  the  judicial  oflflcers  of  the  State,  which  oath 
may  be  administered  by  an^^  person  authorized  by  law 
to  administer  oaths.  Tl>e  oath  shall  be  in  writing  and 
subscribed  by  the  registrar  and  filed  in  the  office  of  the 
Probate  Judge  of  the  county. 

'Sir.  Gates  offered  the  following  amendment  to  sub- 
division 1  of  Section  10 : 

Amend  Section  10,  first  subdivision,  in  line  two,  in- 
sert between  the  words  "persons"  and  "resident"  the 
following :  "Not  more  than  two  of  whom  shall  be  of 
the  same  political  party." 

Mr.  O'Neal,  of  Lauderdale,  moved  to  table  the  amend- 
ment offered  by  Mr.  Gates. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table:  Yeas,  73;  nays,  50. 


YEAS. 


Messrs.  President. 

Almon, 

Altman, 

Ashcraft, 

Barefield, 

Bethune, 

Boone, 

Bro()ks, 

Bulger, 

Burns, 

Carmichael  (Coffee), 

Taruathon, 

Cobb, 

Coleman  f Greene"). 

Coleman  (Walker), 

Cunningham, 

T>uke. 

Eley, 


Evster, 
Fletcher, 
Foster, 
Glover. 

Graham  (Talladega), 
Grant, 

♦"Treer  (Perry), 
Rnley, 

Heflin  (Chambers), 
Hedges, 
Hood, 
Howze, 
Tnge. 

Jones  rBibb), 
Jones  (Wilcox), 
Knfoht. 
T.edbetter, 
Lowe  ( Lawrence) » 


Constitutional  Convention. 


1049- 


McMillan  (Wilcox), 

jNIalone, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Morrisette, 

NeSmitli, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

O'Rear, 

Parker  (Cullman), 

Pettus, 

Pillans, 

Pitts. 

Keese, 

Renfro, 

Reynolds  (Henry), 

Robinson, 


Rogers  (Lowndes), 

Sanders, 

Searcy, 

Smith  (Mobile), 

Sorrell, 

Spragins, 

Tayloe, 

V'aughan, 

Wad^dell, 

Walker, 

Watts, 

Weatherly, 

Wbiteside, 

AVilliams   (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson   ( Washington ) ,. 

AVinn— 73. 


nays. 


^lessrs.  Banks, 

Beavers, 

Beddow, 

Blackwell, 

Burnett, 

Byars, 

Cardon, 

Carmichael   (Colbert), 

Davis  (Etowah), 

Dent, 

fleCrraffenried, 

Fitts, 

Graham  ( Montgomery) , 

Grayson, 

Handley, 

Harrison, 

Hpflin  (Randolph), 

Henderson, 

Howell, 


Jackson, 
Jenkins, 

Jones  (  Montgoinerv), 
Kirk, 
Kirkland, 
Kyle, 
Leigh, 
Lorn  ax. 

Long  ( Butler), 
Long  (Walker), 
McMillan  (Baldwin),. 
Martin, 

Miller  (  Mareng(» ), 
Murphree, 
Norwood, 
Gates, 
Palmer, 

Parker  (Elmore),. 
Pearce. 


1050  JouEXAL  OF  Alabama 

Phillips,  •    Siii.tl).  Mac.  A., 

Reynolds  (Chilton),  iSmith,  Morgan  M., 

Rogers  (Sumter),  Spears, 

Samford,  Thompson, 

Sanford,  \Vhite_, 

Selheimer,  AVilliaius  (Elmore) — 5(). 

PAIRS   ANNOUNCED. 

The  following  pairs  were  announced: 

Messrs.  Craig,  Freeman,  Macdonald,  Foshee,  Browne, 
Porter,  Greer  of  Calhoun,  Sloan,  Cornwall,  Weakley, 
Stewart  and  Cofer.  Messrs.  Craig,  Macdonakl,  Browne, 
Greer  of  Calhoun,  Cornwall  and  Stewart  would  vote 
aye;  and  Messrs.  Freeman,  Foshee,  Porter,  Sloan, 
Weakley,  Gofer  would  vote  nay. 

Subdivision  1  was,  on  motion  of  Mr.  White,  adopted. 

SUBDIVISION    TWO. 

Was  read  at  length  as  foUo-^-s : 

Second — Prior  to  the  first  day  of  August,  1902,  the 
Board  of  Registrars  in  each  county  shall  visit  each  pre- 
cinct at  least  once  and  oftener  if  necessary  to  make  a 
complete  registration  of  all  persons  entitled  to  register, 
and  remain  there  at  least  one  day  from  8  o'clock  in  the 
morning  until  sunset.  They  shall  give  at  least  twenty 
days'  notice  of  the  time  when,  and  the  place  in  the  pre- 
cinct where  they  will  attend  to  register  applicants  for 
registration,  by  bills  posted  at  five  or  more  public  places 
in  each  election  precinct,  and  by  advertisement  in  a 
newspaper,  if  thei'e  be  one  published  in  the  county, 
once  a  week  for  three  successive  weeks.  Upon  failure 
to  give  such  notice,  or  to  attend  any  appointment  made 
by  them  in  any  precinct,  they  shall,  after  like  notice, 
fill  new  appointments  therein;  but  the  time  consumed 
hy  the  board  in  completing  such  registration  shall  not 
exceed  sixty  working  days  in  any  county,  except  that  in 
counties  in  which  there  is  any  city  of  8,000  inhabitants 
tDr  over,  the  board  may  remain  in  session,  in  addition  to 
the  session  hereinabove  prescribed,  for  not  more  than 


COXSTITUTIOXAL  COXVEXTION.  1051 

three  siicecs.sive  weeks  in  each  ol'  said  cities;  and  there- 
after the  board  may  sit  from  time  to  time  in  each  of 
.siicli  cities  not  more  than  one  week  in  eacli  month,  and 
except  tliat  in  the  county  of  Jefferson  tlie  board  may 
liokl  additional  sessions,  of  not  excediug  five  conseeu- 
tive  days  duration  for  each  session,  in  any  town  or  city 
of  1,001)  or  more,  and  less  than  8,000  inhabitants.  No 
person  shall  be  registered  excei)t  at  the  county  site,  or 
in  the  precinct  at  which  he  resides.  The  registrars  shall 
issue  to  each  person  registered  a  certilicate  of  registra- 
tion. 

Mr.  Poster  offered  the  following  amendment,  which 
was  unanimously  accepted: 

Amend  subdivision  -2  of  Section  10  by  adding  after 
the  word  '^county"  in  line  twenty-sixth,  the  following: 
"Except  that  in  counties  of  more  than  1,000  square 
miles  in  area  such  boards  may  consume  75  working 
■days  In  completing  the  registration  in  such  counties, 
and.'' 

Mv.  Fitts  offered  the  following  amendment  to  sub- 
division 2  of  Section  5: 

Amen<l  stM-ond  paragraph  sulxlivision,  Section  10, 
by  striking  out  the  word  "once"  in  seventeenth  line  and 
inserting  the  word  "twice"  and  striking  out  in  line 
eighteen  the  words  "one  day,"  inserting  the  words  "two 
days." 

On  motion  of  ]Mr.  Hood  the  amendment  of  Mr.  Fitts 
was  laid  upon  the  table, 

Mr,  Williams,  of  Marengo,  offered  the  following 
amendment  to  subdivision  2 : 

Amend  subdivision  2  as  amended  by  Mr.  Foster  by 
striking  out  "one  thousand"  and  inserting  "nine  hun- 
dred." 

By  unanimous  consent  the  amendment  of  jVIr.  Wil- 
liams, of  Marengo,  was  adopted. 

Mr.  Hood  offered  the  following  amendment  to  sub- 
division 2 : 

Amend  second  subdivision,  Section  10,  by  striking 
out  "60"  and  inserting  in  lieu  thereof  "70." 

Mr.  Long,  of  Walker,  offered  the  following  amend- 
ment to  the  amendment  offered  bv  Mr.  Hood : 


1052  Journal  of  Alabama 

Amend  second  paragraph  of  Section  10,  in  line  thirtr 
after  the  word  "Jefferson''  by  adding  the  following- 
words:  "And  in  all  counties  in  this  State,  the  Regis- 
trars shall  spend  two  days  in  each  beat  in  the  county." 

"Provided,  all  voters  have  not  made  ai)plication  for 
registration  during  the  first  day.'' 

On  motion  of  Mr.  O'Neal,  of  Lauderdale,  the  amend- 
ment of  Mr.  Long,  of  Walker,  was  laid  upon  the  table. 

The  question  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Hood. 

The  amendment  of  Mr.  Hood  Avas  lost. 

On  motion  of  Mr.  White,  subdivision  2  of  Section  10- 
was  adopted. 

RECESS. 

The  hour  of  1  o'clock  p.  m.  arrived,  and  under  the 
rules  the  Convention  recessed  until  3:30  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constitute  a 
quorum : 

Messrs.  President,  Bulger, 

Almon,  Burnett, 

Altman,  Burns, 

Ashcraft,  Byars, 

Banks,  Cardon, 

Barefield,  Cnrmichaol  (Colbert), 

Beavers,  Carmichael  (Coffee),, 

Beddow,  f'sirnntlion, 

Bethune,  Chapman, 

Blackwell,  CoI)b, 

Boone,  Cofer, 

Brooks,  Coleman  (Cireene). 

Browne,  Coleman  (Walker), 


OONSTITUTIOXAL  CONVENTION. 


1053 


Craig, 

Cunningham, 
Davis  (DeKalb), 
Davis,   (Etowah), 
Dent, 

deGraffenried, 
Duke, 
JEley, 
Eyster, 
Pitts, 
Fletcher, 
Foshee, 
Foster, 
Freeman, 
Gilmore, 
Glover, 

Graham  (Montgomery), 
Graham  (Talladega), 
(xrant, 
Grayson, 

Greer  (Calhoun), 
Greer  (Perry), 
Haley, 
Handley, 
Harrison, 

Heflin  (Chambers), 
Hellin  ( Randolph  )i 
Henderson, 
Hinsou, 
Hodges, 
Hood, 
Howell, 
Howzo, 
Inge, 
Jackson, 
Jenkins, 
Jones  (Bibb), 
Jones  (Hale), 
Jones  ( j\rontgomery ) , 
Jones  (Wilcox), 
Kirk, 


Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Jjong  (Butler), 

I^ong  (Walker), 

Lowe  ( Jefferson ) , 

Lowe  (Lawrence), 

Afacdonald, 

.AIcMilhm  (Baldwin), 

McMillan  (Wilcox), 

Ma  lone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

^lurpiiree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Reese, 

Ren  fro, 

Reynolds  (Chilton), 


1054  Journal  of  Alap.ama 

Kevnolds  (Hemy),  Stewart, 

Robinson,  Thompson, 

liogei.s   (Lowudes),  Vaui>hau, 

li0!j;ers  (Sumter),  W'addeJl, 

Samford,  A\'alker, 

Sanders,  \\'atts, 

Sanford,  AVeakley, 

Searcy,  W'eatherJy, 

Selbeimer,  White, 

Sentell,  \\'hiteside, 

Sloan,  W'illett, 

Smith  (Mobile),  \>'iliiaiiis  (Uarbour), 

Smith,  Mac.  A.,  Williams  (Marengo), 

Smith,  Morgan  M.,  >\'illiams  (Elmore), 

Sollie,  Wilson  (Clarke), 

Sorrell,  AVilson  (Washington). 

Sucars.  \\'inn — 143. 

Spragins, 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  nnfinislied  business,  which  was  the  ri^port  of  the* 
Couimittee  on  Suffrage  and  Elections. 

SUIiDIVlSIOX   THREE. 

'\\'as  read  at  length  as  follows: 

Third — The  Board  of  Registrars  shall  register  no  per- 
son between  the  first  day  of  August,  1902,  and  the  Fri- 
day next  preceding  the  day  of  election  in  November, 
1*M!2.  On  r^riday  and  Saturday  next  preceding  the  day 
of  election  in  November.  1902,  they  shall  sit  in  the  court 
liouse  of  each  county  during  such  days,  and  shall  regis- 
ter all  a])])li<'ants  having  tlie  qualifications  prescribed 
by  Sections  2  and  4  of  this  article,  and  not  discpialified 
under  Sec.  G,  who  shall  have  reached  the  age  of  twenty- 
one  years  after  the  first  day  of  Auuust,  1902,  or  who  shall 
Drove  to  the  reasonable  satisfaction  of  the  board  that, 
l)y  reason  of  pliysical  disability  or  unavoidable  absence 
froui  the  county,  they  had  not  opportunity  to  register 
prior  to  the  first  day  of  August,  1902;  and  shall  on 
such  days  register  no  other  persons.     When  there  nvo 


COXSTITUTIOXAL  CONVENTION.  1055 

two  or  more  court  houses  in  one  county,  the  registrars 
may  sit  during  such  two  days  at  either  of  such  court 
houses  they  may  select,  but  shall  give  ten  days'  notice 
by  bills  posted  at  each  of  the  other  court  houses,  desig- 
nating the  court  house  at  which  they  will  so  sit. 

By  unanimous  consent  the  words  ''and  four"  were 
inserted  after  the  word  sections. 

On  motion  of  Mr.  White  subdivision  3  was  adopted. 

SUBDIVISION    FOUR. 

Was  read  at  length  as  follows: 

Fourth — The  Board  of  Registrars  shall  hold  sessions 
at  the  court  house  of  their  respective  Counties  during 
the  entire  third  week  in  November,  1902,  and  for  six 
working  days  next  prior  to  the  twentieth  day  of  Decem- 
ber, 1902,  during  which  sessions  they  shall  register  all 
persons  applying  who  iwssess  the  qualifications  pre- 
scribed in  Sections  2  and  4,  and  who  shall  not  be  dis- 
qualified under  Section  6  of  this  article.  In  counties 
where  there  are  two  or  more  court  houses,  the  Board  of 
Registrars  may  elect  at  which  court  house  they  will 
hold  such  session.  The  Board  of  Registrars  shall  give 
notice  of  the  time  and  place  of  such  sessions  by  posting 
notices  at  each  court  house  in  their  respective  counties, 
and  at  each  voting  place  and  at  three  other  public 
places  in  the  county,  and  by  publication  once  a  week  for 
two  consecutive  weeks  in  a  newspaper,  if  one  be  pub- 
lished in  the  county;  such  notices  to  be  published  and 
such  publications  to  be  commenced  as  early  as  practi- 
cable in  the  first  week  in  November,  1902;  provided, 
that  a  failure  on  the  part  of  the  registrars  to  conform 
to  the  provisions  of  this  section  as  to  notices  to  be  given 
shall  not  invalidate  any  registration  made  by  them. 

^Iv.  Sorrell  offered  the  following  amendment  to  sub- 
division 4 : 

Amend  Section  10,  paragraph  4  in  lines  53  and  54  by 
striking  out  after  the  words  "registrars  may  elect  at 
which  court  house  they  will  hold  such  session,"  and  by 
adding  the  words  "shall  divide  the  time  equally  between 
each  court  house." 


1056  Journal  of  Alabama 

On  motion  of  Mr.  White  tlie  amendiiient  oiTered  by 
Mr.  Sorrell  was  laid  upon  the  table. 

Mr.  Howze  offered  the  following  amendment  to  sub- 
division 4 : 

Amend  b^'  striking  (jut  the  words  "may  elect  at  whicli 
court  house  they  will  hold  such  sessions"  in  the  53  line, 
and  insert  the  words  "shall  divide  the  time  equalh'  be- 
tween them." 
•  The  amendment  was  adopted. 

iSubdivision  4  Avas,  on  motion  of  Mr.  AYhite,  as 
amended,  adopted. 

SUBDIVISION    FIVE. 

Was  read  at  hrngth  as  follows,,  and  adopted : 

Fifth — The  Board  of  Registrars  shall  have  power  to 
examine,  under  oath  or  affirmation,  all  applicants  for 
registration,  and  to  take  testimony  touching  the  quali- 
fications of  sucli  applicants;  each  member  of  such  board 
is  authorized  to  administer  the  oath  to  be  taken  by  the 
applicants  and  witnesses,  which  shall  be  in  the  follow- 
ing form,  and  subscribed  by  the  person  making  it,  and 
preserved  by  the  board,  namely : 

"I  solemnly  swear  (or  aflfirm)  that  in  the  matter  of 

the  application  of    for  registration  as  an 

elector,  I  will  speak  the  truth,  the  whole  truth,  and 
nothing  but  the  truth,  so  help  me  God." 

Any  person,  who,  upon  such  examination,  makes  any 
wilfully  false  statement  in  reference  to  any  material 
matter  touching  the  qualification  of  any  applicant  for 
registration  shall  be  guilty  of  perjury. 

SUBDIVISION    SIX. 

Was  read  at  length  as  follows : 

Sixth — The  action  of  the  majority  of  the  Board  of 
Registrars  shall  be  the  action  of  the  board.  Any  per- 
son denied  registration  shall  have  the  right  to  appeal, 
within  thirty  days  after  such  denial,  by  filing  a  pet/tion 
in  the  Circuit  Court  or  court  of  like  jurisdiction  held 
for  the  county  in  which  he  seeks  to  vote,  to  have  his 


Co^^STITUTlONAL  Convention.  1067 

qualifications  as  an  elector  determined.  Upon  filing 
the  petition  the  clerk  of  the  court  shall  give  notice  there- 
of to  any  Solicitor  authorized  to  represent  the  State  in 
said  county,  whose  dut}^  it  shall  be  to  appear  and 
defend  against  the  petition  on  behalf  of  the  State.  Upon 
such  trial,  the  court  shall  charge  the  jury  only  as  to 
what  constituted  the  qualifications  that  entitled  the  ap- 
plicant to  become  an  elector  at  the  time  he  applied  for 
registration,  and  the  jury  shall  determine  the  weight 
and  elfect  of  the  evidence  and  return  a  verdict  From 
the  judgment  rendered  an  appeal  will  lie  to  the  Supreme 
Court  in  favor  of  the  petitioner,  to  be  taken  within 
thirty  days.  Final  judgment  in  favor  of  the  petitioner 
shall  entitle  him  to  registration  as  of  the  date  of  his  ap- 
I>licatiou  to  the  registrars. 

Mr.  White  offered  the  following  amendment  to  sub- 
division 6,  which  was  adopted : 

Amend  subdivision  G,  Section  10,  by  inserting  after 
the  word  "appeal"  in  74th  line,  the  following:  "With- 
out giving  security  for  cost." 

Mr.  Gates  offered  the  following  amendment  to  sub- 
division 6 : 

Amend  subdivision  6  of  Section  10,  in  line  80,  by 
striking  out  the  word,  "only." 

On  motion  of  Mr.  Smith,  of  Mobile,  the  amendment 
offered  by  Mr.  Gates  was  laid  upon  the  table. 

Subdivision  G  was,  on  motion  of  Mr.  White,  as 
amended,  adopted. 

SUBDIVISION   SEVEN. 

Was  read  at  length  as  follows : 

Seventh — The  Secretary  of  State  shall,  at  the  expense 
of  the  State,  have  prepared  and  furnished  to  the  regis- 
trars and  Probate  Judges  in  the  several  counties,  a  suffi- 
cient number  of  registration  books,  and  of  blank  forms 
of  certificates  of  registration  and  of  oaths  and  of  the 
notices  required  to  be  given  by  the  registrars.  The  cost 
of  the  publication  in  newspapers  of  the  notices  required 
to  be  given  by  the  registrars  sliall  be  paid  by  the  State, 

67 


1058  Journal  of  Alabama 

the  bills  therefor  to  be  rendered  to  the  Secretary  of 
State,  and  approved  by  him. 

Mr.  Sloan  offered  the  folknving  amendment  to  sub- 
division 7,  of  Section  10 : 

Amend  Section  10,  seventh  subdivision,  by  adding 
at  the  end  of  the  seventh  subdivision  the  following : 

Said  Registration  Board  for  each  county  shall  be 
composed  of  one  registrar  from  three  dilferent  duly 
organized  political  par-ties  as  far  as  practicable,  to  be 
appointed  on  the  recommendation  of  the  County  Com- 
on  its  own  responsibility." 

If  an^'  County  Committee  fails,  after  thirty  days' 
time,  to  recommend  some  person  for  ai)poiutment,  then 
the  board  'of  appointment  shall  make  the  appointment 
on  its  own  responsibility. 

On  motion  of  Mr.  Chapman,  the  amendment  was  laid 
upon  the  table. 

On  motion  of  Mr.  White,  subdivision  7  was  adopted. 

Mr.  White,  acting  chairman  of  the  Committee  on 
Suffrage  and  Elections,  submitted  the  following,  to 
constitute  a  new  subdivision,  to  Section  10: 

Eighth — Any  elector  who  registers  for  another,  or 
who  registers  more  than  once,  and  any  registrar  who  en- 
ters the  nauH^  of  any  elector  on  the  list  of  registered 
voters,  without  such  elector  having  made  application 
in  person,  under  oath  on  a  form  provided  for  that  pur- 
pose, or  who  knowingly  registers  any  person,  more 
than  once,  oi'  who  knowingly  enters  a  name  upon  the 
registration  list  as  the  name  of  a  voter  without  anyone 
of  that  nanu^  a])])lying  to  register,  shall  be  guilty  of  a 
felony. 

On  iiiotidu  (;f  Mr.  White  subdivision  8  was  adopted. 

On  motion  of  Mr.  White  Se -tion  10  as  anumded,  was 
tliereujion  adopted. 

SECTION   ELEVEN. 

Was  read  at  length  as  follows: 

Sec.  11.— ^Tbe  Board  of  Registrnrs  in  ench  county 
shall,  ou  or  before  the  first  day  of  February,  1903,  file 
in  the  Probate  Court  of  their  county  a  complete  list, 
sworn  to  l)y  them,  of  all  persons  registered  in  their 
county,  with  the  precinct  or  ward  in  which  each  of  such 
persons  reside  set  opposite  the  names  of  sucli  persons. 


Constitutional  Convkntion.  105^ 

and  shall  also  file  a  like  list  in  the  office  of  the  Secretary 
of  State.  The  Judge  of  Probate  shall  on  or  before  the 
first  dav  of  March,  1903,  cause  to  be  made  from  such 
list  in  duplicate,  in  the  books  furnished  by  the  Secre- 
tary of  State,  an  alphabetical  list  by  precincts  of  the 
persons  shown  by  the  list  of  the  registrars  to  have  been 
registered  in  the  county,  and  shall  file  one  of  such  alpha- 
betical lists  in  the  office  of  Secretary  of  State;  for  which 
services  by  the  Probate  Judges  compensation  shall  be 
provided  by  the  General  Assembly.  The  Judges  of  Pro- 
bate shall  keep  both  the  original  list  filed  by  the  regis- 
trars and  the  alphabetical  list  made  therefrom  as  rec- 
ords in  the  Probate  Court  of  the  county. 

Unless  he  shall  become  disqualified  under  the  pro- 
visions of  this  article,  any  one  who  shall  register  prior 
to  the  first  day  of  January,  1903,  shall  remain  an  elec- 
tor during  life,  and  shall  be  required  to  register  only  in 
case  of  a  change  of  residence,  on  production  of  his  cer- 
tificate. The  certificate  of  the  registrar  or  of  the  Pro- 
bate Judges  or  of  the  Secretary  of  State  shall  ]je  suffi- 
cient evidence  to  establish  the  fact  of  such  life  regis- 
tration. Such  certificate  shall  be  issued  free  of  charge 
to  the  elector,  and  the  General  Assembly  shall  provide 
by  law  for  the  renewal  of  such  certificates  when  lost, 
mutilated  or  destroyed. 

Mr.  Spragins  ottered  the  following  amendment  to 
Section  11 : 

To  amend  Section    11    by    adding    after    the    word 
"county'''  in  the  third  line,  the  following  words :  ''Show- 
ing the  age  of  such  persons  so  registered.'' 
.  The  amendment  was  unanimously  adopted. 

Mr.  Davis,  of  Etowah,  offered  the  following  amend- 
ment to  Section  11,  which  was  unanimously  adopted  : 

Amend  Section  11  by  inserting  in  line  two,  after 
"1903,"  the  following :  "or  as  soon  thereafter  as  is  prac- 
ticable," and  in  line  six  after  "1903"  the  words  "or  as 
soon  thereafter  as  ijracticable." 

On  motion  of  Mr.  White,  Section  11,  as  amended, 
was  adopted. 


1060  Journal  of  Alabama 

section  twelve. 

Was  read  at  length  as  follows: 

Sec.  12. — From  and  after  the  first  day  of  January, 
1903,  any  applicant  for  registration  may  be  required  to 
state  under  oath,  to  be  administered  by  the  registrar 
or  by  any  person  authorized  by  law  to  administer  oaths, 
where  he  lived  during  the  Ave  years  next  preceding  the 
time  at  which  he  applies  to  register,  and  the  name  or 
names  that  he  was  known  by  during  that  period,  and  the 
names  of  his  employer  or  employers,  if  any,  during 
such  period.  An}^  applicant  for  registration  who  re- 
fuses to  state  such  facts,  or  anj  of  them,  shall  not  be 
entitled  to  register,  and  any  person  so  offering  to  regis- 
ter who  wilfully  makes  a  false  statement  in  regard  to 
such  matters  or  any  of  them,  shall  be  guilty  of  perjury. 

Mr.  Lomax  offered  the  following  amendment  to  Sec- 
tion 12: 

The  Legislature  shall,  by  law,  provide  for  purging 
the  registration  lists  of  names  illegally  registered,  and 
of  those  who  may  die,  become  insane,  convicted  of  crime, 
or  otherwise  disqualified  as  an  elector  under  the  pro- 
visions of  this  Constitution. 

Mr.  Reese  moved  to  table  the  amendment  offered  by 
Mr.  Lomax. 

The  motion  to  table  was  lost. 

Mr.  Eeese  moved  to  recommit  the  Section  ( 12 )  to  the 
Committee  on  Suffrage  and  Elections. 

On  motion  of  Mr.  Graham,  of  Talladega,  the  motion 
to  recommit  was  laid  upon  the  table. 

Mr.  Thompson  offered  the  following  substitute  for 
the  amendment  offered  by  Mr.  Lomax : 

Amend  Section  12  b}"  adding  at  the  end  thereof  the 
following : 

The  Circuit  Courts  or  courts  of  like  jurisdiction  shall 
have  the  authority  to  strike  from  the  roll  of  registered 
electors  the  name  of  any  person  not  legally  on  such 
roll,  upon  the  application  of  any  qualified  elector,  Avhen 
it  is  shown  to  the  reasonable  satisfaction  of  such  court 
that  the  name  of  such  person  was  illegally  on  such  roll ; 
and  a  trial  by  jury  may  be  had  upon  the  demand  of 


Constitutional  Convention.  1C61 

either  the  applicant  or  the  elector,  such  trial  to  be  with- 
out cost  to  either  party  to  such  trial. 

Ou  motion  of  Mr.  Thompson  the  Section  (12),  to- 
gether with  the  pending  amendments,  were  recommitted 
to  the  Committee  on  Suffrage  and  Elections. 

SECTION   thirteen. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  13. — In  the  trial  of  any  contested  election,  and  in: 
proceedings  to  investigate  any  election,  no  person  other 
than  a  defendant  shall  be  allowed  to  withhold  his  testi- 
mony on  the  ground  that  he  may  incriminate  himself 
or  subject  himself  to  public  infamy;  but  such  person 
shall  not  be  prosecuted  for  any  offense  arising  out  of 
the  transaction  concerning  which  he  testified,  but  may 
be  prosecuted  for  perjury  committed  on  such  examina- 
tion. 

SECTION    FOURTEEN. 

Was  read  at  length  as  follows : 

Sec.  14. — The  General  Assembly  shall  pass  laws  not 
inconsistent  with  this  Constitution  to  regulate  and  gov- 
ern elections,  and  all  such  laws  shall  be  uniform 
throughout  the  State;  and  shall  provide  by  law  for  the 
manner  of  holding  elections  and  of  ascertaining  the  re- 
sult of  the  same,  and  shall  provide  general  registration 
laws  not  inconsistent  with  the  provisions  of  this  article^ 
for  the  registration  of  all  qualified  electors  from  and 
after  the  first  day  of  January,  1903.  The  General  As- 
sembly shall  also  make  provisions  by  law,  not  incon- 
sistent with  this  ai'ticle,  for  the  regulation  of  primary 
elections,  and  for  punishing  frauds  at  the  same,  but 
shall  not  make  primary  elections  compulsory. 

On  motion  of  Mr.  White  Section  14  was  passed  tem- 
porarily, until  the  Committee  on  Suffrage  and  Elections, 
reported  Section  12, 


1062  Journal  of  Alabama 

section  fifteen. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  15. — It  shall  be  the  duty  of  the  Greneral  Assembly 
to   pass   adequate   laws   giving   protection   against   the 
evils  arising  from  the  use  of  intoxicating  liquors  at 
-all  elections. 

SECTION    SIXTEEN. 

Was  read  at  length  as  foHows,  and  adopted : 
Sec.  16.- — ^Electors  shall  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  elections,  or  while  going  to 
or  returning  therefrom. 

SECTION    SEVENTEEN. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  17. — Eeturns  of  elections  for  all  civil  officers 
•^'ho  are  to  be  commissioned  by  the  Grovernor,  except 
Secretary  of  State,  Auditor,  Treasurer,  Commissioner 
of  Agriculture  and  Industries,  Attorney  General  and 
Superintendent  of  Education,  and  for  the  members  of 
the  General  Assembly,  shall  be  made  by  the  Secretary 
of  State. 

SECTION   EIGHTEEN. 

Was  read  at  length  as  follows: 

Sec.  18. — The  poll  tax  mentioned  in  this  article  shall 
I)e  |1.50  upon  each  male  inhabitant  of  the  State,  over 
the  age  of  twenty-one  years,  and  under  the  age  of  forty- 
five  years,  who  would  not  now  be  exempt  by  law.  Such 
poll  tax  shall  become  due  and  payable  on  the  first  day 
of  October  in  each  year  and  become  delinquent  on  the 
first  day  of  the  next  succeeding  February,  but  no  legal 
process  nor  any  fee  or  commission  shall  be  allowed  for 
the  collection  thereof.  The  Tax  Collector  shall  make 
returns  for  poll  tax  collections  separate  from  other  col- 
lections. 


Constitutional  Convention.  1063 

Mr.  Samford  offered  the  following  amendment  to 
Section  18 : 

Amend  by  striking-  out  in  Section  18  all  before  the 
word  "poll"  in  the  third  line. 

On  motion  of  Mr.  Weatherly,  the  amemliuent  offered 
l)y  Mr.  Samford  was  laid  upon  the  table. 

Mr.  Keese  offered  the  following  amendment  to  Sec- 
1i(m  18: 

Strike  out  in  second  line  "75"  and  insert  "•GO." 

Mr.  Carmichael,  of  Colbert,  offered  the  following 
amendment  to  the  amendment  offered  by  Mr.  Keese : 

.Vmend  Section  18  l)y  inserting  after  the  word  "law" 
in  the  third  line,  the  following: 

Provided,  that  those  male  inhabitants  of  the  State 
•who  shall  be  over  the  age  of  45  years  at  the  ratifica- 
tion of  tliis  Constitution,  shall  neyer  be  rc(|uired  to 
pay  a  poll  tax. 

Also  by  striking  out  in  Section  18  in  line  two  the 
figures  "45"  and  inserting  the  figures  "60." 

Mr.  Cunningham  uioyed  to  recommit  Section  18,  to- 
gether with  the  pending  amendments,  to  the  Committee 
■on  Suffrage  and  Elections. 

Mr.  Long,  of  Walker,  moyed  to  table  the  motion  to 
recommit  Section  18,  together  with  pending  amend- 
ments. 

The  motion  was  lost. 

The  question  recurred  upon  the  motion  to  recommit 
Section    18   togetlier   with    pending   amendments. 

The  motion  preyailed,  and  Section  18,  together  with 
the  pending  amendments,  were  recommitted  to  the  Com- 
mittee on  Suffrage  and  Elections. 

section  nineteen. 

Was  read  at  length  as  follows : 

Sec.  19. — If  any  section  of  this  article  shall  become 
inoperative  and  void  by  reason  of  the  decision  of  any 
court  of  competent  jurisdiction,  the  General  Assembly 
shall  have  power,  and  it  is  hereby  authorized  to  remedy 
the  defect  in  such  section  pointed  out  by  such  adjudica- 
tion, by  a  two-thirds  vote  of  all  the  members  of  each 


1064  Journal  OF  Alabama 

House  of  the  General  Assembly;  provided,  that  the  sec- 
tions of  this  article  uneffected  by  such  decisions  shall 
remain  unchanged.  Upon  any  other  section  becoming 
inoperative  by  any  subsequent  adjudication  of  such 
court,  the  General  Assembly  shall  have  authority  to 
remedy  the  defect  in  like  manner  as  hereinabove  pre- 
scribed. 

Mr.  Walker  offered  the  following  amendment  to  Sec- 
tion 19,  which  was  unanimously  adopted: 

Amend  Section  19  by  adding  after  the  word  "article'^ 
in  the  first  line,  the  following:  ''Or  subdivision  there- 
of." And  after  the  word  "section"  in  the  third  line, 
the  following:  "Or  subdivision."  And  after  the  word 
"article"  in  the  fifth  line,  the  following:  "Or  subdivi- 
sion." And  after  the  word  "section"  in  the  sixth  line, 
the  following:  "Or  subdivision." 

Mr.  Sorrell  offered  the  following  amendment  to  Sec- 
tion 19 : 

Amend  Section  19  by  adding  at  the  end  thereof  the 
following : 

Provided,  that  any  law  enacted  by  the  General  As- 
sembly as  provided  for  in  this  section,  shall  not  become 
operative  until  ratified  by  a  majority  of  the  qualified 
electors  in  this  State. 

Mr.  Sanford  offered  the  following  aiiiendment  to  the 
amendment  offered  by  Mr.  Sorrell : 

Amend  by  adding  the  words  "at  an  election  expressly 
held  for  that  purpose." 

ADJOURNMENT. 

Pending  the  furtlier  consideration  of  the  report  of 
the  Committee  on  Suffrage  and  Elections,  the  hour  of  7 
o'clock  having  arrived  the  Convention  adjourned  until 
to-morrow  morning  at  9  o'clock. 


Constitutional  Convention. 


1065- 


SIXTY-FIRST  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Friday,  August  2,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Marshall  of  the  city.. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following, 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Cobb, 

Almon, 

Cofer, 

Altman, 

Coleman  (Walker), 

Ashcraft, 

Cornwell, 

Banks, 

Craig, 

Barefleld, 

Cunningham, 

Bartlett, 

Davis  (DeKalb), 

Beddow, 

Davis  (Etowah), 

Bethune, 

Dent, 

Blackwell, 

Duke, 

Boone, 

Eley, 

Brooks, 

Eyster, 

Browne, 

Ferguson, 

Bulger, 

Fitts, 

Burnett, 

Fletcher, 

Burns, 

Foshee, 

Byars, 

Foster, 

Cardon, 

Glover, 

Carmichael 

(Colbert), 

Graham  (Montgomery),. 

Carmichael  (Coffee), 

Graham  (Talladega), 

Carnathon, 

Grant, 

Chapman, 

Greer  (Perry), 

1066 


Journal  of  Alabama 


Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Morrisette, 

Mulkey, 

Murphree, 


NeSmith, 
Norwood, 
Gates, 

O'Neal  (Lauderdale), 
O'Neill  ( Jefferson ) , 
Opp, 
O'Rear, 
Palmer, 

Parker  (Cullman), 
Pearce, 
Pettus, 
Phillips, 
Pillans, 
Pitts, 
Porter, 
Reese, 
Robinson, 
Rogers  ( Lowndes ) , 
Rogers  (Sumter), 
Samford, 
Sanders, 
Sanford, 
Searcy, 
Selheimer, 
S^oan, 

Smith  (Mobile), 
Smith,  Mac.  A. 
Smith,  Morgan  M., 
Sollie, 
Sorrell, 
Spears, 
Spragins, 
Stewart, 
Vaughan, 
Waddell, 
Walker, 
Watts, 
Weakley, 
Weatherly, 


Constitutional  Convention.  1067 

White,  Williams  (Marengo), 

Whiteside,  Williams  (Elmore), 

Willett,  Wilson  (Clarke), 

AVilliams  (Barbour),  Wilson  (Washington)  130. 

LEAVES   OF    ABSENCE. 

Was  grantt^<l  to  Messrs.  Henderson  for  Saturday  and 
Monday;  Sorrell  for  this  afternoon  and  Monday; 
Knight  for  to-morrow  and  Monday;  Williams  of  El- 
more, to-morrow  and  Monday;  >\Mlliams,  of  Barbour, 
^Monday  and  Tuesday  until  12  o'eloek;  Kirkland  for 
Saturday  and  Monday;  Sollie  for  this  afternoon  and 
Saturday;  Heflin,  of  Ivandolpli,  for  Saturday;  Howze, 
Burnett,  Norwood  for  Saturday  and  Monday;  Long,  of 
Butler,  for  Saturday;  Bulger  for  this  afternoon  and 
Saturday;  Vaughan  for  Saturday;  Martin  for  ^lon- 
dny,  Tuesday  and  Wednesday;  Oj)])  for  yesterday  and 
this  evening. 

REPORT  OF  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to  report  that 
they  have  examined  the  Journal  for  the  sixtieth  day 
of  the  Convention,  and  that  the  same  is  correct; 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

RESOLT'TIOXS    ON    FIRST    READING. 

The  following  I'esolution  was  introduced,  read  one 
time  at  length,  and  referred  to  appropriate  committee 
as  follows : 

Besolutiou  283,  by  Mr.  Waddell : 

Be  it  resolved  that  the  Secretary  of  this  Convention 
be  and  he  is  hereby  authorized  to  contract  with  some 
competent  person  for  the  enrollment,  on  animal  parch- 
ment, with  India  ink,  the  Constitution  upon  its  adopt- 
ion bv  this  Convention. 


1068  Journal  of  Alabama 

The  resolution  was  referred  to  the  Committee  on 
Engrossment. 

STENOGRAPHIC    REPORT. 

Messrs.  Sanford  and  Rogers  of  Sumter  called  the  at- 
tention of  the  Convention  to  certain  errors  in  the  steno- 
graphic report  of  the  proceedings  of  yesterday;  and 
Mesrs.  Burns  and  Burnett  also  called  the  attention  of 
the  Convention  to  certain  errors. 

The  report  was  ordered  corrected. 

QUESTION   OF   PERSONAL   PRIVILEGE. 

^Ir,  Saniford  arose  to  a  question  of  personal  privilege 
and  proceeded  to  state  his  question  of  personal  privi- 
lege. 

PRIVILEGES  OF  THE  FLOOR. 

On  motion  of  Dr.  Cunningham,  the  privileges  of  the 
floor  were  extended  to  Hon.  T.  Y.  Huffman  and  ex- 
Senator  Alexander. 

REPORT   OF   STANDING   COMMITTEES, 

Mr.  Samford,  chairman  of  the  Committee  on  En- 
grossment, reported  the  following  resolution  adversely : 

Resolution  195,  by  Mr.  Carmichael,  of  Colbert: 

Be  it  resolved  that  the  engrossing  and  enrolling  clerk 
of  the  Convention  be  and  she  is  hereby  authorized  to 
employ  such  assistants  as  may  be  necessary  to  properly 
discharge  the  duties  of  lier  office.  This  resolution  shall 
take  effect  on  and  after  the  24tli  day  of  June. 

Resolution  199,  by  Mr.   Howell : 

Resolved,  That  whatever  clerical  assistance  may  be 
necessaiy  to  be  employed  by  the  enrolling  and  engross- 
ing clerk  of  this  Convention,  it  be  paid  for  at  the  rate 
of  15  cents  per  100  words  for  such  assistant  clerical 
work. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

On  motion  of  Mr.  Samford,  the  above  resolutions  set 
out,  were  laid  upon  the  table. 


COxNSTITUTIONAL  CONVENTION.  1069 

RECESS. 

On  motion  of  Mr.  Samford  the  Convention  recessed 
until  10  o'eloelj;  in  order  to  give  tlie  Committee  on 
Suffrage  and  Elections  time  to  make  a  report. 

The  honr  of  10  o'clock  having  arrived,  tlie  Conven- 
tion was  called  to  order. 

UNFINISHED    BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  tlie  report  of  the 
Committee  on  Suffrage  and  Elections. 

On  motion  of  Mr.  White,  Section  12 : 

Sec.  12.  From  and  after  the  first  day  of  January, 
1903,  au}^  applicant  for  registration  ma}-  be  required 
to  state  under  oath,  to  be  administered  by  the  Regis- 
trar or  by  any  person  authorized  by  law  to  administer 
oaths,  where  he  lived  during  the  five  ^'ears  next  pre- 
ceding the  time  at  which  he  applies  to  register,  and  the 
name  or  names  that  he  was  known  by  during  that  per- 
iod, and  the  name  of  his  employer  or  employers,  if  any, 
during  such  period.  Auj^  applicant  for  registration  who 
refuses  to  state  such  facts,  or  any  of  them,  shall  not  be 
entitled  to  register,  and  any  person  so  ofl'ering  to  regis- 
ter, Avho  wilfully  makes  a  false  statement  in  regard  to 
such  matters  or  any  of  them,  shall  be  guilty  of  perjury. 

Which  was  recommitted  to  the  Committee  on  Suffrage 
and  Elections,  on  yesterday,  was  adopted,  as  originally 
reported  by  the  Committee  on  Suffrage  and  Elections. 

SECTION  FOURTEEN. 

Mr.  White,  acting  chairman  of  the  Committee  on 
Suffrage  and  Elections,  offered  the  following  amend- 
ment to  Section  14,  said  section  having  been  recom- 
mitted to  the  committee  on  yesterday  : 

The  amendment  was  read  at  length  as  follows : 

Amendment  by  Committee  on  Suffrage  and  Elec- 
tions : 

Amend  Section  11  by  adding  to  the  end  of  the  sec- 
tion .the  followino; : 


1070  Journal  of  Alabama 

''Tlie  Legislature  shall  hy  law  provide  for  purg- 
ing 'the  registration  list  of  the  names  of  those 
who  die,  become  insane,  eonvicted  of  crime  or  other- 
Avise  discpialitied  as  electors  under  the  provisions  of 
this  Constitution,  and  of  any  whose  names  may  have 
been  fraudulently  entered  on  such  list  by  the  IJegis- 
trars;  provided,  that  a  trial  by  jui-y  may  be  had  on  the 
demand  of  any  person  whose  name  is  proix)sed  to  be 
stricken  from  the  list."' 

On  motion  of  Mr.  White  the  amendment  was  adoi)ted. 

On  motion  of  Mr.  White,  Section  14,  as  amended, 
Avas  adopted. 

SECTION   EKJ HTEEN. 

Mr.  White,  acting  chairman  of  the  Committee  on 
Suffrage  and  Elections,  reported  the  following  substi- 
tute for  Section  18,  which  was  recommitted  to  the 
committee  on  yesterday : 

The  substitute  reads  as  follows: 

Substitute  for  Section  IS,  by  Committee  on  Suffrage 
and  Elections: 

Sec,  18.  The  poll  tax  mentioned  in  this  article  shall 
be  |1.5t)  upon  each  male  inhabitant  of  the  State  over 
the  age  of  21  years  and  under  the  age  of  00  years,  who 
would  not  now  be  exempt  by  law;  provided,  that  those 
male  inhabitants  of  the  State  who  shall  be  of  or  reach 
the  age  of  45  years  on  or  before  the  first  day  of  Janu- 
arj,  1903,  shajl  not  thereafter  be  required  to  pay  a 
poll  tax ;  such  poll  tax  shall  become  due  and  payable 
on  the  first  day  of  October  in  each  year,  and  become 
delin(|uent  on  the  first  day  of  the  next  succeeding  Febini- 
-iiry;  but  no  legal  process  or  any  fee  or  conimission  shall 
lie  allowed  for  the  collection  thereof.  The  tax  collector 
shall  make  returns  of  poll  tax  collections  separate  from 
'other  collections.  The  ]»oll  tax  shall  be  ai)]»lied  ex- 
cusively  to  the  sup])ort  of  the  j)ublic  schools  of  the 
county  in  which  it  is  collected. 

Mr.  Pitts  offered  the  followiTig  substitute  for  the 
substitute  offered  by  the  Committee  on  Sutt"rage  and 
Elections : 


Constitutional  Convention. 


1071 


Sec.  18.  The  poll  tax  mentioned  in  this  article  shall 
be  |1.50  ni>ou  each  male  inhabitant  of  the  State  over 
the  age  of  21  years  and  nuder  the  age  of  45  years,  who 
would  not  now  be  exempt  by  law.  Such  poll  tax  shall 
become  due  and  payable  on  the  first  day  of  October  iu 
each  year,  ;iud  become  delin([uent  on  the  first  day  of  the 
next  succeeding-  February,  but  no  legal  process  nor  any 
fee  or  commission  shall  be  allowed  for  the  collection 
thereof.  The  tax  collector  shall  make  returns  of  i)oIl 
tax  collections  separate  from  other  collections. 

Mr.  Hood  moved  to  table  the  substitute  offered  bv 
Fitts. 

The  nu)tion  to  table  prevailed:  Yeas,  07;  nays,  60. 


YEAS. 


Messrs.  President, 

Banks, 

Bulger, 

Burnett, 

Burns, 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Walker), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Dent, 

Eley, 

I'^oster, 

O  lover, 

rrraham  (Talladega), 

Grant, 

Greer  (Perry), 

Harrison, 

Heflin  (Chambers), 

Hinson, 

Hood. 

Howze, 


Jackson, 

Jenkins, 

Jones  (Wilcox), 

Kirkland, 

Kniiihi, 

Kyle, 

Lomax, 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

^  la  lone, 

Maxwell, 

Merrill, 

Miller  (Wilcdx), 

Morrisette, 

.Murphree, 

N'f^Smith, 

Xorman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Palmer, 

Parker  (Cullman), 

Pillans, 

Pitts, 


1072 


Journal  of  Alabama 


Reese, 

Kogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sellieimer, 

Smith  (Mobile), 

Spragins, 

Stewart, 

Tayloe, 


Almoii, 

Altman, 

Aslicraft, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bvars, 

Cardon, 

Davis  (Etowah), 

Duke, 

Fitts, 

Fletcher, 

Foshee, 

Freeman, 

Graham  ( Montgomery ) , 

Haley, 

Handley, 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Howell, 

Inge, 

Jones  (Bibb), 

Kirk, 


Vaughan, 

Waddell, 

NA^alker, 

Watts, 

Weatherly, 

White, 

Williams  (Barbour^ 

Winn— 67. 


NAYS. 


Ledbetter, 

Leigh, 

Long.  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Jefferson), 

Martin, 

Miller  (Marengo), 

.Moodv, 

O'Rear, 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Reynolds  (Chilton), 

Robinson, 

Sanders, 

Sanford, 

Sloan, 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Thompson, 

Weakley, 

W^nteside, 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  ( Washington )— 60. 


Constitutional  Convention.  1073 

pairs  announced. 

The  following  pairs  were  announced: 

Messrs.  Cannichael  of  Colbert,  and  ^Villiams  of  El- 
more, Evster  and  Cofer,  Coleman  of  Greene  and  Mnl- 
key,  deGraffenried  and  Porter.  Messrs.  Carmicliael 
of  Colbert,  Evster,  Coleman  of  Greene,  and  deGraffen- 
ried would  vote  aye;  and  Messrs.  Williams  of  Elmore, 
Cofer,  Mulkey  and  Porter  would  vote  nay. 

Mr.  Smith,  of  Mobile,  offered  the  following  substitute 
for  the  substitute  offered  by  the  committee : 

Substitute  to  Section  18  of  the  report  of  the  Com- 
mittee on  Suffrage  and  Elections: 

By  striking  from  the  third  line  from  the  bottoui 
the  words  "but  no  legal  process  nor  any,"  and  inserting 
before  the  word  "fee"  in  the  same  line  the  word  "no," 
and  by  striking  out  the  word  "thereof"  in  the  fii'st  line 
on  the  2otli  page  of  the  Section,  and  adding  where  the 
word  "thereof"  was,  the  words  "of  any  poll  tax  before 
it  becomes  delinquent,  nor  shall  there  ])e  an}^  process 
for  its  collection  until  April  1st  thereafter." 

On  motion  of  Mr.  Eeese  the  substitute  was  laid  upon 
the  table. 

Mr.  Browne  offered  the  folloAving  amendment  to  the 
substitute  offered  by  the  committee : 

Strike  out  the  words  "over  the  age  of^  21  years  and 
under  the  age  of  60  years,  who  would  not  now  be  ex- 
emjDt  by  law,  provided  that  those  male  inhabitants  of 
the  State  who  shall  reach  the  age  of  45  years  on  or  be- 
fore the  first  day  of  January,  1903,  shall  not  thereafter 
be  required  to  pay  poll  tax,"  and  insert  in  lieu  thereof 
^'between  the  ages  prescribed  by  law,  and  who  would 
not  now  be  exempt  by  law." 

EECESS, 

The  hour  of  1  o'clock  p.  m.  arrived,  and  under  the 
rules  the  Convention  recessed  until  3  :30  this  afternoon. 

68 


1074 


Journal  of  Alabama 


AFTERNOON  SESSION. 
The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names^  which  consti- 
tuted a  quorum : 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Ccirddn, 

Carmichael  ( Colhort ) , 

Carmichael  (Coffee), 

Carn<itlion, 

Clin|)niJUK 

Cobb, 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningbain, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Duke, 


Eley, 

Ferguson, 

F'ltts, 

Fletcher, 

Foshee, 

Foster, 

Gilmore, 

Glover, 

( jrraham  ( Montgomery ) ,. 

Graham  (Talladega). 

Grant, 

(jreer  (Perry), 

Haley, 

FT  and  ley, 

Harrison, 

lleflin  (Chambers), 

Heflin  (Randolph), 

flenderson, 

Hinson, 

1  lodges. 

Hood, 

'lowcll, 

Howze, 

Inge, 

Jnckson, 

Jenkins, 

•Tones  (Bibb), 

Jones  (Hale), 

Jones  (^fontgomery), 

■^'>nes  (Wilcox), 

TCirk, 


Constitutional  Convention. 


1075. 


Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

:\Ii]ler  (Wilcox), 

Moodv, 

Morrisette, 

Mulkey, 

Miirphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale),. 

O'Neill,  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  ( Cullman ), 

Parker  ( Elmore)  ,^ 

Pearce, 

Pet  tus, 

Pillans, 

Pitts, 

Reese, 


Kenfro, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson, 

Rogers   ( ] iowudes ) , 

Rogers  (Sumter), 

Samford, 

Siaiders, 

San  ford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M.. 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 
Vaughan, 

Waddell, 

Walker, 

Watts, 
Weakley, 
Weatherly, 
White, 
Whiteside, 

Williams  (Barbour), 
Williams  ( Marengo ) , 
Williams  (Elmore), 
Wilson  (Clarke), 

Wilson  (Washington), 
Winn— 137. 


1076 


Journal  of  Alabama 


UNFINISHED   BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Suffrage  and  Elections. 

The  question  recurred  upon  the  adoption  of  the 
amendment  offered  hj  Mr.  Browne  to  the  substitute  of- 
fered b}^  tlie  Committee  on  Suffrage  and  Elections. 

Mr.  White  moved  to  table  the  amendment  offered  by 
Mr,  Browne. 

The  amendment  was  laid  upon  the  table :  Yeas,  6-> ; 
nays,  59. 

YEAS. 


Messrs.  President, 

Almon, 

Altman, 

Banks, 

Boone, 

Burnett, 

Burns, 

Carmichael  (Colbert), 

Carnathon, 

Chapman, 

Coleman  (Walker), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Dent, 

Eley, 

Ferguson, 

Fletcher, 

Foster, 

Gh)ver, 

Graham  (Talladega), 

Grant, 

Greer  (Perry), 

Harrison, 
ninson. 

Hood, 
Howze, 


Jenkins, 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kyle, 

Lomax, 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

Parker  (Cullman), 

Pi  Hans, 

Pitts, 

Reese, 

Tvogers   ( Lowndes ) , 

Rogers  (Sumter), 

San  ford, 

Selheinier, 

Smith  (Mobile), 


Constitutional  Convention. 


107T 


Spragins, 

Stewart, 

Tayloe, 

Vaiighan, 

Waddell, 


Messrs.  Ashcraft, 

Barefleld, 

Beavers, 

Beddow, 

Blaekwell, 

Boone, 

Browne, 

Byars, 

Cardon, 

Carmichael  (Coffee), 

Cobb, 

Cornwell, 

Davis  (Etowah), 

Duke, 

Fitts, 

Freeman, 

Graham  (Montgomery), 

Haley, 

Handley, 

Heflin  (Chambers), 

Hellin  (Randolph), 

Henderson, 

Hodges, 

How^ell, 

Inge, 

Jackson, 

Jones  (Bibb), 

Kirk, 

Knight, 

Ledbetter, 


Walker, 
Watts, 
Weatherly, 
White— 63.. 


nays. 


Leigh, 

Long  (Walker), 
Lowe  (Jefferson), 
Lo  we  ( La wrence ) , 
McMillan  (Bald win >. 
Martin, 

Miller  (Marengo), 
Moody, 
Miirphree, 
O'Rear, 
Palmer, 

Parker  (Elmore), 
Pearce, 
Pettiis, 
Phillips, 
Robinson, 
Samford, 
Sanders, 
Sniitii,  Mac.  A., 
Smith,  Morgan  M. 
Spears, 
Thompson, 
Weakley, 
Whiteside, 

Williams  (Barbour), 
Williams  ( Marengo  ),^ 
Williams  (Elmore), 
Wilson  (Clarke), 
Winn— 59. 


PAIRS   ANNOUNCED. 

The  following  pairs  were  announced : 
Messrs.   Eyster  and   Cofer,   deGraffenried   and   Por- 
ter, Greer  of  Calhoun  and  Sloan.     Messrs.  Eyster,  de- 


1078 


Journal  of  Alabama 


Graffenried,  Greer  of  Calhoun,  would  vote  aye;  and 
Messrs.  Gofer,  Porter,  Sloan  would  vote  nay. 

Mr.  Samford  moved  to  reconsider  the  vote  by  which 
the  previous  question  was  ordered,  on  the  pending  sub- 
stitute and  amendment  to  the  substitute. 

The  Chair  ruled  that  the  motion  was  not  in  order. 

Thereupon  Mr.  Samford  moved  that  the  rules  be 
suspended  in  order  that  he  could  move  a  reconsideration 
of  the  vote  by  which  the  previous  question  was  ordered. 

The  motion  to  suspend  the  rules  prevailed :  Yeas,  82 ; 
oaays,  36. 

YEAS. 


Messrs.  Almon, 

Haley, 

Ashcraft, 

Handley, 

Barefleld, 

Harrison, 

Bartlett, 

Ueflin  (Chambers), 

Beavers, 

lleHiu  (Randolph), 

Beddow, 

Henderson, 

•Bethune, 

Hinson, 

Blackwell, 

Hodges, 

Boone, 

Hood, 

Brooks, 

Howell, 

Browne, 

Inge, 

Byars, 

•  Inckson, 

"Oarmichael  (Coffee), 

Jenkins, 

Cobb, 

•fones  (Bibb), 

Coleman  (Walker), 

Jones  ( Montgomery ) , 

Cornwell, 

Kirk. 

Craig, 

Knight, 

Cunningham, 

l.eigh. 

Davis  (DeKalb), 

Lomax, 

Dent, 

Long  (Walker), 

Duke, 

Lowe  (Jefferson), 

Fitts, 

Macdonald, 

Fletcher, 

McMillan  (Baldwin), 

Foster, 

Maxw.-ll, 

Freeman, 

Miller  (Marengo), 

•Graham  (Montgomery), 

"\roody. 

Greer  (Perry), 

>ii!r])hree, 

Constitutional  Convention. 


1079 


NeSmith, 

Norwood, 

Oates, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Parker  ( Cullman ), 

Parker  (Elmore), 

Pearce, 

Phillips, 

Eeese, 

Rogers  (Lowndes), 

Samford, 


Sanders, 

Sanford, 

iSeiheimer, 

Si>ears, 

Spragins, 

Thompson, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke) 

Winn— 82. 


NATS. 


Messrs.  President, 

Banks, 

Burnett, 

Burns, 

Oarmichael   (Colbert), 

Carnathon, 

Davis  (Etowah), 

Eley, 

Ferguson, 

Olover, 

Graham  (Talladega), 

Grant, 

Howze, 

Jones  (Wilcox), 

Kyle, 

LedlT^tter, 

Lowe  (Lawrence), 

McMillan  (Wilcox), 


Martin, 

Merrill, 

Miller  (Wilcox), 

Norman, 

Pettus, 

Pillans, 

Pitts, 

Robinson, 

Rogers  (Sumter), 

Sloan, 

Smith,  Mac.  A., 

Smith,  Morgan  ]\L 

Stewart, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Williams  (Barbour)— 36. 


pairs  announced. 

The  following  pairs  w^ere  announced : 

Messrs.  Cofer  and  Eyster,  Porter  and  deGraffenried. 
Messrs.  Cofer  and  Porter  would  Tote  aye,  and  Messrs. 
Eyster  and  deGraffenried  would  vote  nav. 


1080 


Journal  of  Alabama 


Mr.  Samford  moved  to  reconsider  the  vote  by  whicli 
the  previous  question  was  ordered. 

The  motion  prevailed. 

Mr.  Samford  offered  the  following  substitute  for  the 
substitute  offered  by  the  committee: 

Sec.  18.  The  poll  tax  mentioned  in  this  article  shall 
be  |1.50  upon  each  male  inhabitant  of  the  State  over 
the  age  of  21  years,  and  under  the  age  of  60  years,  wha 
would  not  now  be  exempt  by  law,  except  on  account  of 
age;  such  poll  tax  shall  become  due  and  payable  on  the 
first  day  of  October  in  each  year,  and  become  delinquent 
on  the  first  day  of  the  next  succeeding  February,  but  no 
legal  process  nor  any  fee  nor  commission  shall  be  al- 
lowed for  the  collection  thereof.  The  tax  collector  shall 
make  returns  of  poll  tax  collections  separate  from  other 
collections,  and  all  monies  collected  under  this  section 
shall  be  applied  to  the  public  schools  in  the  county  in 
which  the  same  is  collected. 

Mr.  Grant  moved  to  table  the  substitute  offered  by 
Mr.  Samford. 

The  motion  to  table  was  lost:  Yeas,  51;  nays,  67. 

YEAS. 


Messrs.  President, 

Burnett, 

Byars, 

Cardon, 

Oarmichael   ( Colbert ^ 

Carmichael  (Coffee), 

Carnathon, 

Craig, 

Davis  (Etowah), 

Duke, 

Elev, 

Fitts, 

Fletcher, 

Freeman, 

Glover, 

Grant, 

Handley, 


Hefliu  (Randolph), 

Henderson, 

Rinson, 

Hodges, 

Howze, 

Jones  (Wilcox), 

l-edbetter, 

McMillan  (Baldwin), 

Mai  one, 

Martin, 

Merrill, 

Miller  (Wilcox^ 

Moody, 

Norman, 

O'Neal  (Lauderdale), 

Parker  (Cullman), 

Pettus, 


Constitutional  Convention. 


1081 


Robinson, 

Rogers  (Sumter), 

Sanders, 

Sloan, 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Spears, 

Thompson, 

Waddell, 


Walker, 
Watts, 
Weakley, 
W^atherly, 
Williams  (Barbour), 
Williams  (Marengo), 
Williams  (Elmore), 
Wilson  (Clarke)— 51. 


Messrs.  Almon, 

Banks, 

Barefield, 

Bartlett, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burns, 

Chapman, 

Cobb, 

Coleman  (Walker), 

Cornwell, 

Cunningham. 

Davis  (DeKalb), 

Dent, 

Ferguson, 

Foster, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Greer  (Perry), 

Haley, 

Harrison, 

Heflin  (Chambers), 

H(.f.d 

Inge, 

Jackson, 


nays. 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery),. 

Knight, 

Kyle, 

Leigh, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

.^^acdonald, 

McMillan  (Wilcox), 

Maxwell, 

Miller  (Marengo), 

Murphree, 

NeSmith, 

Norwood, 

Gates, 

Opp, 

O'Rear, 

Palmer, 

Parker  (Elmore), 

Pearce, 

T^liillips, 

Pillans, 

Pitts. 

Reese, 

Rogers  (Lowndes).. 

Samford, 


1082 


Journal  of  Alabama 


Sauford,  Vaughan, 

Sellieimer,  White, 

Spragins,  Whiteside, 

Stewart,  Winn — 67. 
Tayloe, 

The  question  recurred  upon  the  adoption  of  tlie  sub- 
stitute offered  by  Mr.  Samford  for  the  substitute  of- 
fered by  the  committee. 

The  substitute  offered  by  Mr.  Samford  Avas  adopted. 

The  question  recurred  upon  the  adoption  of  Section 
18  as  amended. 

Section  18,  as  amended,  was  lost :  Yeas,  55 ;  nays,  65. 


YEAS. 


Messrs.  President, 

Banks, 

Beddow, 

Blaclvwell, 

Boone, 

Brooks, 

Burns, 

Chapman, 

Cobb, 

Coleman  (Walker), 

Cornwell, 

Craig, 

-Cunningham, 

Davis  (DeKalb), 

Dent, 

FergUf3cn, 

Fletcher, 

Foster, 

Oraham  (Talladega), 

Harrison, 

Hood, 

Jackson, 

Jenkins, 

Jones  (Hale), 

Jones  ( Montgomery ) , 

Knight, 

Kyle, 

Lomax, 


Lowe  (Jefferson), 

Macdonald, 

McMillan  (Wilcox), 

Murphree, 

NeSmith, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Palmer, 

Parker  (Elmore), 

Pillans, 

Pitts, 

Keese, 

Kogers  (Lowndes), 

Samford, 

Sanford, 

Sellieimer, 

Spragins, 

Stewart, 

Tayloe, 

Vaughan, 

Waddell, 

Weatherly, 

White, 

Whiteside, 

Williams  (Elmore), 

Winn— 55. 


Constitutional  Convention. 


1083 


NAYS. 


Messrs.  Almon, 

Barefield, 

Bartlett, 

IJeavers, 

Betliune, 

Browne, 

Byars, 

Cardon, 

Carmicliael  ( Colbert ) , 

Carmicliael  ( Coffee ) , 

Carnathon, 

Davis  (Etowah), 

Duke, 

Eley, 

Fitts, 

I-'reeman, 

Glover, 

Graham  ( Montgomery ) , 

Grant, 

Haley, 

Handley, 

Ileflin  ( Chambers ) , 

Ileliin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Howell, 

Howze, 

Inge, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 

Ledbetter, 


Leigh, 

Long  (Walker), 

Lowe  (Lawrence), 

McMillan  (Baldwin), 

]\Lilone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox  ), 

Moody, 

Norman, 

Opp, 

O'Rear, 

l*arker  (Cullman), 

Pearce, 

Pettus, 

Phillips, 

Robinson, 

Ivogers  (Sumter), 

Sanders, 

Sloan, 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Spears, 

Thompson, 

Walker, 

Watts, 

Weakley, 

Williams  (Barbour), 

Williams  (Marengo), 

AVilson  (Clarke)— 65. 


PAIRS  ANNOUNCED. 


The  following  pairs  were  announced: 

Alessrs.  Burnett,  Long  of  Bulter,  deGraffenried  and 
Porter.  Messrs.  Burnett  and  deGraffenried  would 
vote  aye ;  and  Messrs.  Long  of  Butler,  and  Porter  would 
vote  nav. 


1084  Journal  of  Alabama 

The  point  of  order  was  raised  that  the  question  re- 
curred upon  the  original  Section  18,  as  reported  by  the 
committee. 

Tlie  Chair  (Mr.  Graham,  of  Talladega,  presiding) 
held  on  the  i>oint  of  order  raised  by  Mr.  Knox,  tliat 
Section  18  was  before  the  Convention. 

Section  18,  as  originalh'  reported  by  the  Committee 
on  Suffrage  and  Elections,  was,  on  motion  of  Mr.  White, 
adopted. 

SIXTIOX   XIXETEEX. 

The  ([uestion  recurred  upon  tlie  amendment  to  Sec- 
tion 19  offered  by  Mr.  Sorrell  on  yesterday,  and  the 
amendment  to  the  amendment  offered  by  Mr.  Samford. 

On  motion  of  ]Mr.  White,  the  pending  amendments 
were  laid  upon  the  table. 

Thereupon  Mr.  White,  acting  chairman  of  the  Com- 
mittee on  Suffrage  and  Elections,  offered  the  follow- 
ing substitute  for  Section  19: 

If  any  section  or  subdivision  of  this  article  shall,  for 
any  reason,  be  or  be  held  l>y  any  court  of  competent 
jurisdiction,  and  on  final  resort,  to  be  invalid,  inoper- 
ative or  void,  the  residue  of  the  article  shall  not  be 
thereby  invalidated  or  affected. 

Mr.  Harrison  off'ered  the  following  auu^udment  to  tlie 
substitute : 

Amend  by  adding  at  end  of  Section  tlie  following 
words,  to-wit : 

Provided,  that  the  Boards  of  Registration  appointed 
for  the  several  counties,  shall  prepare  and  file,  as  re- 
quired by  the  seventh  subdivision  of  Section  10  of  this 
article,  three  separate  and  distinct  lists  of  those  regi  ;- 
tered,  by  their  showing  ui)on  one  those  who  registered 
under  the  first  subdivision  of  Section  4;  on  another 
those  who  registered  under  the  second  subdivision  of 
said  section;  and  another  tluise  who  registered  under 
the  third  subdivision  of  said  section. 

On  motion  of  Mr.  Weatberly  the  amendment  was 
laid  upon  the  table. 


CONSTITUTIOXAL  CONVENTION.  1085 

Mr.  Sanders  offered  the  following  substitute  for  the 
■substitute  reported  by  tlie  committee: 

It  is  hereby  declared  that  the  Sutfrage  plan  con- 
tained in  this  article  is  not  one  and  indivisible;  but 
that  each  provision  thereof  is  separate,  distinct,  inde- 
l)endent   and  diyisible. 

On  motion  of  Mr.  Knox  the  substitute  offered  by  Mr. 
Sanders  was  laid,  upon  the  table. 

The  question  recurred  upon  the  adoption  of  the 
substitute  offered  bv  the  committee  for  Section  19. 

]Mr.  Sanders  moved  to  table  the  substitute  offered  by 
the  committee  to  Section  19. 

The  motion  to  table  was  lost. 

Section  19,  as  amended  by  the  substitute,  was  there- 
upon adopted. 

Mr.  Sanford  offered  the  following  amendment,  to 
constitute  a  new  section : 

Section  — .  When  any  person  offers  to  vote,  the  re- 
turning officer  must  call  his  name  audibly  and  dis- 
tinctly; and  if  there  be  no  objection  as  to  the  qualifica- 
tions of  such  person  as  an  elector,  must  receive  his 
vote;  and  the  name  of  each  elector,  whose  ballot  has 
been  so  received,  must  be  taken  down  immediately  by 
the  clerk  or  clerks  on  separate  lists,  which  shall  be 
headed  "Names  of  Voters,"  and  called  poll  lists;  and 
the  number  of  the  order  in  which  such  elector  votes 
must  at  the  same  time  be  entered  by  each  clerk  against 
his  name,  and  number  the  ballot  by  the  same  number 
as  that  is  entered  against  the  voter's  name. 

On  motion  of  Mr.  Weatherly  the  amendment  of  Mr. 
Sanford  was  laid  upon  the  table. 

Mr.  Lowe,  of  Jefferson,  offered  a  substitute  for  the 
entire  article  on  Suffrage  and  Elections,  said  substi- 
tute to  be  taken  up  at  the  morning  session  of  to-morrow. 

AD.JOURNMENT. 

On  motion  of  Mr.  Barefield  the  Convention  adjourned 
until  9  :30  to-morrow  morning. 


1086 


JoL'RXAL  OF  Alabama 


SIXTY  SECOND  DAY. 

Convention  JIall. 

Montgomery,  Ala.,  Saturday,  August  3,  1901.. 

The  Couyentiou  met  pursuaut  to  adjourument. 
Prayer  was  offered  by  Rey.  Mr.  ^larsliall  of  the  citv. 


ROLL  CALL. 

On  a  call  of  the  roll  of  the  Conyention  the  following 
delegates  answered  to  their  names,  which  constitute  a 
quorum : 


Messrs.  President, 

Dent, 

Almon, 

deGraffenried, 

Ashcraft, 

Duke, 

Banks, 

Elev, 

Barefield, 

Fletcher, 

Bartlett, 

Foster, 

Beavers, 

Glover, 

Beddow. 

Graham  (Montgomery) 

Bethune, 

Graham  (Talladega), 

Blackwell, 

Greer  (Perry), 

Boone, 

Haley, 

Brooks, 

Handley,                  * 

Byars, 

Harrison, 

Cardon, 

Hodges, 

Carmichael  (Colbert), 

Hood, 

Carmichael  (Coffee), 

Howell, 

Carnathon, 

Inge, 

Chapman, 

Jackson, 

Cobb, 

Jones  (Bibb), 

Craig, 

Jones  ( Montgomery ) ,. 

Cunningham, 

King, 

Davis  (DeKalb), 

Kirk, 

Davis  (Etowah), 

Knight, 

Constitutional  Convention. 


i08,r 


Kyle, 

Leigh, 

Lomax, 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Maedonald, 

McMillan  ( Baldwin ) , 

McMillan  (Wilcox), 

M  alone, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Morrisette, 

Mulkey, 

Murphree, 

Norman, 

Norwood, 

Gates, 

Opp, 

O'Eear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 


Pillaus, 

Porter, 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 
Sanford, 

Selheimer, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A. 
j  Spears, 

Spragins, 

Stewart, 

Tayloe, 

Thompson^ 

Waddell, 

Walker, 

Watts, 

White, 

Whiteside, 

Williams  (Barbour), 
•  Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  (Washington) 
^^lnn— 98. 


LEAVE  OF   ABSENCE 


Was  granted  to  Messrs.  Parker  of  Cullman,  and  Eley 
for  to-day;  Pitts  and  Long  of  Walker  for  to-day  and 
Monday ;  Locklin  from  July  28  to  August  5 ;  Smith,  Mov- 
gan  M.,  for  to-day;  Bethune,  Monday  and  Tuesday;  ]Ma- 
lone  for  Monday ;  Altman  for  to-day  and  ]Mouday ;  Winn 
for  Monday  and  Tuesday;  O'Neal  of  Lauderdale  for 
]\ronday  and  Tuesday ;  Ledbetter  for  Monday  and  Tues- 
day ;  John  H.  Parker  for  Monday. 


1088  Journal  of  Alabama 

report  of  the  committee  on  the  journal. 
The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the 
sixty-first  day  of  the  Convention,  and  that  the  same  is 
correct. 

Respectfully  submitted, 

John  F.  Proctor^  Chairman. 

RESOLUTIONS  ON  FIRST  READING. 

The  following  resolution  was  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate  coni- 
mitteeSj  as  follows : 

Resolution  284,  by  Mr.  Williams,  of  Marengo : 

Resolved,  That  the  following  amendment  be  referred 
to  the  Committee  on  Judiciarj^,  to- wit : 

Amend  Sectiou  29  of  the  report  of  the  Committee  on 
Judiciary  b}^  striking  out  in  the  eighth  line  the  words 
"and  the  inferior  courts  herein  provided  for"  and  by  in- 
serting after  the  word  "ejectment"  in  the  tenth  line,  the 
following:  "And  the  inferior  courts  herein  i)rovided  for 
shall  have  such  jurisdiction  as  may  be  conferred  on  them 
by  law." 

The  resolution  was  referred  to  the  Committee  on 
Judiciary. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate  com- 
mitteess,  as  follows : 

Ordinance  437,  by  Mr.  Smith,  of  Mobile : 

To  exempt  maimed  soldiers  who  served  in  the  Confed- 
erate army  or  the  State  of  Alabama  in  the  war  between 
the  States. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

Ordinance  438,  by  Mr.  Williams,  of  Marengo: 


Constitutional  Convention.  1089 

Providing  for  the  suspension  of  the  net  passed  by  the 
G'eneral  Assembly  changing  the  county  seat  of  Shelhy 
County  from  Columbiana  to  Calera;  until  permanently 
located  by  a  vote  of  the  qualified  electors  of  the  county. 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  439,  by  Mr.  Samford: 

Providing  that  Section  2  of  the  article  on  Suffrage  and 
Elections  be  amended,  in  regard  to  the  voting  of  min- 
isters of  the  gospel. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

stenographic  report. 

Mr.  Sanders  called  the  attention  of  flie  Convention  to 
a  certain  error  in  the  stenographic  report  of  the  proceed- 
ings of  yesterday. 

The  report  was  ordered  corrected. 

Mr.  Samford  moved  that  when  the  Convention  ad- 
journ to-day  at  1  o'clock  that  it  adjourn  to  meet  at  11 
o'clock  on  Monday. 

The  motion  of  Mr.  Samford  prevailed. 

UNFINISHED    BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  th'^ 
Committee  on  Suffrage  and  Elections. 

The  question  was  upon  the  adoption  of  the  substitute 
offered  by  Mr.  Lowe,  of  Jefferson,  for  the  entire  arti- 
cle on  Suffrage  and  Elections. 

The  substitute  of  Mr.  Lowe  was  read  as  follows : 

An  Ordinance — 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assembled : 

Section  1.  Every  male  citizen  of  the  United  States, 
and  every  male  citizen  of  foreign  birth,  who  may  have 
legally  declared  his  intention  to  become  a  citizen  of  the 
United  States  before  he  offers  to  vote,  wlio  is  not  under 
21  years  of  age,  possessing  the  following  qualifications, 

69 


1090  Journal  of  Alabama 

sliall  be  an  elector  and  shall  be  entitled  to  rote  at  any 
election  hy  the  people,  except  as  hereinafter  provided: 

First — He  shall  have  resided  in  the  State  at  least 
two  years,  in  the  county  one  year,  and  in  the  precinct 
or  ward  three  months  immediately  preceding  the  elec- 
tion at  which  he  offers  to  vote;  provided,  that  any 
elector  who  within  three  months  next  precediu"-  the 
date  of  election  at  which  he  offers  to  vote,  has  removed 
from  one  precinct  or  ward  to  another  precinct  or  ward 
in  the  same  county  shall  have  the  right  to  vote  in  the 
precinct  or  ward  from  which  he  has  so  removed,  if  he 
would  have  been  entitled  to  vote  in  such  precinct  or 
ward  but  for  such  removal;  and  provided  also,  that  nc 
soldier,  sailor  or  marine  in  the  military  or  naval  ser- 
vice of  the  United  States  shall  acquire  a  residence  by 
being  stationed  in  this  State. 

Second — He  shall  have  made  a  contribution  to  the 
public  schools  of  |3.00,  by  all  electors  under  45  years 
of  age,  and  f  1.50  hy  all  electors  over  15  years  of  age,  by 
paying  that  amount  to  the  tax  collector  of  the  county 
during  the  mouths  of  January,  February  or  ^larch  of 
each  year  subsequent  to  the  last  general  election  and 
preceding  the  year  in  which  the  election  is  held  at 
which  he  sliall  offer  to  vote.  The  contribution  herein 
provided  for  shall  be  called  "the  school  contribution," 
and  the  amount  received  therefrom,  less  the  commis- 
sion allowed  by  law  to  the  collector,  shall  be  applied  to 
the  public  s(lu)ols  of  the  State;  provided,  however,  that 
the  General  Assembly  may  l>y  law  provide  that  the 
school  contribution  made  by  the  residents  of  the  sev- 
eral precincts  may  be  used  for  tlie  support  and  umin- 
tenance  of  the  public  schools  of  sucli  precincts.  It 
shall  be  the  duty  of  the  tax  collector  of  the  county  to 
issue  to  each  person  who  shall  make  the  school  contri- 
bution a  receipt  showing  correctly  tlie  date  of  piyment, 
the  name  of  said  persons,  and  the  precinct  and  county 
of  his  residence,  and  immediately  upon  said  payment 
being  made,  tlie  tax  collector  shall  enter  the  name  of  the 
])erson  contributing  in  a  well  bound  book  to  be  ke]it  for 
the  pui'pose,  or  allow  sudi  ])erson  to  write  his  own  uauu^ 
in  said  book,  which  shall  be  ruled  and  mark(>d  to  show 


Constitutional  Convention.  1091 

the  date  of  i)ayineiit  of  the  scluxd  eontribiition,  imme, 
age,  color  and  precinct  of  residence  of  the  persons  who 
make  the  same.  And  on  or  before  the  15th  day  of  April 
of  each  year  the  tax  collector  shall  certify  un<ler  oath 
and  file  in  the  office  of  the  .Tndi;e  of  Probate  of  his 
connty  an  accnrate  list  of  all  persons  who  during  the 
next  preceding  months  of  January,  February  and 
March,  liaye  made  the  school  contribution,  and  the 
Judge  of  Probate  shall,  within  ten  days  from  its  filing, 
cause  said  list  to  be  recorded  in  a  well  bound  book  to 
be  kept  for  the  purpose  and  designated  Kegistration  of 
Electors.  The  list  as  certified  by  the  tax  collector  and 
as  recorded  in  the  Probate  office  shall  designate  the 
name,  age,  color  and  precinct  of  residence  of  the  per- 
sons whose  names  appear  thereon.  The  Judge  of  Pro- 
bate shall  giye  notice  by  posting  at  some  conyenient 
place  at  the  court  house  and  by  publication  in  one  or 
more  newspapers  (jf  general  circulation,  if  any  be  pub- 
lished in  the  county,  once  a  week  for  three  successiye 
weeks,  that  the  list  has  been  filed  in  his  office,  and  the 
said  notice  shall  l)e  giyen,  <^r  the  first  insertion  thereof, 
be  made  within  ten  days  from  the  date  of  said  filing  of 
the  list  by  the  tax  collector,  and  any  citizen  whose 
name  does  not  appear  on  said  list  may,  before  the  31st 
day  of  May  of  each  year,  haye  the  right  to  apply  to  the 
Judge  of  Probate  to  enter  his  name  thereon,  and  upon 
due  proof  that  the  school  contribution  was  made  by 
such  person  ^^-itllin  the  time  allowed  therefor,  it  shall 
be  the  duty  of  the  Judge  of  Probate  to  enter  his  name 
as  an  elector  at  the  foot  of  said  list  as  recorded  with 
appropriate  remarks  indicating  that  said  person's  name 
had  been  improperly  omitted;  and  upon  the  refusal  of 
the  Judge  of  Probate  to  enter  the  name  of  any  appli- 
cant as  an  elector,  the  latter  may  appeal  from  tlu'  judg- 
ment or  decision  of  the  Judge  of  Probate  to  the  Circuit 
Court  of  his  county,  and  the  judgment  of  the  Circuit 
Court  upon  such  matter  shall  be  final.  The  General 
Assembl}^  shall  proyide  by  law  a  method  of  exj)unging 
from  the  Registration  of  Electors  any  name,  or  names 
improperly  placed  on  the  list  certified  by  the  tax  col- 


1092  Journal  or  Alap.ama 

lector  or  recorded  by  the  Judge  of  Probate  or  added 
to  either  of  said  lists  by  any  person.  Tlie  tax  collectors 
of  the  several  counties  shall  remit  to  the  State  Auditor 
within  the  first  fifteen  days  of  April  of  each  year  the 
amount  received  by  them  respectively  u])on  the  school 
contribution,  less  their  rcimmission.  It  sliall  be  unlaw- 
ful for  any  tax  collector  to  receive  any  school  contribu- 
tion for  any  year  after  the  31st  day  of  March  of  that 
year,  and  any  tax  collector  who  wilfully  oi-  intentionally 
adds  to  or  omits  from  the  list  lierein  riMiuired  to  be 
certified,  and  any  Judge  of  Probate  who  wilfully  or  in- 
tentionally fails  to  accurately  record  the  list  certified, 
shall  be  guilty  of  a  felony.  No  person  whose  name  does 
not  appear  on  the  said  certified  list  and  Kegistration  of 
Electors  for  the  year  next  preceding  that  on  which  the 
election  is  held,  shall  be  entitled  to  vote,  except  that  in 
case  of  application  by  a  citizen  to  have  his  name  added 
and  the  judgment  favoralde  thereto  of  the  Judge  of 
Probate  or  Circuit  Court,  such  person  may  vote,  as 
though  his  name  were  on  said  list;  provided,  that  noth- 
ing herein  shall  l)e  construed  to  exclud<'  from  voting 
any  soldier  or  sailor  who  has  fought  or  was  actually 
enlisted  on  either  side  in  the  war  between  the  States, 
or  who  has  fought  or  was  actually  enlisted  in  any 
war  to  which  the  United  States  was  a  party,  but  all 
such  soldiers  and  sailors  otherwise  qualified  may  vote 
without  having  made  the  school  contribution. 

Sec.  2.  All  elections  by  the  people  shall  be  by  bal- 
lot, and  all  elections  by  persons  in  a  representative 
capacity  shall  be  viva  voce. 

Sec.  3.  The  following  persons  shall  be  disqualified, 
both  from  registering  and  from  voting,  namely : 

All  idiots  and  insane  persons,  those  who  shall  by  rea- 
son of  conviction  of  crime  be  disqualified  from  voting  at 
the  time  of  the  ratification  of  this  Constitution ;  and 
those  who  shall  be  convicted  of  treason,  murder,  ar- 
son, embezzlement,  malfeasance  in  office,  larceny,  re- 
ceiving stolen  property,  obtaining  property  or  money 
under  false  pretense,  perjury,  subornation  of  perjury, 
robbery,  assault  with  intent  to  rob,  burglary,  forgery, 
bribery,  assault  and  battery  on  the  wife,  bigamy,  living 


Constitutional  Convention.  1093 

in  ailnltei-y,  sodomy,  incest,  rape,  niiscegenution,  crime 
against  nature,  or  any  crime  punishable  by  imprison- 
ment in  the  penitentiary,  or  of  any  infamous  crime  or 
crime  involving  moral  turpitude;  also  any  person  who 
shall  be  convicted  as  a  vagrant  or  a  tramp,  or  of  sell- 
ing or  offering  to  sell  his  vote  or  the  vote  of  another^ 
or  buying  or  offering  to  buy  the  vote  of  another  in  any 
election  hy  the  peoj^le,  or  in  any  primary  election  or  to» 
procure  the  nomination  or  election  of  any  person  to 
any  office,  or  of  suborning  any  witness  or  registrar  to 
secure  the  registration  of  any  person  as  an  elector. 

Sec.  4.  No  person  shall  be  qualified  to  vote  or  par- 
ticipate in  any  primary  election,  party  convention,  mass 
meeting  or  other  method  of  part^^  action  of  any  poli- 
tical party  or  faction,  who  shall  not  passess  the  quali- 
fications prescribed  in  this  article  for  an  elector,  or 
who  shall  be  disqualified  under  the  provisions  of  this 
article  from  voting. 

Sec.  5.  No  person  not  registered  and  qualified  as 
an  elector  under  the  provisions  of  this  article  shall 
vote  at  any  State,  county  or  municipal  election,  gen- 
eral, local  or  special,  held  subsequent  to  the  general 
election  in  1902;  but  the  provisions  of  this  article  shall 
not  apply  to  any  election  held  prior  to  the  general  elec- 
tion in  1902;  and  any  elector  who  shall  comply  with 
the  provisions  hereof  in  the  year  1902  shall  be  entitled 
to  vote  in  such  election. 

Sec.  ().  Any  elector  whose  right  shall  be  challenged 
for  any  legal  cause  before  an  election  officer  shall  be 
required  to  swear  or  affirm  that  the  matter  of  the  chal- 
lenge is  untrue  before  his  vote  shall  be  received,  and 
anv  one  who  wilfully  swears,  or  affirms,  falsely  there- 
to, shall  be  guilty  of  perjury. 

Sec.  7.  In  the  trial  of  any  contested  election  in  any 
proceedings  to  investigate  anv  election,  no  ijerson  other 
than  a  defendant  shall  be  allowed  to  withhold  his  tes- 
timonv,  on  the  ground  that  he  may  criminate  himself, 
or  subject  himself  to  public  infamv;  but  such  person 
shall  not  be  prosecuted  for  any  offense  arising  out  of 
the  transaction  eoncerning  which  he  testifies,  but  mav 


1094  Journal  of  Alabama 

be  prosecuted  for  perjury  committed  on  such  exami- 
nation. 

Sec.  8.  The  General  Assemblv  shall  pass  laws  not 
inconsistent  with  this  Constitution,  to  regulate  and 
govern  elections,  and  all  such  laws  shall  be  uniform 
throughout  the  State,  and  shall  provide  by  law  for  the 
manner  of  holding  elections,  and  of  ascertaining  tlie 
result  of  the  same,  and  shall  provide  general  registra- 
tion laws,  not  inconsistent  with  the  provisions  of  this 
article;  for  tho  registration  of  all  qualified  electors 
from  and  after  the  first  day  of  January,  1903.  The 
General  Assembly  shall  also  make  provisions  by  law, 
not  inconsistent  with  this  article,  for  the  regulation 
of  primary  elections,  and  for  punishing  frauds  at  the 
same,  but  shall  not  make  primary  elections  compul- 
sory. 

Sec.  9.  It  shall  be  the  duty  of  the  General  Assembly 
to  pass  adequate  laws  giving  protection  against  the 
evils  arising  from  the  use  of  intoxicating  li([Uors  at  all 
elections. 

Sec.  10.  Electors  shall  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  ar- 
rest during  their  attendance  at  elections,  or  while 
going  to  or  returning  therefrom. 

Sec.  11.  Returns  of  elections  for  all  civil  officers  wh(» 
are  to  be  commissioned  by  the  Governor,  except  Sec- 
retary of  State,  Auditor,  Treasurer,  Commissioner  of 
Agriculture  and  Industries,  Attorney  General  and 
Superintendent  of  Education,  and  for  members  of  the 
General  Assemltly,  shall  be  made  to  the  Secretary  of 
State. 

On  motion  of  ^fr.  Smith,  of  Mobile,  the  substitute 
oifered  l)y  Mr.  Lowe,  of  Jefferson,  was  laid  upon  the 
table. 

Mr.  Blackwell  offered  the  following  amendment,  to 
constitute  a  new  section,  to  the  artich'  on  vSuffrage  and 
Elections : 

Sec.  — .  Anv  Board  of  Registrars,  or  a  majority  of 
any  Board  of  Registrars,  who  shall  knowingly  reiiister 
any  person  who  is  not  of  good  character  and  wlio  doos 
not  understand  the  obligations  of  citizenship  under  a 


Constitutional  Convention.  1095 

republican  form  of  government,  or  Avho  is  otherwise 
legally  disqualified  from  registering,  shall,  upon  con- 
viction, be  fined  not  less  than  $250  for  each  member 
of  the  Board  of  Kegistrars  participating  in  the  regis- 
tration of  such  person  or  persons,  and  shall  forfeit  their 
offices  as  registrars. 

Mr.  Blacklell  offered  the  following  substitute  for 
the  amendment  offered  by  himself : 

Sec.  — .  Any  Board  of  Kegistrars,  or  a  majority  of 
iiny  Board  of  Begistrars,  who  shall  knowingly  and  cor- 
ruptly register  any  person  who  is  legally  disqualified 
from  registering,  shall,  upon  conviction,  be  fined  not 
less  than  .f25()  for  each  meud)er  of  the  Board  of  Regis- 
trars participating  in  the  registration  of  such  person 
or  persons,  and  shall  forfeit  their  offices  as  registrars. 

On  motion  of  Mr.  Chapman  the  amendment  and  suK- 
stitute  were  laid  upon  the  table. 

Mr.  Browne  off'ered  the  following  amendment,  to 
■constitute  a  new  section,  to  the  article  on  Suffrage  and 
Elections : 

Sec.  — .  The  Legislature  is  authorized  to  raise  the 
limit  of  age  to  which  payment  of  poll  tax  is  required 
under  this  article  from  45  years  to  not  more  than  60 
years. 

The  amendment  was  adopted- 
Mr.  Beddow  oft'ered  the  following  amendment,  to  con- 
stitute a  new  section,  to  the  article  on  Suffrage  and 
Elections : 

Sec.  20.  The  affidavit  of  an  applicant  for  registra- 
tion under  paragraphs  1  and  2  of  Section  4  of  this  arti- 
cle, based  on  his  personal  knowledge  or  informati(ui  and 
belief,  shall  be  sufficient  evidence  to  entitle  the  appli- 
cant to  registration  as  a  voter. 

On  motion  of  Mr.  Hood  the  amendment  oft'ered  by 
Mr.  Beddow  was  laid  upon  the  table. 

Mr.  Kirk  offered  the  following  amendment,  to  con- 
stitute a  new  section,  to  tlie  article  on  Suffrage  and 
Elections: 

Sec.  20.  After  the  first  day  of  January,  1903,  the 
following  persons  having  the  qualifications  prescribed 
in  Section  2  of  tbis  article,  shall  be  qualified  to  register 


1096 


Journal  of  Alabama 


as  electors,  provided  they  shall  not  be  disqualified 
imder  Section  6  of  this  article;  all  male  persons  who 
were,  on  the  first  day  of  January,  1867,  or  at  any  date 
prior  thereto,  entitled  to  vote  under  the  Constitution 
and  laws  of  any  State  of  the  United  States,  wherein  he 
then  resided;  and  the  lawful  male  descendants  of  such 
persons  on  arriving  at  the  age  of  21  years,  and  not  dis- 
qualified under  Sections  2  and  6  of  this  article. 

Mr,  White  moved  to  table  the  amendment  offered  by 
Mr.  Kirk. 

The  uiotion  to  table  prevailed :  Yeas,  80 ;  nays,  23. 


YEAS. 


Messrs.  President, 

.Ishcraft, 

Ranks, 

Barefleld, 

Hartlett, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burui^, 

Cardon, 

Carnathon, 

Chapman, 

Cobb, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Dent, 

Duke, 

Eley, 

Eyster, 

Fletcher, 

Glover. 

Graham  (Montgomery), 

Graham  (Talladega). 


Greer  (Perry),. 
II  and  ley, 
Harrison, 
Flinson, 
Hood, 
Howell, 
Inge, 
Jackson, 
Jenkins, 
Jones  (Bibb), 
Jones  (Hale), 
Jones  (iMontgomery), 
Jones  (Wilcox), 
Kyle, 
Ledbetter, 
Leigh, 
Lorn  ax, 

McMillan  (Baldwin), 
McMillan  (Wilcox), 
Malone, 
iMaxwell, 
Merrill, 

Miller    (^Farengo), 
Miller   f Wilcox), 
Morrisette, 
Murphree, 
NeSmith, 


Constitutional  Convention. 


1O0T 


Norman, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill,  (Jefferson), 

Opp, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pillans, 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 


Messrs.  Almon, 

Bartlett, 

Beavers, 

Byars, 

Carmichael  (Colbert), 

Cofer, 

Davis,   (Etowah), 

Freeman, 

Rsdej, 

Heflin  (Chambers), 

Hodges, 

Kirk, 


Sanford, 

Selheimer, 

Smith  (Mobile), 

Stewart, 

Tayloe, 

Waddell, 

Walker, 

Weatherly, 

White, 

Williams  (Barbour), 

AVilliams  (Marengo). 

Wilson  (Clarke), 

AVinn— 80. 


NAYS. 


Lowe  (Lawrence), 

Macdonald, 

Pettus, 

Phillips, 

Porter, 

Sanders, 

Smith,  Mac.  A. 

Spears, 

Spragins, 

Thompson, 

\Vhitesid^-23. 


pairs  announced. 


The  following  pairs  were  announced : 

Messrs.  Coleman  of  Greene  and  Mulkey;  Greer  of 
Calhoun  and  Sloan.  Messrs.  Coleman  of  Greene,  and 
Greer  of  Calhoun  would  vote  aye;  and  Messrs.  Mulkey 
and  Sloan  would  vote  nay. 

Mt.  Jenkins  coffered  the  following  amendment,  to 
constitute  a  new  section,  to  the  article  on  Suffrage  and 
Elections : 

Amend  article  on  Suffrage  by  adding  the  following 
thereto  as  an  additional  section,  to  be  known  as  Sec- 
tion 20: 


1098  Journal  of  Alabama 

In  addition  to  the  permanent  qualifications  for 
suffrage  provided  for  in  Section  3,  every  voter  shall  be 
of  good  character  for  truth  and  veracity  as  now  inter- 
preted by  the  courts,  but  such  good  character  shall 
be  i)resumed  until  challenged,  and  no  person  shall  be 
challenged  on  less  than  three  affidivats  of  three  relia- 
ble and  responsible  citizens,  stating  that  they  know  the 
general  character  and  character  for  truth  and  veracity 
■of  the  person  challenged,  and  that  from  that  knowledge 
they  would  not  believe  such  person  so  challenged  on 
oath.  Upon  the  challenge  of  any  person  under  this 
section  it  shall  be  the  duty  of  the  registrars  to  sit  as  a 
jury  and  decide  upon  the  question  of  the  good  charac- 
ter of  the  person  so  challenged  and  any  person  denied 
the  right  to  register  under  this  section  shall  have  the 
right  of  appeal  to  the  Circuit  or  City  Court  or  court 
of  like  jurisdiction  in  the  county,  and  the  person  so 
appealing  may  waive  the  jury  if  he  so  elects,  in  which 
case  the  decisions  of  the  court  shall  be  final  as  to  the 
right  of  the  person  to  register  under  the  provisions  of 
this  section. 

On  motion  of  Mr.  Dent  the  amendment  offered  by 
Mr,  Jenkins  was  laid  upon  the  table. 

Mr.  Sanford  offered  the  following  amendment,  to 
constitute  a  new  section  to  the  article  on  Suffrage  and 
Elections: 

Sec.  — .  Any  person  who  shall  pay  the  poll  tax  of  any 
elector  for  the  purpose  of  controlling  or  influencing  his 
vote,  upon  conviction  shall  be  disfranchised,  and  shall 
Tiold  no  office  in  Alabama. 

Mr.  O'Neal,  of  Lauderdale,  offered  the  following  sub- 
stitute for  the  amendment  offered  by  Mr.  Sanford: 

Sec.  — .  Any  person  who  shall  pay  the  poll  tax  of 
another  or  advance  him  money  for  that  purpose  in  order 
to  influence  his  vote,  shall  be  guilty  of  bribery,  and 
punished  accordingly. 

The  substitute  to  the  amendment  was  adopted. 

On  motion  of  Mr.  White  the  article  on  Suffrage  and 
T^lections  was  ordered  engrossed  for  a  third  reading. 


Constitutional  Convention.  1099 

special  oudek. 

The  Couveiitioii  proceeded  to  the  consideratiou  of  the 
special  order  which  was  the  report  of  the  Committee 
on  Jndiciai-y. 

On  motion  of  Mr.  Smith,  of  Mohile,  the  report  was 
<iidere(l  considered  section  by  section. 

SECTION  ONE. 

Was  read  at  lenjith  as  foUows : 

Section  1.  The  judicial  powers  of  the  State  shall  be 
vested  in  the  Senate  sitting  as  a  court  of  impeachment, 
a  Supreme  Court,  Circuit  Courts,  Chancery  Courts, 
Courts  of  Probate,  such  courts  of  law  and  equity  infer- 
ior to  the  Supreme  Court,  and  to  consist  of  not  more 
than  five  members,  as  the  General  Assembly  from  time 
to  time  may  establish,  and  such  persons  as  may  be  by  law 
invested  with  powers  of  a  judicial  nature;  but  no  court 
of  general  jurisdiction,  at  law  or  in  equity,  or  both, 
shall  hereafter  be  established  in  and  for  any  one  county 
having-  a  population  of  less  than  20,000,  or  property  as- 
sessed for  taxation  at  a  less  valuation  than  |3,500,000. 

Ml-  Kii'k  offered  the  following  amendment  to  Section 
1: 

Amend  Section  1  of  Article  on  tlie  Judiciary  by  strik- 
ing out  the  words  "twenty  thousand,"  in  line  seven,  and 
insert  in  place  thereof  the  following  words:  ''Thirty 
thousand,"  and  by  striking  out  the  Avords  "three  mil- 
lion five  hundred  thousand  dollars'"  and  insert  in  place 
thereof  the  following,  "seven  million  dollars" 

On  motion  of  ]Mr.  Watts  the  amendment  of  Mr.  Kirk 
was  laid  upon  the  table. 

Section  1  was  thereupon  adopted. 

SECTION  TWO. 

Was  road  at  length  as  follows: 

Sec.  2.  Except  in  cases  otherwise  directed  in  this 
Constitution,  the  Supreme  Court  shall  have  appellate 
jurisdiction  only,  which  shall  be  coextensive  with  the 


1100  Journal  of  Alabama 

State,  under  such  restrictions  and  regulations,  not  re- 
pugnant to  this  Constitution,  as  may  from  time  to  time 
be  prescribed  by  law,  except  where  jurisdiction  over  ap- 
peals is  vested  in  some  inferior  court,  and  made  final 
therein ;  provided,  that  the  Supreme  Court  shall  have 
power  to  issue  writs  of  injunction,  habeas  corpus,  quo 
warranto,  and  such  other  remedial  and  original  writs  as- 
may  be  necessary  to  give  it  a  general  superintendence 
and  control  of  inferior  jurisdictions. 

The  following  minority  report,  offered  by  Mr.  Kirk,^ 
was  read  as  follows : 

Sec.  2.  Except  in  cases  otherwise  directed  in  this 
Constitution,  the  Supreme  Court  shall  have  appellate 
jurisdiction  ouly,  which  shall  be  coextensive  with  the 
State,  under  such  restrictions  and  regulations  not  re- 
pugnant to  this  Constitution  as  may  from  time  to  time 
be  prescribed  by  law ;  provided,  the  Supreme  Court 
shall  have  power  to  issue  writs  of  injunction,  habeas- 
corpus,  quo  warrant  and  such  other  remedial  and  ori- 
ginal writs  as  may  be  necessary  to  give  it  a  general 
superintendence  and  control  of  inferior  jurisdiction. 

On  motion  of  Mr.  Pillans  the  minority  report  was 
laid  upon  the  table. 

Section  2  was,  on  motion  of  Mr.   Samford,  adopted. 

RECONSIDERATION. 

Mr.  Barefield  gave  notice  that  on  to-morrow  he  would 
move  to  reconsider  the  vote  by  Avhich  Section  2  was 
adopted. 

SECTION  THREE. 

Was  read  at  length  as  follows   and  adopted : 
Sec.  3.     The  Supreme  Court  shall  be  held  at  the  seat 
of  government,  but  if  that  shall  become  dangerous  from 
any  cause,  it  may  adjourn  to  another  place. 

SECTION   FOUR. 

Was  read  at  length  as  follows   and  adoi^ted  : 
Sec,  4.     Except  as  otherwise  authorized  in  this  arti- 
cle, the  State  shall  be  divided  into  convenient  circuits.. 


Constitutional  Convention.  1101 

For  each  circuit  there  shall  be  chosen  a  judge,  who 
shall,  for  one  year  next  preceding  his  election  and  dur- 
ing his  continuance  in  office,  reside  in  the  circuit  for 
Avhich  he  is  elected. 

SECTION   FIVE. 

A\'as  read  at  length  as  follows  and  adopted: 
Sec.  5.  The  Circuit  Court  shall  have  original  juris- 
diction in  all  matters  civil  and  criminal  within  the 
State  not  otherwise  excepted  in  this  Constitution ;  but 
in  civil  cases,  other  than  suits  for  libel,  slander,  assault 
and  battery,  and  ejectment,  it  shall  have  jurisdiction 
onl3^  where  the  matter  or  sum  in  controversy  exceeds 
fifty  dollars. 

SECTION   SIX. 

Was  read  at  length  as  follows  and  adopted: 
Sec.  6.  A  Circuit  Court,  or  a  court  having  the  juris- 
diction of  the  Circuit  Court,  shall  be  held  in  each  county 
in  the  State  at  least  twice  in  every  .year,  and  judges  of 
the  several  courts  mentioned  in  this  section  may  hold 
court  for  each  other  when  they  deem  it  expedient,  and 
shall  do  so  when  directed  by  law.  The  judges  of  the  sev- 
<?ral  courts  mentioned  in  this  section  shall  have  power  to 
issue  writs  of  injunction,  returnable  in  the  Courts  of 
Chancery,  or  courts  having  the  jurisdiction  of  Courts 
of  Chancery. 

SECTION  SEVEN. 

Was  read  at  length  as  follows : 

vSec.  7.  The  General  Assembly  shall  have  power  to 
establish  a  Court  or  Courts  of  Chancery,  with  original 
and  appellate  jurisdiction,  except  as  otherwise  author- 
ized in  this  article.  The  State  shall  be  divided  by  the 
General  Assembly  into  convenient  Chancery  districts; 
each  division  shall  be  divided  into  districts,  and  for  each 
division  there  shall  be  a  chancellor,  who  shall  have  re- 
sided for  one  year  next  preceding  his  election  or  ap- 


1102  JouuxAi.  OF  Alabama 

pointment,  and  dnriiiii  liis  coiitinnaiiL-e  in  office  in  the 
division  for  which  he  siiall  he  elected  or  appointed. 

Mr.  Oat(\s  moved  to  strike  out  Section  7  of  tlie  report 
on  Judiciary. 

On  motion  of  Mr.  Iletlin.  of  (Jhamhers,  the  motion 
of  ^[r.  Gates  Avas  hiid  upon  the  table. 

On  motion  of  Mr.  (ii-aham,  of  ]Monti>omery.  Section 
7  A\'as  adopted. 

SECTION  EIGHT. 

AVas  read  at  lenj>tli  and  adopted : 

Sec.  8.  A  Chancery  Court,  or  a  court  haring-  the  Juris- 
diction of  the  Chancery  Court,  shall  he  held  in  ea:li  dis- 
trirt,  at  a  place  to  be  tixed  by  law,  at  least  twice  in  each 
year,  and  the  chancellors  may  hold  court  for  each  otlier 
when  they  deem  it  necessary. 

SECTION  NINE. 

\\'as  read  at  length  as  follows : 

Bee.  9.  Any  county  having  a  population  exceeding 
20,000,  according  to  the  next  preceding  Federal  census, 
and  also  taxable  property  exceeding  |3,500,(i00  in  value, 
according  to  the  next  preceding  assessment  of  property 
for  State  and  county  taxation,  need  not  be  included  in 
any  circuit  or  chancery  division;  but  if  the  value  of  its 
taxable  property  shall  be  reduced  below  that  limit,  or 
if  its  population  shall  be  reduced  below  that  number, 
the  (Jeneral  Assembly  shall  include  such  county  in  a 
cii-cuit  and  chancery  division  or  either,  embracing  more 
than  one  county. 

No  circuit  or  chancery  division  shall  contain  less  than 
three  counties,  unless  there  be  embraced  therein  a  county 
having  a  population  exceeding  20,000,  and  taxable  prop- 
erty exceeding  $3,500,000.  The  (leneral  Assembly  may 
confer  upon  the  Circuit  Coui't  or  the  Chancery  Court 
the  jurisdiction  of  both  of  said  courts.  In  counties  hav- 
ing two  or  more  courts  of  rcH-ord,  the  General  Assembly 
may  provide  for  the  consoliclaticn  of  all  or  any  of  such 
courts  of  i-ecoi-d,  except  the  Pro])ate    Court,    with    or 


Constitutional  Convention.  11  OS 

without  separate  divisions,  and  an  appropriate  number 
of  Judges  for  the  transaction  of  the  business  of  such 
consolidated  court. 

The  following  minority  report  to  Section  9,  offered  by 
Mr.  Kirk,  was  read  as  follows : 

Sec.  9.  Any  county  having  a  population  exceeding 
30,00!)  according  to  the  next  preceding  Federal  census, 
and  also  taxable  property  exceeding  seven  millions  of 
dollars  in  value,  according  to  the  next  preceding  as- 
sesisment  of  property  for  State  and  county  taxation,  necnl 
not  be  included  in  any  Circuit  or  Cliancery  division; 
but  if  the  value  of  taxable  property  shall  be  reduced  be- 
low that  limit,  or  its  population  be  reduced  below  that 
number,  in  either  of  which  events  the  General  Assembly 
shall  include  such  county  in  a  Circuit  or  Chancery  divi- 
sion, or  either,  embracing  more  than  one  county.  No 
Circuit  or  Chancery  division  shall  contain  less  than 
three  counties,  unless  there  be  embraced  therein  a  county 
having  a  population  exceeding  thirty  thousand,  and  tax- 
able property  exceeding  seven  millions  of  dollars.  The 
counties  of  this  State  not  having  a  population  of  thirty 
thousand  and  taxable  property  of  seven  millions  of  dol- 
lars, or  more,  shall  be  divided  into  convenient  circuits 
by  the  General  Assembly  at  its  first  session  after  the 
ad  >ption  of  this  Constitution,  and  when  so  divided,  the 
number  of  circuits  shall  not  be  increased  except  by  a 
vote  of  two-thirds  of  the  General  Assembly. 

Ou  motion  of  Mv.  Sanders  the  minority  report  offered 
by  Mr.  Kirk  was  laid  upon  the  table. 

Mr.  Williams,  of  Barbour,  offered  the  folio  wins? 
amendment  to  Section  9  : 

Strike  out  the  sentence  beginning  in  line  ten  with  the 
words  "the  General  Assembly." 

On  motion  of  Mr.  Hood  the  amendment  offered  by 
Mr.  Williams,  of  Barbour,  was  laid  upon  the  table. 

On  motion  of  Mr.  Cobb  Section  9  was  adopted. 

ADJOURNMENT. 

The  hour  of  1  o'clock  having  arrived,  under  the  mo- 
tion heretofore  adopted,  the  Convention  adjourned 
until  11  o'clock  Mondav  mornine:. 


1104 


Journal  of  Alabama 


SIXTY-THIRD  DAY 


Convention  Hall. 


Montgomery,  Ala.,  Monday,  August  5,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  IJev.  Mr.  Howell  of  the  Con- 
vention. 


roll  call. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Ashcraft, 

Barefleld, 

Bartlett, 

Beavers, 

Beddow, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert); 

Carnathon, 

Chapman, 

€obb, 

Cofer, 

Coleman  (Walker), 

Craig, 

Davis  (DeKalb), 

Davis,   (Etowah), 

Dent, 

•deCraffenried, 

Duke, 


Espy, 

Ferguson, 

Fletcher, 

Foshee, 

Gil  more, 

Clover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grayson, 

Haley, 

Randley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howeli, 

Inge, 

Jenkins. 

Jones  (Bibb), 

•Tones  (Hale), 

Kirk, 

Kyle, 

T  eiijh. 

Lorn  ax. 


Constitutional  Convention. 


1105 


Long  (Butler), 

Macdonald, 

McMillan  (Baldwin) 

McMillan  (Wilcox), 

Maxwell, 

Miller  (Marengo), 

Miller  (AVilcox), 

Morrisette, 

Murpliree, 

NeSmith, 

Norman, 

Oates, 

Opp, 

Palmer, 

Pearce, 

Pettns, 

Phillips, 

Porter, 

Iveese, 

Eeynolds  (Henry), 

Ivogers  (Sumter), 


Samford, 

Sanford, 

Selheimer, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Spears. 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  ( Marengo) , 

Wilson  (Clarke)— 91. 


LEAVE   OF   ABSENCE 


Was  granted  to  Messrs.  Jones  of  Wilcox,  Williams 
of  Barbour,  Harrison,  Jackson,  Sloan,  Smith,  M.  M. ; 
Lomax  and  Pitts  for  to-day,  and  to  Jones  of  Montgom- 
ery, Reynolds  of  Chilton  indefinitely. 


keport  of  the  committee  on  the  journal. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  folloAving  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the 
sixty-second  day  of  the  Convention,  and  that  the  same 
is  correct. 

Respectfully  submitted, 

John  F.  Proctor.  Chairman. 


1106  Journal  of  Alabama 

privileges  of  the  floor.  - 

On  motion  of  Mr,  Sentell,  the  privileges  of  the  floor 
were  extended  to  Hon.  J.  F.  Jones,  member  of  the  Leg- 
islature. 

On  motion  of  Mr.  Samford,  resolution  194  was  made 
a  special  order  immediately  after  the  disposition  of  the 
special  orders  heretofore  made. 

RESOLUTIONS  ON  FIRST  READING. 

The  following-  resolution  was  introduced,  read  one 
time  at  length  and  referred  to  appropriate  committees 
as  follows: 

Resolution  285,  by  Mr.  Graham,  of  Montgomery: 

Whereas,  This  Convention  has  heard  of  the  great 
affliction  which  has  befallen  ex-Governor  Thomas  G. 
Jones,  a  member  of  this  Convention,  in  the  tragic  death 
of  his  daughter,  which  ocurred  at  an  early  hour  this^ 
morniug,  and 

Whereas,  It  is  proper  that  we  should  place  on  rec- 
ord some  evidence  of  the  sorrow  which  we  feel  at  the 
calamity  that  has  overtaken  our  colleague;  therefore 

Be  it  resolved  by  the  Constitutional  Convention  of 
Alabama,  that  we,  individually  and  collectively,  pro- 
foundly sympathize  with  Hon.  Thomas  G.  Jones,  and 
the  meml)ers  of  his  family  in  the  great  affliction  which 
they  have  sustained  in  the  untimely  and  dreadful 
death  of  his  daughter. 

Ivesolved  further,  That  the  Secretary  of  this  ^Conven- 
tion be  and  he  is  hereby  instructed  to  send  a  duly  cer- 
tified coi)y  of  these  resolutions  to  Governor  Jones. 

On  motion  of  ^[r.  Graham,  of  Montgomery,  the  rules 
were  suspended  and  the  above  resolution  was  unani- 
mously adopted  by  a  rising  vote. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  inti*oduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate  com- 
mittees, as  follows : 

Ordinance  410,  by  Mr.  Tayloe : 


CONSTITUTIOXAL  CONVENTION.  1107 

To  amend  Section  3  of  an  ordinance  lately  passed 
by  the  people  of  Alabama  in  Convention  assembled, 
entitled  an  ordinance  to  create  and  define  the  State 
and  County  Boundaries,  and  to  regulate  the  location  of 
county  sites  and  the  formation  of  new  counties. 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  441,'  by  Mr.  Whiteside: 

To  amend  Section  3  of  Article  II  of  this  Constitu- 
tion. 

The  ordinance  was  referred  to  the  Committee  on 
State  and  County  Boundaries. 

Ordinance  442,  by  Mr.  Reese: 

To  amend  Section  18  of  the  Article  on  Suffrage  and 
Elections  lately  passed  by  this  Convention. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

UNFINISHED    BUSINESS. 

The  Convention  pi'oceeded  to  the  consideraiioii  of 
the  unfiuish.ed  business,  wliich  was  the  report  of  the 
Committee   on   Judiciary. 

SECTION  TEN. 

Was  read  at  length  as  folloAvs  and  adopted : 
Sec.  10.  The  General  Assembly  shall  have  power  to 
establish  in  each  county  within  the  State  a  court  of  Pro- 
bate, with  general  jurisdiction  to  grant  letters  testa- 
mentary and  of  administration,  and  of  orphans'  busi- 
ness; provided,  that  whenever  any  court  having  equity 
powers  has  taken  jurisdiction  of  the  settlement  of  any 
estate,  it  shall  have  power  to  do  all  things  necessary  for 
the  settlement  of  such  estate,  including  the  appointment 
and  removal  of  administrators,  executors,  guardians  and 
trustees,  and  including  action  upon  the  resignation  of 
either  of  them. 


1108  Journal  of  Alabama 

section  eleven. 

Was  read  at  length  as  follows : 

Sec.  11.  The  Justices  of  the  Supreme  Court,  Chancel- 
lors, and  the  Judges  of  the  Circuit  Courts,  and  other 
courts  of  record,  except  Probate  Courts,  shall,  at  stated 
times,  receive  for  their  services  a  compensation  which 
shall  not  be  diminished  during  their  official  term;  they 
shall  receive  no  fees  or  perquisites,  nor  hold  any  office 
(except  judicial  offices)  of  profit  or  trust  under  this 
State  or  the  United  States,  or  any  other  power,  during 
the  term  for  which  they  have  been  elected. 

Mr.  Gates  otfered  the  following  amendment  to  Sec- 
tion 11,  which  Avas  adopted : 

Amend  Section  11  by  adding  thereto  the  words  "or 
appointed.'' 

Mr.  Gates  offered  the  following  amendment  to  Sec- 
tion 11 : 

Amend  Section  11  by  adding  thereto  as  follows: 
"And  shall  not  during  their  continuance  in  office  take 
an  active  part  in  partisan  politics.''' 

Gn  motion  of  Mr.  Walker  the  amendment  offered  by 
Mr.  Gates  was  laid  upon  the  table. 

Mr.  Macdouald  offered  the  following  amendment  to 
Section  11 : 

Amend  by  striking  out  all  of  said  section  after  the 
words  "perquisites"  where  it  appears  on  the  fourth 
line  of  said  section. 

Gn  motion  of  Mr.  Heflin,  of  Chambers,  the  amend- 
ment offered  by  ]\lr.  Macdonald  was  laid  upon  the 
table. 

Gn  motion  of  Mr.  Smith,  of  Mobile,  Section  11,  as 
amended  was  adopted. 

SECTION   TWELVE. 

AVas  read  at  length  as  follows  and  adopted: 

Sec.  12.      The  Supreme  Court  shall  consist  of  one 

Chief  Justice  and  such  number  of  Associate  Justices  as 

may  be  prescribed  by  law. 


Constitutional  Convention.  1109 

section  thirteen. 

Was  read  at  length  as  follows : 

Sec.  13.  The  Chief  Justice  and  Associate  Justices  of 
the  Supreme  Court,  Judges  of  the  Circuit  Courts,  Pro- 
bate Courts,  and  Chancellors,  shall  be  elected  by  the 
qualified  electors  of  the  State,  circuits,  counties  and 
chancery  divisions,  for  which  such  courts  may  be  estab- 
lished, at  such  times  as  may  be  prescribed  by  law,  except 
as  herein  otherwise  provided. 

Mr.  Oates  offered  the  following  amendment  to  Sec- 
tion 13: 

In  lines  2  and  3  strike  out  the  words  "elected  by  the 
qualified  electors  of  the  State"  and  insert  in  lieu  there- 
of the  following,  to- wit :  "Appointed  by  the  Governor 
by  and  with  the  advice  and  consent  of  the  Senate,  for 
the  State,  excepting  Judges  of  Probate  Courts." 

]\lr.  Boone  moved  to  table  the  amendment  offered  by 
Mr.  Oates. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table :  Yeas,  75 ;  nays,  13. 

YEAS. 

Messrs.  Ashcraft,  Craig, 

Barefield,  Davis  (Etowah), 

Beavers.  T  .wis  (DeKalb), 

Beddow,  Duke, 

Blackwell,  Eley, 

Boone,  Ferguson, 

Brooks,  Fletcher, 

Browne,  Glover, 

Bulger,  (rraham  ( Montgomery), 

Burns,  Graham  (Talladega), 

Byars,  Grayson, 

Cardon,  Haley, 

Carmichael  (Colbert),  Handley, 

Carnathon,  Hefiin  (Chambers), 

Chapman,  TToflin  (TJandolph)^ 

Cobb,  Henderson, 

Coleman  (Walker),  Hodges, 


I'llO 


JOURNAL   OF    ALAT.AJklA 


Hood, 

Howell, 

Inge, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Kirk, 

Ledbetter, 

Long  (Butler), 

Macdonald, 

McMillan  (Wilcox), 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

NeSmith, 

Norman, 

Opp, 

Pearce, 

Pettus, 

Phillips, 


Porter, 
Keese, 

Reynolds  (Henry), 
Samford, 
Sentell, 

Smith  (Mobile), 
Smith,  Mac.  A., 
Sorrell, 
Spragins, 
Stewart, 
Studdard, 
Tayloe, 
Vaughan, 
Waddell, 
Walker, 
Watts, 
^^'eakley, 
White,  "^ 
Whiteside, 
Wilson  (Clarke)— 75. 


NAYS. 


Messrs.  President, 

Dent, 

deGraffenried, 

Foshee, 

Gilmore, 

Kyle, 

McMillan  (Baldwin), 


Mnrphree, 

Oates, 

Palmer, 

Ivogers  (Snmter) 

Sanford, 

Selheimer — 13. 


Mr.  deGraffenried  offered  the  following  amendment 
to  Section  13 : 

Sec.  13.  The  Chief  Justice  and  Associate  Justices  of 
the  Supreme  Court,  Judges  of  the  Circuit  Courts,  and 
Chancellors  shall  be  elected  by  the  members  of  the 
General  Assembly  on  joint  ballot,  and  Judges  of  Pro- 
l)ate  shall  be  elected  iby  the  qualified  electors'  of  the 
counties  for  which  such  courts  may  be  established,  at 
such  times  as  may  be  prescribed  by  law. 


Constitutional  Convention. 


nil 


On  motion  of  Mr.  Boone  the  amendment  offered  by 
Mr.  deGraffenried  was  laid  upon  the  table. 
Section  13  was  thereupon  adopted. 

reconsideration. 

Mr.  Waddell  moved  to  reconsider  the  vote  by  which 
Section  7  of  the  Article  on  Judiciary  was  adopted. 

On  motion  of  Mr.  Graham,  of  Montgomery,  the  mo- 
tion of  Mr.  Waddell  was  laid  upon  the  table :  Yeas,  52 ; 
nays,  38. 


YEAS. 


Messrs.  Ashcraft, 

Rarefield, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Carnathon, 

Cobb, 

Davis  (DeKalb), 

deGraffenried, 

Duke, 

Espy, 

Ferguson, 

Fletcher, 

Glover, 

Grahnra  (Montgomery), 

Handley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Inge, 

Jenkins, 

Jones  (Hale), 


Kirk, 
Leigh, 
Macdonald, 
Maxwt^ll, 
Merrill, 

Miller  (Marengo). 
Miller  (Wilcox), 
Norman, 
Opp, 
Pettus, 
Jvf^ese, 

lieynolds    (Henry), 
Sam  ford, 
Sellieimer, 
Sentell, 

Smith  (Mobile), 
-Sorrell, 
Stewart, 
Vaughan, 
Waddell, 
Walkei', 
Watts, 
Weakley, 
Weatherlv. 
White, 
Wilson  (Clarke)— 52. 


1112 


Journal  of  Alabama 


NAYS. 


Messrs.  President, 

Howell, 

Banks, 

Jones  (Bibb), 

Bartlett, 

Kyle, 

Beavers, 

McMillan  (Baldwin), 

Beddow, 

McMillan  (Wilcox), 

Browne, 

Murphree, 

Byars, 

NeSmith, 

Chapman, 

Dates, 

Coleman  (Walker), 

Palmer, 

Craig, 

Pearce, 

Davis  (Etowah), 

Phillips, 

Dent, 

Porter, 

Foshee, 

Kogers  (Sumter), 

Gilmore, 

Sanford, 

Graham  (  Talladega ) , 

Smith,  Mac.  A, 

Grayson, 

Spears, 

Haley, 

Spragins, 

Hodges, 

Stnddard, 

Hood, 

AVhiteside— 38. 

SECTION  FOURTEEN. 

Was  read  at  length  as  follows : 

Sec.  14.  The  Judges  of  such  inferior  courts  of  law 
and  equity  as  may  be  by  law^  established,  shall  be  elected 
or  appointed  in  such  mode  as  the  General  Assembly 
may  prescribe. 

Mr.  Spragins  offered  the  following  amendment  to 
Section  14 : 

To  amend  Section  14  by  striking  out  all  after  the 
word  "elected''  in  the  second  line,  and  by  adding  in  lieu 
thereof  the  following:  "By  the  qualified  electors  of  the 
county  or  counties  within  the  jurisdiction  of  such  in- 
ferior courts  of  law  and  equity." 

On  motion  of  Mr.  Smith,  of  Mobile,  the  amendment 
was  laid  upon  the  table. 

On  motion  of  Mr.  Smith,  of  Mobile,  Section  14  was 
adopted. 


Constitutional  Convention.  1113 

section  fifteen. 

Was  read  at  length  as  follows: 

Sec.  15.  Chancellors  and  Judges  of  all  courts  of  rec- 
ord, shall  have  been  citizens  of  the  United  States  and 
of  this  State  for  five  years  next  preceding  their  election 
or  appointment,  and  shall  be  not  less  than  25  years  of 
age;  and,  excej^t  Judges  of  Probate  Courts,  shall  be 
learned  in  the  law. 

Mr.  Macdonald  offered  the  following  amendment  to 
Section  15 : 

Amendment  to  Section  15  of  article  reported  by  Com- 
mittee on  Judiciary : 

Amend  Section  15  by  striking  out  the  words  "except 
Judges  of  Probate  Court"  on  the  third  and  fourth  lines 
of  the  section. 

On  motion  of  Mr.  Duke  the  amendment  offered  "hj  Mr. 
Macdouald  was  laid  upon  the  table. 

Section  15  was  thereupon  adopted. 

RECESS. 

The  hour  of  1  o'clock  p.  m.  arrived,  and  under  the 
rules  the  Convention  recessed  until  3  :30  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  w^hich  constituted  a 
quorum : 

Messrs.  President,  Reddow, 

Ashcraft,  Blackwell, 

Banks,  Boone, 

Barefield,  R  rooks, 

Bartlett,  Browne, 

Beavers,  Bulger, 


1114 


Journal  of  Alabama 


Burns, 
Byars, 
Cardon, 

Carmichael  (Colbert), 
Carnathon, 
Chapman, 
Cobb, 

Coleman  (AValker), 
Craig, 

Davis  (DeKalb), 
Davis  (Etowah), 
Dent, 

deGraffenried, 
Duke, 
Eley, 
Ferguson, 
Fletcher, 
Foshee, 
Gilmore, 
Glover, 

Graham  ( Montgomery ) , 
Graham  (Talladega), 
Orayson, 
Haley, 
Handley, 

Heflin  (Chambers), 
Heflin  (Randolph), 
Hendei-son, 
Hodges, 
Hood, 
Howell, 
Inge, 

Jones  (Bibb), 
Jones  (Hale), 
Kirk, 
Knight, 
Kyle, 
Leigh, 

Long  (Butler), 
Macdonald, 


McMillan  (Baldwin), 

McMillan  (Wilcox), 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Murphree, 

NeSmith, 

Norwood, 

Gates, 

Opp, 

Palmer, 

Pcarce, 

Pettus, 

Phillips, 

Pitts, 

Porter, 

Keese, 

Reynolds  (Henry), 

liOgers  (Sumter), 

Samford, 

Sanford, 

Selheimer, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Wilson  (Clarke)— 92. 


Constitutio:nal  Convention.  1115 

privileges  of  the  p^i^or. 

On  niotiou  of  Mr.  Dates  the  privrleges  of  the  flobr  were 
extended  to  Hon.  Lonis  W.  Turpin,  ex-member  of  Con- 
gress. 

UNFINISHED    BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Judiciary. 

SECTION  SIXTEEN. 

Was  read  at  length  as  follows : 

Sec.  16.  Except  as  otherwise  provided  in  this  article, 
the  Chief  Justice  and  Associate  Justices  of  the 
Supreme  Court,  Circuit  Judges,  Chancellors,  and 
Judges  of  Probate,  shall  hold  office  for  the  term 
of  six  years,  and  until  their  successors  are 
elected  or  appointed,  and  qualified;  and  the  right 
of  such  Judges  and  Chancellors  to  hold  their  offices  for 
the  full  term  hereby  prescribed  shall  not  be  affected  by 
any  change  hereafter  made  by  law  in  any  circuit,  divi- 
sion or  county,  in  the  mode  or  time  of  election. 

The  Chair  stated  that  there  were  two  minority  re- 
ports to  Section  16  and  17,  and  that  the  Chair  would 
hold  that  the  minority  reports  would  be  considered  as 
amendments  and  an  amendment  to  the  amendment. 

Th(^  minority  report  to  Section  16,  by  Messrs.  Watts, 
Leigh,  Edward  A.  Graham,  J.  McLean  Jones,  Samford, 
Pillans,  reads  as  foUoAvs : 

Sec.  36.  In  the  year  1901,  Judges  of  the  Probate 
Courts,  Judges  of  the  Circuit  Courts  and  Chancellors 
shall  be  elected  by  the  qualified  electors  of  the  respective 
counties,  circuit  and  chancery  divisions  for  a 
term  of  six  years,  and  nntil  their  successors 
are  elected  and  qualified.  In  the  year  1910,  and 
every  four  years  thereafter.  Judges  of  the  Probate 
Courts  shall  be  elected  by  the  qualified  electors  of  the 
respective  connties  for  a  term  of  four  years,  and  until 
their  successors  are  elected  and  qualified.     In  the  vear 


1116  JouBNAL  OF  Alabama 

1910,  and  every  eight  years  thereafter,  Judges  of  the 
Circuit  Courts  and  ChaneeHors  shall  be  elected  by  the 
qualifid  electors  of  the  respective  CMrcuit  and  Chancery 
divisions  for  a  term  of  eight  years,  and  until  their  suc- 
cessors are  elected  and  qualified.  The  right  of  such 
Judges  and  Chancellors  to  hold  their  offices  for  the  full 
term  hereby  prescribed  shall  not  be  affected  by  any 
change  hereafter  made  by  law  in  any  circuit,  division 
or  county  in  the  mode  or  time  of  election. 

The  minorit}'  report  to  Section  16,  by  Messrs.  Ne- 
Smith,  Fitts  and  Duke,  was  read  as  follov. :-: : 

Sec.  16.  Except  as  otherwise  provided  in  this  article 
the  Chief  Justice  and  Associate  Justices  of  the  Supreme 
Court  shall  hold  office  for  the  term  of  eight  years,  and 
until  their  successors  are  elected  and  qualified.  Circuit 
'Judges,  Chancellors  and  Jud;;es  of  Probate  sliall  hold 
office  for  a  term  of  four  years,  except  as  otherwise  pro- 
vided in  this  article,  and  until  their  successors  are  elected 
or  appointed  and  qualified;  provided,  that  this  section 
shall  not  operate  to  abridge  the  term  of  any  Justice  of 
the  Supreme  Court,  Judge,  Chancellor  or  Judges  of  Pro- 
bate now  in  office;  and  provided  further,  that  the  Jus- 
tices of  the  Supreme  Court,  Judges,  Chancellors  and 
Judges  of  Probate  elected  in  1901  shall  hold  office  for 
the  term  of  six  years,  and  until  their  successors  are 
elected  and  qualified. 

The  question  was  upon  the  adoption  of  the  minority 
report  offered  by  Messrs.  NeSmith,  Fitts  and  Duke. 

The  minority  report  was  lost. 

The  question  recurred  upon  the  adoption  of  the  mi- 
nority report  offered  by  Messrs.  Watts,  Leigh,  E.  A. 
Graham,  J.  McLean  Jones,  Samford  and  Pillans. 

The  minority  report  was  lost. 

On  motion  of  ^Ir.  Smith  of  Mobile,  Section  16  was 
adopted. 

SECTION  SEVENTEEN. 

Was  read  at  length  as  follows : 

Sec.  17.  The  Chief  Justice  and  Associate  Justices  of 
the  Supreme  Court  shall  be  chosen  at  an  election  held 


Constitutional  Convention.  1117 

At  the  time  and  place  fixed  by  law  for  the  election  of 
members  of  the  House  of  Representatives  of  the  Con- 
gress of  the  United  States,  until  the  General  Assembly 
shall,  by  law,  change  the  time  of  holding  such  election. 
The  term  of  office  of  the  Chief  Justice,  Avho  shall  be 
■elected  in  the  year  1904,  shall  be  as  provided  in  the  last 
preceding  section.  The  successors  of  two  of  the  Asso- 
ciate Justices  elected  in  1904  shall  be  elected  in  the 
year  1906,  and  the  successors  of  the  other  two  Associate 
Justices  elected  in  1904  shall  be  elected  in  the  year  1908. 
The  Associate  Justices  of  said  court  elected  in  the  year 
1904  shall  draw  or  cast  lots  among  themselves  to  deter- 
mine which  of  them  shall  hold  office  for  the  terms  end- 
ing, respectively,  in  the  years  1906  and  1908,  and  until 
their  respective  successors  are  elected  or  appointed  and 
qualified.  The  result  of  such  determination  shall  be 
certified  to  the  Governor,  by  such  Associate  Justices, 
or  a  majority  of  them,  prior  to  the  first  day  of  January, 
1905,  and  such  certificate  shall  be  entered  upon  the  min- 
utes of  the  court.  In  the  event  of  the  failure  of  said  As- 
sociate Justices  to  make  and  certif^^  such  determination, 
the  Governor  shall  designate  the  terms  for  which  they 
shall  respectively  hold  office,  as  above  provided,  and 
shall  issue  his  proclamation  accordingly.  In  the  event 
of  an  increase  or  reduction  by  law  of  the  number  of  As- 
sociate Justices  of  the  Supreme  Court,  the  General  As- 
sembh'  shall,  as  nearly  as  may  be,  provide  for  the  elec- 
tion, each  second  year,  of  one-third  of  the  members  of 
said  court. 

B}^  unanimous  consent  the  minority  reports  to  Sec- 
tion 17  were  withdrawn. 

Mr.  Samford  offered  the  following  amendment  to  Sec- 
tion 17: 

Amend  Section  17  by  striking  out  the  second  line  of 
said  section  and  a  part  of  the  third  line  to  the  words 
"Congress  of  the  United  States,"  and  inserting  the 
words  "on  the  first  Tuesday  of  May  in  the  year  in  which 
the  term  of  such  Justices  shall  expire." 

On  motion  of  Mr.  Heflin,  of  Chambers,  the  amendment 
offered  by  Mr.  Samford  was  laid  upon  tlie  table. 

^Ir.  Pettus  offered  the  following  amendment  to  Sec- 
tion 17: 


1118  Journal  of  Alauama 

Amend  Section  17  by  striking'  out  the  wordy  begin- 
nino-  ''the  Associate  Justice"  in  line  eight,  down  to  and 
including  the  words  "such  determination"  in  line  four- 
teen. 

On  motion  of  Mr.  deCiraft'enried  the  amendment  of- 
fered by  Mr.  Pettus  was  laid  upon  tlie  table. 

On  motion  of  Mr.  Smith,  of  Mobile,  Section  17  was 
adopted. 

SECTION   EIGHTEEN. 

Was  read  at  length  as  follows  and  adopted: 
Sec.  IS.     AH  judicial  officers  within  their  respective 
jurisdictions  shall,  by  virtue  of  their  offices,  be  conser- 
vators of  the  peace. 

SECTION  NINETEEN. 

Was  read  at  length  as  follows  and  adopted: 
Sec.  19.  Vacancies  in  the  office  of  any  of  the  judges- 
who  hold  office  by  election,  or  chancellors  of  this  State^ 
shall  be  tilled  by  appointment  by  the  Governor;  such 
appointee  shall  hold  his  otlice  until  the  next  general 
election  held  at  least  six  months  after  the  vacancy  oc- 
curs, and  until  his  successor  is  elected  and  qualified;, 
the  successor  chosen  at  such  election  shall  hold  office 
for  the  unexpired  term  and  until  his  successor  is  elected 
and  qualified. 

SECTION  TWENTY. 

AVas  read  at  length  as  follows  and  adopted : 
Sec.  20.  Whenever  any  new  circuit  or  chancery  divi- 
sion is  created  the  Judge  or  Chancellor  therefor  shall 
be  elected  at  the '  next  election  for  llepresenta fives  to 
the  General  Assembly  for  a  term  to  expire  at  the  next 
general  election  for  Judges  and  Chancellors;  provided, 
that  if  said  new  circuit  or  chancery  division  is  created 
more  than  six  months  before  the  next  election  of  Kep- 
resentatives  to  the  General  Assembly,  the  Governor 
shall  appoint  some  one  as  Judge  or  Chancellor,  as  the- 
case  may  be,  to  hold  the  office  until  such  election. 


Constitutional  Convention.  1119 

section  twenty-one. 

Was  read  at  length  as  follows  aucl  adopted : 
Sec.  21.  If  in  any  case,  civil  or  criminal,  pending  in 
an}^  Circuit  Conrt,  Chancery  Court,  or  in  any  court 
having  the  jurisdiction  of  a  Circuit  or  Chancery  Court, 
or  either  of  them,  in  this  State,  the  presiding  Judge  or 
Chancellor  shall,  for  any  legal  cause,  be  incompetent 
to  try,  hear  or  render  judgment  in  such  case,  the  parties, 
or  their  attorneys  of  record,  if  it  be  a  civil  ease,  or  the 
solicitor  or  prosecuting  officer,  and  the  defendant  or  de- 
fendants, if  it  be  a  criminal  case,  may  agree  upon  some 
disinterested  person,  practicing  in  the  court  and  learned 
in  the  law,  to  act  as  special  judge  or  chancellor  to  sit 
as  a  court,  and  to  hear,  decide  and  render  judgment  in 
the  same  manner  and  to  the  same  effect  as  a  Chancellor 
or  as  a  Judge  of  the  Circuit  Court,  or  of  a  court  having 
the  jurisdiction  of  a  Circuit  and  Chancery  Court,  or 
either,  sitting  as  a  court  might  do  in  such  case.  If  the 
case  be  a  civil  one,  and  the  parties  or  their  attorneys  of 
record  do  not  agree;  or  if  it  be  a  criminal  one  and  the 
prosecuting  officer  and  the  defendant  or  defendants  do 
not  agree  upon  a  special  Judge  or  Chancellor,  or  if 
either  party  in  a  civil  cause  is  not  represented  in  court, 
the  Eegister  in  Chancery  or  the  clerk  of  such  Circuit 
or  other  court,  in  which  said  cause  is  pending,  shall  ap- 
point a  special  Judge  or  Chancellor,  who  shall  preside, 
try  and  render  judgment  as  in  this  section  provided. 
The  General  Assembly  may  prescribe  other  methods  for 
supplying  special  Judges  in  such  cases. 

SECTION  TWENTY-TWO. 

Was  read  at  length  as  follows  and  adopted : 
Sec.  22.  The  General  Assen^bly  shall  have  power  to 
provide  for  the  holding  of  Chancery  and  Circuit  Courts, 
and  for  the  holding  of  courts  having  the  jurisdiction  of 
Circuit  and  Chancery  Courts,  or  either  of  them,  when 
the  Chancellors  or  Judges  thereof  fail  to  attend  regular 
terms. 


1120  Journal  of  Alabama 

section  twenty-three. 

Was  read  at  length  as  follows  aud  adopted : 

Sec.  23.    No  Judge  of  any  court  of  record  in  this  State 

shall  practice  law  in  any  of  the  courts  of  this  State  or 

of  the  United  States. 

SECTION   TWENTY-FOUR. 

Was  read  at  length  as  follows  and  adopted : 
Sec.  24.  Registers  in  chancery  shall  be  appointed  by 
the  Chancellors  of  the  respective  divisions,  and  shall 
have  been  at  least  twelve  months  before  their  api>oint- 
ment,  and  shall  be  at  the  time  of  their  appointment  and 
during  their  continuance  in  office,  resident  citizens  of 
the  district  for  which  they  are  appointed.  They  shall 
hold  office  for  the  term  for  which  the  Chancellor  making 
such  appointment  was  elected  or  appointed.  Such  regis- 
ters shall  receive  as  compensation  for  their  ser- 
vices only  such  fees  and  commissions  as  may  be  spe- 
cifically prescribed  hj  law,  which  fees  shall  be  uniform 
throughout  the  State. 

SECTION  TWENTY-FIVE. 

Was  read  at  length  as  follows : 

Sec.  25.  The  clerk  of  the  Supreme  Court  shall  be  ap- 
pointed by  the  Judges  thereof,  and  shall  hold  office  for 
the  term  of  six  years,  and  the  clerks  of  such  inferior 
courts  as  may  be  established  by  law  shall  be  elected  in 
such  manner  as  the  General  Assembly  may  provide. 

By  unanimous  consent  the  word  "elected''  in  the 
third  line  was  stricken  out  and  the  word  "selected"  was 
inserted  in  lieu  of  the  same. 

The  minority  report  to  Section  25,  by  Messrs.  W^alker, 
Hood,  Jones  of  Hale,  Tayloe,  Davis  of  DeKall),  Fitts, 
Ashcraft,  Leigh,  Coleman  of  Walker,  and  Kirk  was 
read  as  follows: 

Sec.  25.  The  clerk  of  the  Supreme  Court  sliall  be 
elected  by  the  qualified  electors  of  the  State  for  a  term 
of  six  vears.     Any  vacancv  in  the  office  of  such  clerk 


Constitutional  Convention.  1121 

sshall  be  filled  by  appointment  by  the  Justices  of  the 
Supreme  Court  for  the  unexpired  term.  Said  Clerk 
shall  not,  after  the  expiration  of  the  term  of  the  clerk 
noAV  in  office,  receive  to  his  use  any  fees,  costs,  perquis- 
ites of  office  or  compensation  other  than  a  salary  to  be 
prescribed  by  law,  which  shall  not  be  diminished  dur- 
ing his  official  term. 

Mr.  Sanford  ottered  the  following  substitute  for  the 
Section  25  and  minority  report : 

Substitute  for  Section  25  of  the  report  and  minority 
report  of  the  Committee  on  the  Judiciary :  The  clerk  of 
the  Supreme  Court  shall  be  appointed  by  the  Judges 
thereof,  and  shall  hold  the  office  for  the  term  of  six  years 
unless  sooner  removed  by  the  said  court;  and  the 
clerks  of  such  inferior  courts  as  may  be  established  by 
law,  shall  be  appointed  by  the  judges  thereof,  and  shall 
hold  office  during  the  term  of  the  judge  making  such  ap- 
pointment. 

On  motion  of  Mr.  Cobb  the  substitute  offered  by  Mr. 
Sanford  and  the  minority  report  were  laid  upon  the 
table. 

Mr.  Eogers,  of  Sumter,  offered  the  following  amend- 
ment to  Section  25 : 

Amend  Section  25  by  adding  at  the  end  thereof  the 
following: 

The  clerk  of  the  Supreme  Court  shall  not,  after  the 
expiration  of  the  term  of  the  clerk  now  in  office,  receive 
to  his  use  any  fees,  costs,  perquisites  of  office,  or  com- 
pensation other  than  a  salary  to  be  prescribed  by  law, 
which  shall  not  be  diminished  during  his  official  term. 

Mr.  Samford  moved  to  table  the  amendment  offered 
T)y  Mr.  Rogers  of  Sumter. 

The  motion  prevailed. 

Mr.  Graham,  of  Talladega,  raised  the  point  of  order 
that  no  quorum  had  voted  on  the  motion  to  table,  and 
>demanded  a  call  of  the  roll  of  the  Convention,  for  the 
ascertainment  of  a  quorum. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names : 

71 


1122 


Journal  of  Alabama 


Messrs.  President, 

Altinan, 

Banks, 

Barefield, 

Beddow, 

Blackwell, 

Booue, 

Brooks, 

Browne, 

Bulger, 

Burns, 

Byars, 

Cardon, 

Carmicbael  (Colbert), 

Carnathon, 

Chapman, 

Cobl), 

Coleman  (Walker), 

Davis  (Etowah), 

Dent, 

deCxralfenried, 

Duke, 

Eley, 

Espy, 

Ferguson, 

Fletcher, 

I'^ishee, 

(rilmore, 

Glover, 

Graham  ( Montgomery ) , 

Grabam  (Talladega), 

Grayson, 

Haley, 

Handloy. 

Heflin  (Chambers), 

Heflin  'Randolph), 

Henderson, 

Fl'^'-iges, 

Hood, 

Tnue. 

Jones  (Bibb), 


Kirk, 

Kyle, 

Macdonald, 

McMillan  (Wilcox), 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Murphree, 

NeSmith, 

Norman, 

Gates, 

Gpp, 

Palmer, 

Pearce, 

Pettus, 

Phillips, 

Porter, 

Reese, 

Reynolds  (Henry), 

Pogers  ( Siimtcr ), 

Samford, 

Sanford, 

Selheimer, 

Sentell, 

Smith  (Mobile), 

Smitb,  Mac.  A., 

Sorrell, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

W^^tts, 

Weakley, 

Weatherly, 

Wbite, 

Whiteside, 

Wilson  (Clarke),— 81 


Constitutional  Convention.  1123 

The  Chair  announced  a  qnoruni  jtresent,  and  that  the 
motion  to  table  'Sh:  Kogers  amendment  had  i>revailed, 
notwithstanding  a  quorum  had  not  voted. 

On  motion  of  ^Iv.  ^mitli,  of  .\rohile,  Section  25  was 
adopted. 

section  twenty-six. 

AYas  read  at  length  as  follows : 

Sec.  2G.  Clerks  of  the  Circuit  Court  shall  be  elected 
by  the  qualified  electors  in  each  county  for  the  term  of 
six  years,  and  may,  when  appointed  by  the  Chancellor, 
also  fill  the  office  of  Register  in  Chancery.  Vacancies 
in  such  office  of  clerk  shall  be  filled  by  the  Governor  for 
the  unexjDired  term. 

By  unanimous  consent  the  minority  report  to  Section 
2(>  was  withdrawn. 

]Mr.  Gates  offered  the  following  amendment  to  Sec- 
tion 2G: 

Amend  Section  20  by  striking  out  of  lines  three  and 
four  the  word  "Governor"  and  inserting  in  lien  thereof 
the  words  "presiding  judge  of  the  circuit." 

The  amendment  was  adopted. 

On  motion  of  ]Mr.  Smith,  of  Mobile,  Section  26,  as 
amended,  was  adopted. 

AD.TOITiNMENT. 

Tlie  hour  of  7  o'clock  having  arrived,  under  the  rules 
the  Convention  adjourned  until  9  o'clock  to-morrow 
morning. 


SIXTY-FOURTH  DAY^ 
Convention  Hall. 

Montgomery,  Ala.,  Tuesday,  August  6,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Praver  was  ojffered  bv  Ral>bi  Messing  of  the  citv. 


1124 


Journal  of  Alabama 


ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Ashcraft, 

Barefield, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Byars, 

C5ardon, 

(^armichael  (Colbert), 

•Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Oofer, 

Coleman  (Walker), 

Craig, 

Cunningham, 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Espy, 

Ferguson, 

Pitts, 

Fletcher, 

Foster, 

Freeman, 

Gil  more, 

Glover, 

Graham  (Talladega), 


Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Long  (Walker), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Palmer, 


Constitutional  Convention.  1125 

Parker  (Cullman),  Pearce, 

Pettus,  Smith,  Mac.  A. 

Phillips,  Sorrell, 

Pitts,  Spears, 

Proctor,  Tayloe, 

Reese,  Vaughan, 

Reynolds  (Henry),  Waddell, 

Samford,  Walker, 

Sanders,  Watts, 

Sanford,  Weakley, 

Searcy,  Weatherly, 

Selheimer,  White, 

^entell,  Whiteside, 

S^oan,  AVilliams  (Barbour), 

Smith  (Mobile),  Williams  (Marengo) — 94. 

LEAVE  OF  ABSENCE. 

^ynH  granted  to  Messrs.  Bartlett  and  Case  indefinite- 
ly; Moody  for  Monday,  Tuesday  and  Wednesday;  Davis 
of  DeKalb  Tuesday,  Wednesday  and  Thursday;  R.  C. 
Jones,  AMlcox,  from  10  o'clock  until  the  afternoon  ses- 
sion; ]Morrisette  for  yesterday  and  to-day. 

PRIVILEGES  OF  THE  FLOOR. 

On  motion  of  Mr.  Rogers,  of  Sumter,  the  privileges 
of  the  floor  were  extended  to  Hon,  F.  S.  Moody,  ex- 
Senator;  Hon.  Hugh  Morrow,  State  Senator  from  Jef- 
ferson ;  and  to  Hon.  R.  H.  Arrington,  State  Senator 
from  Coffee. 

report  OF  the  committee  ON  the  JOURNAL, 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the 
sixty-third  day  of  the  Convention,  and  that  the  same  is 
correct. 

Respectfully  submitted, 

John  F.  Proctor.  Chainnan. 


1126  Journal  of  Alabama 

resolutions  on  first  reading. 

The  following  resolutions  were  introduced,  read  one 
time  and  referred  to  appropriate  committees  as  fol- 
lows : 

Resolution  286,  by  Mr.  Samf ord : 

Resolved,  That  no  leaves  of  absence  be  granted  ex- 
cept on  account  of  sickness. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  287,  by  Mr.  Ferguson : 

Resolved,  That  the  distinction  between  grand  and 
j)etit  larceny  is  narrow,  technical  and  shadowy;  and  that 
the  punishment  as  between  the  two  said  otfenses  is 
shockingly  unequal. 

The  resolution  was  referred  to  the  Committee  on 
Judiciary. 

REPORT  OF   THE   COMMITTEE  OX   SCHEDULE,   PRINTING   AND 
INCIDENTAL  EXPENSES. 

Mr.  Hellin,  of  Randolph,  chairman  of  the  Committee 
on  Schedule,  Printing  and  Incidental  Expenses,  called 
np  for  adoption  the  following  report: 

The  Committee  on  Schedule,  Printing  and  Incidental 
Expenses  have  instructed  me  to  make  the  following  par- 
tial report,  viz. : 

The  committee  has  audited  the  accounts  hereto  at- 
tached, and  find  that  the  State  of  Alabama  is  indebted 
to  the  Brown  Printing  Co.,  of  ^lontgomery,  Ala.,  in  the 
sum  of  i|68.75. 

We  find  that  said  State  is  indebted  to  William  H, 
Carrigan,  of  ^Montgomery,  Ala.,  in  the  sum  of  .|3. 

We  find  that  said  State  is  indebted  to  Robert  Hasson, 
■door  keeper,  in  the  sum  of  |6.25. 

We  find  that  said  State  is  indebtcnl  to  Ed  C.  Fowler 
Company,  of  ^Montgomery,  Ala.,  in  tlie  sum  of  .f20. 

We  find  that  said  State  is  indebted  to  J.  W.  Terry  of 
Montgomery,  Ala.,  in  tlie  sum  of  |5  for  rent  of  type- 
writer up  to  July  24tli. 


Constitutional  Convention.  1127 

We  find  that  said  State  is  indebted  to  Ed  C.  Fowler 

Co.,  of  Montgomery,  Ala.,  in  the  sum  of  |5.46. 

All  the  above  amounts  for  printing  done,  for  articles 
furnished  the  State  of  Alabama,  for  use  of  Constitu- 
tional Convention,  and  all  of  the  above  amounts  are 
itemized  as  shown  by  the  bills  hereto  attached.  Total 
amount  |108.3S,  and  we  recommend  the  paynjent  of 
the  same.    All  of  which  is  respectfully  submitted. 

John  T.  Heflin. 
Chairnmn  of  Committee  on  Schedule,  Printing  and  In- 
cidental Expenses. 

Mr.  Heflin,  of  Kandolph,  moved  the  adoption  of  the 
report,  and  that  the  President  be  authorized  to  draw  his 
warrant  on  the  State  Treasurer  for  the  several  amounts 
and  in  favor  of  the  several  firms,  and  individuals  set  out 
in  the  above  and  foregoing  report  of  the  committee. 

The  moti(m  prevailed,  and  the  President  was  author- 
ized to  draw  his  warrant  for  the.  payment  of  the  said 
amounts,  set  out  in  the  above  and  foregoing  report. 

unfinished  business. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  busiiiess,  which  was  the  report  of  the 
Committee  on  Judiciary. 

section  twenty-seven. 

AVas  read  at  length  as  follows: 

Sec.  27.  The  clerk  of  the  Supreme  Court  and  regis- 
ters in  Chancery  may  be  removed  from  ofiice  by  the  Jus- 
tices of  the  Supreme  Court,  and  by  the  Chancellor  re- 
spectively, for  cause,  to  be  entered  at  length  upon  the 
minutes  of  the  court. 

On  motion  of  Mr.  Hood  the  minority  report  to  Section 
27  was  withdrawn. 

On  motion  of  Mr.  Smith,  of  Mobile,  Section  27  was 
adopted. 

SECTION  twenty-eight. 

Was  read  at  length  as  follows : 

Sec.  28.  A  Solicitor  for  each  .Judicial  Circuit,  or  other 
territorial  subdivision  prescribed  by  the  General  Assem- 
bly, shall  be  elected  by  the  qualified  electors  of  such  cir- 


1128  Journal  of  Alabama 

cuit  or  other  territorial  subdivision,  who  shall  be  learend 
in  the  law,  and  ^^hQ  shall,  at  the  time  of  his  election  and 
during  his  continuance  in  office,  reside  in  the  circuit  or 
other  territorial  subdivision  for  which  he  is  elected,  and 
whose  term  of  office  shall  be  for  four  years;  provided, 
that  this  article  shall  not  operate  to  abridge  the  term  of 
any  soUcitor  now  in  office;  and,  provided  further,  that 
the  solicitors  elected  in  the  year  1904  shall  hold  office  for 
six  years,  and  until  their  successors  are  elected  and 
qualified. 

The  minority  report  to  Section  28,  by  Messrs.  Lowe 
of  Jetferson,  Duke,  Hetlin  of  Kandolpli,  Samford,  Gra- 
ham of  Montgomery,  Kirk,  and  Ferguson,  was  read  at 
length  as  follows : 

Sec.  28.  A  Solicitor  for  each  Judicial  Circuit  or  other 
territorial  subdivision  prescribed  hj  the  Legislature 
shall  be  elected  by  joint  ballot  of  the  Legislature,  who 
shall,  at  the  time  of  his  election,  and  during  his  con- 
tinuance in  office,  reside  in  the  circuit  or  other  terri- 
torial subdivision,  for  which  he  is  elected,  and  whose 
term  of  office  shall  be  for  four  j^ears;  and  who  shall  be 
paid  a  salary  to  be  fixed  by  law,  and  which  shall  not  be 
increased  or  diminished  during  the  term  for  which  he  is 
elected;  provided,  that  nothing  in  this  article  shall  ope- 
rate to  abridge  the  term  or  emoluments  of  any  Solicitor 
now  in  office. 

Mr,  Samford  offered  the  following  amendment  to  the 
minority  report : 

Provided,  that  the  Legislature  may,  when  necessarj^,. 
provide  for  the  election  or  appointment  of  county  so- 
licitors. 

By  unanimous  consent  tlie  amendment  offered  by  ]Mr. 
Samford  was  adopted,. 

Mr,  Ferguson  offered  the  following  amendment  to 
the  minority  report: 

To  amend  the  minority  report  on  Section  28  in  line 
two,  after  the  word  ''Legislature''  hy  adding  the  words 
"who  shall  be  learned  in  the  law,  and."  And  to  amend 
the  same  in  line  four  by  striking  out  the  wopd  "four'^ 
and  inserting  in  place  thereof  the  word  "six." 

The  amendment  offered  by  3[r.  Ferguson  wa» 
adopted. 

The  minority  report  was  thereupon  adopted. 


Constitutional  Convention.  1129 

reconsideration. 

Mr.  NeSmith  moved  to  reconsider  the  vote  by  which 
the  amendments  to  the  minority  report  were  adopted. 

On  motion  of  Mr.  deGraffenried  the  motion  of  Mr. 
NeSmith  was  laid  upon  the  table.  ' 

Mr.  Spragins  offered  the  following  amendment  to 
Section  28 : 

Amend  Section  28,  as  amended,  by  adding  after  the 
words  "County  Solicitor"  the  following:  ''Who  shall  be 
paid  a  salary  to  be  fixed  by  law." 

Mr.  Barefield  offered  the  following  amendment  to 
the  amendment  offered  by  Mr.  Spragins,  which  was  ac- 
cepted by  unanimous  consent: 

Amend  the  amendment  of  Mr.  Spragins  :  Provided  that 
this  section  shall  not  apply  to  deputy  solicitors. 

Mr.  Ashcraft  offered  the  following  substitute  for  the 
section  and  the  amendment  offered  by  Mr.  Spragins : 

A  Solicitor  in  each  county  shall  be  elected  by  the 
qualified  electors  therein,  every  four  years,  whose  sal- 
ary shall  be  fixed  by  law,  according  to  the  requirements 
in  each  county.  The  ofiice  of  Circuit  Solicitor  shall 
cease  at  the  termination  of  the  terms  of  the  present  in- 
cumbents. 

Mr.  Heflin,  of  Chambers,  moved  to  table  the  substi- 
tute and  amendment. 

A  division  of  the  question  was  demanded. 

Mr.  Spragins  asked  unanimous  consent  to  withdraw 
his  amendment. 

Leave  was  granted,  and  the  amendment  of  Mr.  Sprag- 
ins was  withdrawn. 

The  motion  to  table  was  lost :  Yeas,  44 ;  nays,  65. 

YEAS. 

Messrs.  President.  Coleman  (Walker), 

Banks,  deGraffenried, 

Browne,  Duke, 

Cardon,  Ferguson, 

Oarmichael   (Colbert),  Foster, 

Carmichael  (Coffee),  Glover, 

Carnathon,  Greer  (Calhoun), 

Cobb,  Haley, 


1130 


Journal  of  Alabama 


Handley, 

Harrison, 

Heflin  (Chambers), 

Hctlin  (Kandolph), 

Howze, 

JackvSon, 

Jenkins, 

Kirk, 

Kii'kJand, 

Knight, 

Long  (Butler), 

Long-  (Walker), 

Maedonald, 


Opp, 

Keese, 

Reynolds  ( Henry  )> 

Samford, 

Searcy, 

Selheimer, 

Sentell, 

iStewart, 

Vanghan, 

Weatherly, 

Whiteside, 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  M'larke)— 44. 


NAYS. 


Messrs.  Ashcraft, 
Barefield, 
Beavers, 
Beddow, 
Black  well, 
Boone, 
Brooks, 
Bulger, 
Byars, 
<Uhapman, 
Cofer, 
Cornwell, 
Craig, 

Davis  (Etowah), 
Dent, 
Espy, 
Fitts, 
Fletcher, 
Freeman, 
<Tilmore, 

Graham  ( Talladega) , 
Crayson, 
Hend3rsoii, 
Hodges, 


Howell, 
Jones  (Bibb), 
Jones  (Hale), 
Kyle, 

Lowe  (Lawrence), 
McMillan  (Baldwin), 
McMillan  (Wilcox), 
Malone, 
?J  ax  well, 
Merrill, 

]\riller  ( ^Marengo), 
Miller  (Wilcox), 
;^^ulkey, 
Mnrphree, 
NeSmith, 
Norman, 
Oates, 
Palmer, 

Parker  (Elmore), 
Pearce, 
Pettns, 
Phillips, 
Pitts, 
Porler, 


Constitutional  Convention.  llol 


llogers  (Sumter),  Spragins, 

Sanders,  Studdard, 

Sanford,  Tavloe, 

Sloan,  Waddell, 

SujiMj,  Mac.  A.,  Walker, 

Smith,  Morgan  M.,  Watts, 

Sorrell,  W'eakiey, 

Spears,  White — Go. 

PAIRS   announced. 

Tlie  following  pairs  were  anuonneed : 

Messrs.  Craham  of  Montgomery  and  Hood,  Lomax 
and  Smith  of  Mobile,  ^lorrisette  and  Thompson,  Burns 
and  Bartlett.  Messrs.  Graham  of  Montgomery,  Lomax, 
Mori'isette  and  Burns  would  vote  aye ;  and  Messrs.  Hood, 
Smith  of  Mobihs  Thompson  and  Bartlett  would  vote 
nay. 

The  (piestion  recurred  upon  the  adoption  of  tlie  sub- 
f^titute  offcn'ed  by  ~Slr.  Aslicraft. 

The  substitute  ottered  by  Mr.  Ashcraft  was  adopted. 

reconsideration. 

Mr.  (leGratfenried  gave  notice  that  on  to-morrow  he 
wouhl  move  to  reconsider  the  vote  l)y  which  tlie  substi- 
tute of  Mr.  Ashcraft  was  adopted. 

Section  28,  as  amended,  was,  on  motion  of  Mr.  Smith, 
of  Mobile,  adopted. 

SECTION   TWENTY-NINE. 

Was  read  at  length  as  follows: 

Sec.  29.  In  each  precinct  not  lying  mthin,  or  partly 
within,  any  city  or  incorporated  town  of  more  than  2,500 
inhal)itauts,  there  shall  be  elected,  by  the  qualified  elec- 
tors of  such  precinct  not  exceeding  two  Justices  of  the 
Peace  and  one  Constable.  Where  one  or  more  precincts 
lie  within,  or  partly  within,  a  citj  or  incorporated  town 
having  more  than  2,500  inhabitants,  the  General  As- 


1132  Journal  of  Alabama 

sembly  may  provide  by  law  for  the  election  of  not  more 
than  two  Justices  of  the  Peace  and  one  Constable,  for 
each  of  such  precincts,  or  an  inferior  court  for  such 
precinct  or  precincts,  in  lieu  of  all  Justices  of  the  Peace 
therein.  Justices  of  the  Peace,  and  the  inferior  courts 
herein  provided  for,  shall  have  jurisdiction  in  all  ci^il 
cases  where  the  amount  in  contrcrversy  does  not  exceed 
|100,  excei^t  in  cases  of  libel,  slander,  assault  and  bat- 
tery, and  ejectment.  The  General  Assembly  may  pro- 
vide by  law  what  fees  may  be  charged  by  Justices  of  the 
Peace  and  Constables,  which  fees  shall  be  uniform 
throughout  the  State.  The  right  of  appeal  from  an}^ 
judgment  of  a  Justice  of  the  Peace,  or  from  any  infer- 
ior court  authorized  by  this  section,  without  the  prepay- 
ment of  costs,  and  also  in  the  term  of  office  of  such  Jus- 
tices, and  of  the  Judges  of  s;ieh  inferior  courts,  and  of 
Notaries  Public,  shall  be  provided  for  by  law.  The  Gov- 
ernor may  appoint  Notaries  Public  without  the  powei*s 
of  a  Justice  of  the  Peace,  and  may,  except  where  other- 
wise provided  by  an  act  of  the  General  Assembly,  ap- 
point not  more  than  one  Notary  Public  with  all  of  the 
powers  and  jurisdiction  of  a  Justice  of  the  Peace  for 
each  precinct  in  which  the  election  of  Justices  of  the- 
Peace  shall  be  authorized. 

The  following-  minority  report  l)y  Mr.  Jones,  of  Hale;. 
was  read  as  follows: 

The  undersigned  member  of  the  committee,  differs 
from  the  majority  as  to  Section  29  of  said  report,  and 
would  suggest  the  following  change  in  the  last  para- 
graph of  the  section : 

Strike  out  the  word  ''except"  and  strike  out  the  word 
"otherAvise"  in  the  last  paragraph  of  Section  29. 

On  motion  of  Mr.  Smith,  of  Mobile,  the  minority  re- 
port was  laid  upon  the  table. 

Mr.  Williams,  />f  Marengo,  otfered  the  following, 
amendment  to  Section  29  : 

Amend  Section  29  of  the  report  of  the  Committee  on 
Judiciary  by  striking  out  in  the  eighth  line  the  words 
"and  the  inferior  court  herein  provided  for,"  and  by  in- 
serting after  the  word  "ejectment"  in  the  tenth  line,  the 
following :  "And  the  inferior  courts  herein  provided  for 


COXSTITUTIOXAL  CoXVENTlOxX.  1133 

shall  have  sneh  jurisdiction  as  may  l)e  conferred  on  thorn 
by  law." 

~Mi\  Cobb  offered  the  followinii-  sn))stitnte  for  the 
aiiieudment  offered  by  Mr.  Williams,  of  ]Mai-euf»o,  which 
v\as  .'ccepted 

By  striking'  out  the  words  ''and  the  inferior  courts 
herein  provided  for"  in  the  eij;hth  line  of  the  original 
section;  and  by  adding  after  the  word  "law"  in  the  fif- 
teenth line,  the  following:  '"Such  inferior  courts  shall 
have  jurisdiction  of  Justices  of  the  Peace,  except  that 
in  civil  cases,  they  shall  have  jurisdiction  where  the 
amount  involved  does  not  exceed  |250." 

Mr.  Vaughan  off'ei-^d  the  following  siibstitute  for  the 
Section  29  and  the  substitute  offered  by  Mr.  Cobb : 

There  shall  be  elected  by  the  qualified  electors  of  each 
precinct  of  the  counties  not  exceeding  two  Justices  of 
the  Peace  and  one  Constable.  Such  Justices  shall  have 
jurisdiction  in  all  civil  cases  wherein  the  amount  in 
controversy  does  not  exceed  flOO,  except  in  cases  of 
libel,  slander,  assault  and  battery  and  ejectment. 

In  all  cases  tried  before  such  Justices,  the  right  of 
appeal,  without  prepayment  of  cost  shall  be  secured  by 
law;  provided,  that  in  incorporated  cities  or  towns  hav- 
ing 2,000  inhabitants  or  more  the  General  Assembly 
may  provide  an  inferior  court  of  record  for  such  city  or 
town  in  lieu  of  all  Justices  of  the  Peace  therein,  and 
such  inferior  court  shall  have  the  jurisdiction  of  Jus- 
tices of  the  Peace.  Appeals  from  such  infei'ior  court 
may  be  taken  to  the  Circuit  or  City  Court;  provided 
further  that  the  Governor  may  appoint  one  Notary  Pub- 
lic for  each  election  precinct  and  from  each  ward  in 
cities  of  over  5,000  inhabitants  without  the  jurisdiction 
of  Justices  of  the  Peace,  and  the  term  of  such  Notaries 
shall  be  prescribed  by  law. 

Mr.  Graham,  of  Montgomery,  moved  to  table  the 
amendment  of  Mr.  Williams,  of  Marengo,  and  the  sub- 
stitute offered  by  Mr.  Vaughan. 

A  division  of  the  question  Avas  demanded. 

The  question  recurred  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Vaughan. 

The  substitute  was  lost. 


1134  Journal  of  Alabama 

The  (iiiestion  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr,  Williams,  of  ^larengo,  as 
amended  bv  the  substitute  offered  by  Mr.  Cobb. 

The  amendment  of  Mr.  A^'illiams,  of  ^larengo,  was 
lost. 

Mr.  Keese  offered  the  followinji"  amendment  to  Sec- 
tion 29 : 

Insert  after  the  word  'iiber'  in  tenth  line,  the  words 
"and  the  jurisidction  of  such  superior  court  shall  ex- 
tend over  and  include  all  precincts  next  contii;uous 
thereto. 

The  amendment  of  Mr.  lieese  was  lost. 

Mr.  Waddell  offered  the  followinji"  amendment  to  Sec- 
tion 29: 

Anu^nd  by  ad<lin<>-  the  followinjj,'  at  tlu^  end  of  Section  : 
Provided  that  Justices  of  the  Peace  shall  not  have  tinal 
jurisdiction  in  criminal  cases. 

On  motion  of  Mr.  Greer,  of  Calhoun,  the  amendnu'ut 
was  laid  upon  the  table. 

Mr.  deOraff'enried  offered  the  following  anuMuhuent 
to  Section  29 : 

Anu^nd  Section  29  of  the  report  of  the  C<mimittee  on 
Judiciary  by  strikiuij,-  out  in  lines  two  and  five  thereof 
the  words  "twenty-five  hundred"  and  inserting  in  i)lace 
thereof  the  words  "fifteen  hundred." 

The  amendment  offered  by  Mi'.  <le({raff"eniied  was 
adopted. 

On  uioHon  of  Mr.  Smith,  of  ^Iobi!«%  Section  29  was 
adopted. 

SECTION   THIRTY. 

AVas  read  at  leni>th  as  follows: 

Sec.  30.  The  Attorney  General  shall  be  elected  by  the 
qualifie<l  electors  of  the  State  at  the  same  time  and 
] daces  of  election  of  mend)ers  of  the  General  Assembly, 
whose  term  of  office  shall  be  for  four  years  and  until 
his  successor  is  elected  and  qualified.  After  his  election 
he  shall  reside  at  the  seat  of  s'overnment,  shall  be  the 
law  officer  of  the  State,  and  shall  perform  such  duties 
as  may  be  required  of  him  by  law. 


Constitutional  Convention.  1135 

Mr.  Colemau,  of  Greene,  offered  the  following  amend- 
ment to  Section  30,  whicli  was  adopted. 

Amend  by  adding-  after  the  words  "seat  of  govern- 
ment''  the  words  "during  his  term  of  ofiice.'' 

On  motion  of  Mr.  Walker  the  words  "after  his  elec- 
tion" was  stricken  out  in  the  third  and  fourth  lines. 

On  motion  of  Mr.  Smith,  of  Mobile,  Section  30  was 
adopted. 

section  thirty-one. 

Was  read  at  lengtli  as  follows  and  adopted : 

Sec.  31.  The  style  of  all  process  shall  be  "The  State 
of  Alabama"  and  all  prosecutions  shall  be  carried  on  in 
the  name  and  by  the  authority  of  the  same,  and  shall 
conclude  "Against  the  peace  and  dignity  of  the  State." 

Mr.  Samford  offered  the  following  amendment,  to  con- 
stitute a  new  section : 

Amend  the  article  by  adding  "nothing  in  this  article 
shall  be  so  construed  as  to  effect  the  term  of  office  of 
any  officer  now  in  office." 

Mr.  Burns  offered  the  following  amendment  to  the 
amendment  offered  l)y  Mr.  Samford  : 

No  judiciay  officer  shall  ever  be  interested  in  the  ter- 
mination of  any  criminal  cause  \^'hich  may  be  tried  be- 
fore him. 

On  motion  of  Mr.  Samford  the  amendment  offered 
by  !Mr.  Burns  was  laid  upon  the  table. 

The  auiendmeut  offered  by  Mr.  Samford  Avas  adopted. 

^fr.  Ashcraft  offered  the  following  amendment,  to 
constitute  a  new  section : 

All  fees  in  excess  of  a  salary  to  be  fixed  by  law  col- 
lected by  the  clerk  of  the  Sui^reme  Court  shall  be  by 
such  clerk  turned  into  the  State  Treasury  for  the  credit 
of  the  general  fund  of  the  State. 

RECESS. 

Pending  the  further  Cimsideration  of  the  Committee 
on  Judiciary,  the  hour  of  1  o'clock  p.  m.  arrived,  and 
under  the  rules  the  Convention  recessed  until  3:30  this 
afternoon. 


1136  Journal  of  Alabama 

AFTERNOON  SESSION. 
The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum :  a 


Messrs.  President, 

Ashcraft, 

Barefield, 

Beavers, 

Beddow, 

Bethune, 

Black  well, 

Boone, 

Brooks, 

Browne, 

Burns, 

Byars, 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Craig, 

Cinmingham, 

Dent, 

deCraffenried, 

Duke, 

Eley, 

Espy, 

Fletcher, 

Foster, 

Gilmore, 

Clover, 

(t rah  am  ( Talladega ) , 

Grayson, 

Oreer  (Calhoun), 


Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Howell, 

Ilowze, 

Inge, 

Jones  (Bibb), 

Kirkland, 

Kyle, 

Lomax, 

Long  (Walker), 

^lacdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

JNIalone, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

:\riner  (Wilcox), 

Mulkey, 

ISfurphree, 

Norman, 

Norwood, 

Gates, 

Opp. 

O'Rear, 

Palmer, 


■Constitutional  Convention.  1137 

Pearce,  Sorrell, 

Pettus,  Stewart, 

Phillips,  Stiiddard, 

Porter,  ^  Tayloe, 

Beese,  Thompson, 

Reynolds    (Henrvj,  Vaughan, 

Rogers  ( Sumter f,  ^A' addell, 

•Samford,  U'alker, 

Sanders,  Watts, 

Sanford,  Weakley, 

Searcy,  Weatheriy, 

Selheimer,  ^V]liteside, 

Sentell,  Williams  (Barbour), 

Sloan,  Williams  (Marengo), 

Smith  (Mobile),  Williams  (Elmore), 

Smith,  Mae.  A.  Wilson  ( Clarke )  —93. 

recommittal  of  ordinances. 

On  motion  of  Mr.  deGraffenried,  ordinance  No.  423 
was  recommitted  ,to  the  Committee  on  Banks  and  Bank- 
ing. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Judiciary. 

The  question  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Ashcraft,  to  constitute  a 
new  section  to  the  article  of  the  report  of  the  Com- 
mittee on  Judiciary. 

On  motion  of  Mr.  Smith,  of  Mobile,  the  amendment 
offered  by  Mr.  Ashcraft  was  laid  upon  the  table. 

Mr.  Oates  offered  the  following  amendment,  to  con- 
stitute a  new  section,  to  the  Article  on  Judiciary : 

Amend  article  of  the  Judiciary  Department  by  add- 
ing the  following  section  thereto : 

Sec.  — .  The  Legislature  shall  haye  power  to  abolish 
any  court  except   the    Supreme    and   Probate    Courts, 

■72 


1138  Journal  of  Alabama 

whenever  necessary,  from  any  cause,  or  its  jurisdic- 
tion and  functions  liave  been  conferred  upon  some  other 
court. 

The  amendment  was  adopted. 

Mr.  Reese  otfered  the  following  amendment,  to  con- 
stitute a  new  section,  to  the  Article  on  Judiciary : 

Sec.  31.  The  Legislature  may,  by  law,  change  the 
mode  of  selecting  the  Solicitor  of  any  county  or  may 
provide  for  the  appointment  of  such  officer. 

On  motion  of  Mr.  Smith,  of  ^Mobile,  the  amendment 
was  laid  upon  the  table. 

Mr.  Mulkey  offered  the  following  amendment,  to  con- 
stitute a  new  section,  to  the  Article  on  Judiciary : 

Sec.  31.  Any  Justice  of  the  Peace,  or  Notary  Public, 
exercising  the  powers  and  duties  of  a  Justice  of  the 
Peace,  who,  for  a  consideration  or  reward,  compro- 
mises, or  consents  to  a  compromise,  of  any  criminal  case 
pending  in  his  court,  shall  be  guilty  of  a  misdemeanor, 
and  shall  also  be  liable  theiiefor  to  impeachment  under 
the  provisions  of  this  Constitution. 

On  motion  of  ]Mr.  Smith,  of  Mobile,  the  amendment 
was  laid  upon  the  table. 

Mr.  Oates  offered  the  following  amendment,  to  con- 
stitute a  new  section  to  the  Article  on  Judiciary: 

Sec.  — .  It  shall  be  the  duty  of  the  Legislature  to  pro- 
vide far  the  ap])()intment  and  compensation  of  a  com- 
petent nund)er  of  court  stenographers,  who  shall  act 
under  onth,  and  whose  duty  it  shall  be  to  take  stenog- 
raphically  and  ty})ewrite  all  the  evidence  in  criminal 
eases,  as  may  be  prescribed  by  law. 

On  motion  of  !Mr.  Smith,  of  Mobile,  the  amendment 
was  laid  upon  the  table. 

Mr.  Williams,  of  Elmore,  offered  the  following 
amen<lment,  to  couvstitute  a  new  section  to  the  Article 
on  Judiciary : 

Amend  by  adding  Section  35  to  said  article  as  follows: 

The  comjKMisaion  of  the  Judges  of  the  Suinrme  Court 
shall  be  f 5,000  ])er  annum;  Judges  of  the  Circuit  Courts 
a,nd  the  Chancellors  shall  be  $3,000  per  annum. 

On  motion  of  ^Ir.  AValker  the  amendment  was  laid 
upon  the  table. 


Constitutional  Convention.  1139 

Mr.  Gates  offered  the  following  amendment,  to  con- 
stitnte  a  ne\v  section  to  tlie  Article  on  Judiciary: 

vSee.  — .  A  Grand  Jury,  antliorized  hy  law,  in  any  of 
the  courts  of  this  State,  shall  consist  of  not  less  than 
eighteen  qualified  persons,  ten  of  whom  shall  concur  in 
order  to  find  a  bill  of  indictment;  and  in  all  cases  of 
lynching  and  felonies,  which,  upon  conviction,  may  be 
punished  capitally,  if  the  first  Grand  Jury  sitting  with- 
in the  jurisdiction,  after  the  commission  of  such  offense, 
fails  to  find  a  bill  of  indictment,  the  Solicitor  for  the 
State  shall,  under  oath,  disclose  the  substance  of  all 
the  evidence  in  such  case,  which  was  before  such  Grand 
Jury,  to  the  Judge  presiding  and  holding  such  court, 
and  thereu])on  if  he  be  of  opinion  that  an  indictment 
should  have  been  fouu<l  and  returned  into  court  by 
such  Grand  Jury  he  shall  enter  an  order  upon  the  trial 
docket  of  said  court  directing  the  Solicitor  to  proceed 
against  the  suspected  parties  by  information,  as  may 
be  prescribed  by  law. 

Gn  motion  of  Mr.  Smith,  of  Mobile,  the  amendment 
offered  by  Mr.  Gates  was  laid  upon  the  table. 

■Mr.  Burns  offered  the  following  amendment,  to  con- 
stitute a  new  section  to  the  Article  on  Judiciary: 

In  tl>e  trial  of  all  cases  before  any  judicial  officer  the 
compensation  of  the  trial  Judge  or  Justice  shall  be  tlie 
same,  whether  or  not  the  defendant  be  convicted  or  dis- 
charged. 

Gn  motion  of  ^Ir.  Smith  of  Mobile  the  auiendment  of- 
fered by  Mr.  Burns  was  laid  upon  the  table. 

Mr.  Wilson,  of  Clarke,  offered  the  following  amend- 
ment, to  constitute  a  new  section,  to  the  Article  on 
Judiciary : 

Sec.  — .  It  shall  be  the  duty  of  the  Legislature  to 
provide  for  taking  down  and  preserving  verbatim  re- 
ports of  the  evidence  in  criminal  and  civil  cases. 

Mr.  Wilson,  of  Clarke,  offered  the  following  amend- 
ment to  the  amendment  offered  by  himself : 

Amend  by  adding  at  the  end  thereof  "in  Circuit  Courts 
or  courts  of  like  jurisdiction." 

jMr.  Coleman,  of  Greene,  moved  to  table  the  amend- 
ment offered  by  Mr.  Wilson,  of  Clarke. 

The  motion  to  table  was  lost :  Yeas,  52 ;  nays,  60. 


1140 


Journal  of  Alabama 


YEAS. 


Messrs.  Ashcraft, 

Beavers, 

Beddow, 

Bethune, 

Boone, 

Burns, 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walkerj, 

Eley, 

Ferguson, 

Fletcher, 

Greer  (Calhoun), 

Handley, 

Heflin  (Randolph), 

Henderson, 

Howze, 

Inge, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Lomax, 

Lowe  (Lawrence), 


Macdonald, 
McMillan  (Wilcox), 
Merrill, 

Miller  (Marengo), 
Miller  (Wilcox), 
Opp, 
O'Kear, 
Palmer, 

Parker  (Cullman), 
Pearco, 

Reynolds  (Henry), 
Samford, 
ISearey, 
Selheimer, 
Sentell, 

Smith  (Mobile), 
Smith,  Mac.  A., 
Smith,  Morgan  M., 
Sorrell, 
Spragins, 
Stewart, 
Vaughan, 
Walker, 
Watts, 

Williams  (Barbour), 
Williams  ( Marengo )  — 52. 


NAYS 


Messrs.  President, 
Banks, 
Barefield, 
Blackwell, 
Brooks, 
Browne, 
Bulger, 
Byars, 
Cardon, 
Carmichael  (Colbert), 


Carmichael  (Coffee), 
Cofer, 
Cornwell, 
Craig, 

Cunningham, 
Dent, 

deGraffenried, 
Duke, 
Espy, 
Fitts, 


Constitutional  Convention. 


1141 


Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  ( Talladega ) , 

Grayson, 

Haley, 

Harrison, 

Heflin  (Chambers), 

Hodges, 

Hood, 

Howell, 

Jackson, 

Knight, 

Kyle, 

Long  (Walker), 

McMillan  (Baldwin), 

Malone, 

Maxwell, 


Mulkey, 

^Iiirphree, 

Norman, 

Norwood, 

Gates, 

Parker  (Elmore),, 

Pettus, 

Pitts, 

Porter, 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Tayloe, 

Thompson, 

Waddell, 

Weakley, 

Weather  ly. 

White, 

Whiteside, 

Wilson  (Clarke)— 60. 


The  question  recurred  upon  the  adoption  of  the 
amendment  to  the  amendment  offered  by  Mr.  Wilson,  of 
Clarke. 

The  amendment  was  adopted. 

The  question  then  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Wilson,  of  Clarke,  as  amended 
by  the  amendment  offered  by  himself. 

The  amendment  was  lost :  Yeas,  45 ;  nays,  70. 

YEAS. 


Messrs.  President, 

Carmicliael  (Coffee), 

Banks, 

Cornwell, 

Barefield, 

Craig, 

Blackwell, 

Davis  (Etowah), 

Brooks. 

Dent, 

Browne, 

doGraffenried, 

Byars, 

Duke,, 

Cardon. 

Espy, 

€armichael  (Colbert), 

Pitts, 

1142 


Journal  of  Alabajia 


Freeman, 

Gilmore, 

Glover, 

Oraliam  (Talladega), 

Haley, 

Hood, 

Jackson, 

Kyle, 

Lono-  (Walker), 

McMillan  (Baldwin), 

Malone, 

Maxwell, 

Mulkey, 

INIurphree, 


Norman, 

Norw.ood, 

Parker  (Elmore), 

I'ilts. 

Porter, 

Sanders, 

Thompson, 

Waddell, 

Weakley, 

Weatherly, 

Whiteside, 

Williams  (Elmore), 

Wilson  (Clarke)- — 15. 


NAYS. 


Messrs.  Ashcraft, 

Beavers, 

Beddow, 

Bethune, 

Boone, 

Bulger, 

Burns, 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  ( AA'alker ) , 

Cunningham, 

Eley, 

Ferguson, 

Fletcher, 

Foster, 

Graham  (Montgomery) 

Grayson, 

Greer  (Calhomi), 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 


Henderson, 

Powell, 

Howze, 

Inge, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

IvnigliL, 

Lomax, 

Lowe  (Lawrence), 

]iIacdonald, 

McMillan  (Wilcox), 

.Merrill, 

Miller    (Marengo), 

Miller  (Wilcox), 

Gates, 

Onit. 

O'Bear, 

Palmer, 

]*arker  (Cullman), 

Pcnrce, 

Pettns, 

Reese, 


Constitutional  Convention.  1143 

Iveyiiolds    (Henry),  Sorrell, 

Ivogers  (Sumter),  Spears, 

Samford,  Spragins, 

Sanford,  Stewart, 

Scai'cy,  Tayloe, 

Sellieimer,  Vaughau, 

Sentell,  ^Valk(M^ 

S'oaii,  ■  Watts, 

«mith    (Mobile),  White, 

Smith,  Mac.  A.  Williams  (Barbour), 

Smith,  Morgan  ^1.,  Williams  (Marengo) — 70. 

Mr.  Whiteside  offered  the  following  amendment,  to 
constitute  a  new  section  to  the  Article  on  Judiciary : 

Sec.  — .  After  suit  has  been  commenced  on  any  cause 
of  action  the  Legislature  shall  have  no  power  to  take 
away  such  cause  of  action,  or  to  destroy  any  defense  that 
may  exist,  to  any  suit  after  such  suit  has  been  com- 
menced. 

The  amendment  otfci-ed  by  Mr.  ^Vhitesid(>  was  adopted. 

reconsideration. 

]\Ir.  Dent  gave  notice  that  on  to-morrow  he  Avould 
move  to  reconsider  the  vote  l)y  which  the  following 
amendment  was  ado]7ted : 

Sec.  — .  The  Legislature  shall  have  power  to  abolish 
any  court,  except  the  Supreme  Court  and  Probate 
Courts,  whenever  necessary,  from  any  cause,  or  its 
jurisdiction  and  functions  have  been  conferred  upon 
some  other  court. 

Mr.  Smith,  of  Mobile,  moved  that  the  article  reported 
by  the  Committee  on  Judiciary  he  ordered  engrossed 
for  a  third  reading. 

Bv  unanimous  consent  the  motion  of  Mr.  Smith,  of 
Mobile,  was  laid  upon  the  table,  to  he  considered  on  to- 
morrow, after  the  disposition  of  the  motion  to  recon- 
sider cer-tain  sections  of  said  article. 


1144  Journal  of  Alabama, 

special  order. 

The  Conveutioji  proceeded  to  tbe  consideration  of  the 
special  order,  which  was  the  resolution  194,  by  Mr.  Mor- 
risette. 

The  resolution  was  read  as  follows : 

Resolved  by  the  people  of  Alabama,  in  Convention  as- 
sembled, that  the  next  General  Assembly  of  Alabama 
shall  reduce  the  tax  on  fertilizer  to  10  cents  per  ton. 

Resolved  further.  That  the  General  Assembly  at  the 
same  time  shall  provide  for  the  support  of  the  various 
Agricultural  Schools  in  this  State  out  of  the  general 
fund  of  the  State. 

Mr.  Greer,  of  Calhoun,  offered  the  following  substi- 
tute for  the  resolution : 

Resolved,  b}^  the  people  of  Alabama,  in  Convention  as- 
sembled, That  the  next  Legislature  of  Alabama  shall  fix 
the  tax  on  fertilizer  at  |1.00  per  ton. 

Resolved  further,  that  the  Legislature  at  the  same  time 
shall  provide  for  the  establishment  and  support  of  an 
Agricultural  School  in  each  county  in  the  State  where 
such  Agricultural  School  has  not  been  established  here- 
tofore; and  that  such  schools  be  maintained  and  sup- 
ported out  of  the  fund  raised  by  said  fertilizer  tax. 

Mr.  Pearce  offered  the  following  substitute  for  the 
resolution  and  the  substitute  offered  by  Mr.  Greer,  of 
Calhoun : 

Be  it  ordained  by  the  people  of  Alabauui  in  Conven- 
tion assembled  that  after  January  1,  1903,  no  tax  on 
fertilizer  in  excess  of  10  cents  per  ton  shall  be  levied  on 
the  sale  or  manufacture  of  fertilizers  in  this  State;  that 
the  proceeds  arising  from  such  tax  shall  be  used  ex- 
clusively for  the  benefit  of  the  farmers  of  the  State. 

On  motion  of  Mr.  Heflin,  of  Chambeis,  the  substitute 
offered  by  Mr.  Pearce  was  laid  upon  the  table. 

On  motion  of  Mr.  Heflin,  of  Chambers,  the  amend- 
ment of  Mr.  Greer,  of  Calhoun,  was  laid  upon  the  table. 

Mr.  Espy  offered  the  following  auiendment  to  the 
resolution : 

Amend  by  striking  therefrom  the  following,  words : 


Constitutional  Convention.  1145 

Resolved  further,  that  the  General  Assembly,  at  the 
same  time  shall  provide  for  the  support  of  the  various 
Agricultural  Schools  in  this  State  out  of  the  general 
fund  of  the  State. 

Mr.  Vaughan  moved  to  table  the  amendment  and 
resolution. 

adjournment. 

Pending  the  further  consideration  of  resolution  194, 
the  hour  of  7  o'clock  p.  m.  arrived,  and  under  the  rules 
the  Convention  adjourned  until  9  o'clock  to-morrow 
mornins:. 


SIXTY-FIFTH  DAY. 
Convention  Hall. 
Montgomery,  Ala.,  Wednesday,  August  7,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rabbi  Messing  of  the  city. 

roll  call. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Rvars, 

Ashcra.ft,  Cardon, 

Barefield,  Carmichael  (Colbert), 

Beddow,  Carmichael  (Coffee), 

Bethune,  Chapman, 

Blackwell,  Cobb, 

Boone,  Coleman  (Greene), 

Brooks,  Coleman  (Walker), 

Browne,  Craig, 

Bulger,  Cunningham, 


1146 


Journal  of  Alabama 


Dent, 

deGraffenried, 
Eley, 
Espy, 
Ferguson, 
Fitts, 
Fosliee, 
Foster, 
Gilmore, 
Glover, 

Graham  ( Montgomery ) , 
Graham  (Talladega), 
Grayson, 
Greer  (Calhoun), 
Haley, 
Handley, 
Harrison, 

Heflin  (Chambers), 
fieflin  (Randolph), 
Henderson, 
Hood, 
Howell, 
Howze, 
Inge, 
Jackson, 
Jenkins, 
Jones  (Bibb), 
Jones  (Wilcox), 
lOrk, 
Kirkland, 
Knight, 
Kyle, 
Ledbetter, 
Locklin, 
Lomax, 

Long  (Butler), 
Long  (Walker), 
Lowe  (Jefferson), 
TMacdonald, 
McMillan  (Baldwin), 
McMillan  (Wilcox), 
Malone, 
Maxwell, 


Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  ( Lauderdale) , 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pitts, 

Porter, 

lieynolds  (Henry), 

TJogers  ('Sumter), 

Samford, 

Sanders, 

Snnford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac,  A., 

Smith,  Morgan  M. 

Sorrell, 

Stewart, 

Studdard, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Williams  (Elmore)— 105. 


Constitutional  Convention.  1147 

leave  of  absence. 

AVas  graiited  to  31essrvs.  Keese  for  to-day;  SolIi(»  and 
Leigh  iudefinitelj. 

report  of  the  committee  on   the   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  sixty-fourth 
day  of  the  Convention  and  that  the  same  is  correct. 

liespectfully  submitted. 

John  *F.  Proctor,  Chairman. 

RESOLUTIONS   ON   FIRST   READING. 

The  following  resolution  was  introduced,  read  one 
time  at  length,  and  referred  to  appropriate  committee, 
as  folio Vv'S : 

liesolution  No.  288,  by  Mr.  Long,  of  AValker : 

AVhereas,  The  delegates  to  this  Convention  appreciate 
the  consideration  of  the  Montgomery  Street  liailway 
Company  in  not  making  said  delegates  wait  at  the 
Capitol  steps  for  a  car  more  than  fifteen  or  twenty  min- 
utes in  tli(^  hot  sun  every  day  when  the  Convention 
adjourns  at  1  o'clock,  and  seldom  less  than  fifteen  min- 
utes at  Court  Square  for  a  transfer  car ;  and 

AVhereas,  the  sagacious  business  management  of  the 
said  Street  Kailway  ('Ompany  is  catering  to  the  addi- 
tional passenger  traffic  caused  by  the  daily  sessions  of 
ihe  Conventions,  with  their  uuxlern,  noiseless,  roomy, 
high  class  cars,  is  deserving  of  attention;  and 

Whereas,  It  adds  to  the  pleasure  of  a  ride  down  Dex- 
ter avenue  when  the  thennometer  is  10-1  to  have  seven- 
teen to  twenty-five  delegates  standing  in  the  aisle  and 
two  or  three  of  more  tlian  average  weight  occupying 
•each  narrow  seat; 

Therefore,  Be  it  resolved,  That  the  thanks  of  this 
Couventinn  be  not  tendered  to  the  Alontgomery  Street 
Kaihoad  Company  for  their  great  courtesy,  considera- 
tion and  efficieiicy  in  hauling  delegates  and  visitors  to 
the  Convention  in  modern  and  elegantly  fui'uished  cars 
who  have  always  paid  full  fare. 


1148  Journal  of  Alabama 

The  resolution  was  referred  to  the  Committee  ort 
Incidental  Expenses. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate  com- 
mittees, as  follows: 

Ordinance  No.  443,  by  Mr.  Williams,  of  Marengc) : 

Be  it  ordianed  b}'  the  Convention,  that  no  Solicitor 
shall  be  eligible  for  reelection  as  his  successor ;  provided^ 
this  shall  not  apply  to  present  incumbents,  who  shall  at 
the  next  election  be  eligible  to  succeed  themselves. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciar}'. 

Ordinance  Xo.  444,  by  Mr.  deGraffenried : 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  That  Section  28  of  the  article  on  the 
Judiciary  heretofore  adopted  by  this  Convention  be 
stricken  therefrom,  and  the  following  inserted  therein 
in  lieu  of  said  section : 

A  Solicitor  for  each  Judicial  Circuit,  or  other  terri- 
torial subdivision  prescribed  by  the  General  Assembly, 
shall  be  selected,  in  the  manner  to  be  provided  by  law 
for  such  circuit,  or  other  territorial  subdivision,  who 
shall  be  learned  in  the  law,  and  who  shall,  at  the  time 
of  his  selection  and  during  his  continuance  in  office  re- 
side in  the  circuit  or  other  territorial  subdivision  for 
which  he  is  selected  and  whose  term  of  office  shall  be 
for  four  years;  provided,  that  this  article  shall  not  ope- 
rate to  abridge  the  term  of  any  Solicitor  now  in  office. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

RECONSIDERATION. 

Mr.  Dent  moved  to  reconsider  the  vote  by  wliich  tlie 
section,  offered  by  Mr.  Gates  to  the  Committee  on  Judi- 
ciary, was  adopted  on  yesterday. 

The  motion  prevailed,  and  the  section  was  reconsid- 
ered. 

Mr.  Dent  offered  the  following  amendment  to  the  sec- 
tion offered  by  Mr.  Gates,  which  was  adopted : 


Constitutional  Convention, 


1149 


Amend  section  —  adopted  yesterday,  giving  the  Leg- 
islature the  power  to  abolish  certain  courts  by  striking 
from  said  section  the  following  words :  "Necessary  from 
any  cause  or." 

On  motion  of  Mr.  Dent  the  section,  as  amended,  was 
-adopted. 

reconsideration. 


Mr.  deGraffenried  moved  to  reconsider  the  vote  by 
whicli  Section  28  was  adopted. 

On  motion  of  Mr.  Graham,  of  Tailadega,  the  motion 
of  Mr.  deGraffenried  was  laid  upon  the  table :  Yeas, 
63;  nays,  59.     . 


Messrs.  Ashcraft, 

Banks, 

Heavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Bulger, 

Byars, 

•Chapman, 

('ofer, 

Corn  well, 

Craig, 

Davis  (Etowah), 

Dent, 

Espy, 

Fitts, 

Fletcher, 

Foshee, 

Freeman, 

Gil  more, 

Graham  (Talladega), 

Grayson, 

Henderson, 


YEAS. 

Hood, 
Howell, 
Jones  (Bibb), 
Kyle, 
Ledbetter, 
Lf)\ve  (Lawrence), 
McMillan  (Wilcox), 
Malone, 
Maxwell, 
Merrill, 

]Miller  (Marengo). 
Miller  (Wilcox),  ' 
Mulkey, 
Murphree, 
NeSmith, 
Gates, 
Palmer, 

Parker  (Elmore), 
Pectus, 
Phillips, 
Pitts. 
Porter, 

Reynolds  (Chilton), 
Rogers  (Sumter), 


1150 


Journal  of  Ai.ai-.ama 


Sloan, 

Smith  (Mobile), 

Siiiiiii,  ALac.  A., 

Suiitli,  Morgan  M, 

Sorrell, 

Spears, 

Spragins, 


Studdard, 

Tavloe, 

Waddell, 

^^'alker, 

Watts, 

^^'eakleY, 

Wliite— ()3. 


NAYS. 


Messrs.  President, 

Karefield, 

liiowiie, 

Burnett, 

Cardon, 

Carmicliael  (Colbert), 

Carmichael  ( Coffee ) , 

Carnathon, 

Cobb, 

Coleman  (Greene), 

Coleman  ( Walker) , 

('unningham, 

de(Traffenried, 

Duke, 

Eley, 

Ejster, 

Ferguson, 

l'^)stcr, 

Glover, 

Graham  (Alontgomery), 

Grant, 

(rreer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Hefliu  (Chambers), 

Heflin  (Randolph). 

'^oAvze, 

Tnge, 

Jackson, 


Jenkins, 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lov  e  (Jefferson), 

AFacdonald, 

:Mc:\ri]hin  r Baldwin}, 

Xor\\()od, 

Op]!, 

O'Bear, 

Parker  (Cullman), 
Pearce. 

Reynolds  ( Henry )y 
Sam  ford, 
Sanford, 
Sc;^r.-y, 
Scllioiuier, 
Sentell, 
Stewart, 
Wentherly, 
Whiteside, 

^"^'''lisims  ( Barbour K 
Williams  (Marengo),. 
"^Villijniis  (Elmorel. 
Wilscii  MMarkci— 5!). 


Constitutional  Convention.  1151 

PAIRS   announced. 

The  following  pairs  were  announced  : 

Messrs.  Brooks  and  IJeese,  Bartlett  and  Burns,  Thomp- 
son and  Wilson  of  Washiniiton,  Hodges  and  Vaughan. 
Messrs.  Brooks,  Bartlett,  Thompson  and  Hodges  would 
vote  aye,  and  Messrs.  lieese,  Burns,  Wilson  of  >^'ashiug- 
ton,  and  Yaughan  would  vote  nav. 

Mr.  Oates  offered  the  following  aniendnient,  to  eon- 
stitute  a  new  section  to  the  Ai'ticle  on  Judiciary : 

Sec.  — .  It  shall  be  the  duty  of  the  Legislature  to 
provide  by  law  for  the  ai)pointment  and  conipensattion 
of  a  competent  number  of  stenograidrers  as  court  report- 
ers of  evidence  and  i)roceediugs  and  to  prescribe  the 
duties  to  be  performed  b}-  them. 

On  motion  of  Mr.  Bamford  the  amendment  otfered  by 
Mr.  Oates  was  laid  ujxtn  the  table. 

On  motion  of  Mr.  Smith,  of  Mobile,  the  words  "(len- 
eral  Assembly"  were  stricken  out  wherever  they  occur 
in  the  rejxfrt  of  the  Committee  on  Judiciary,  and  the 
word  ''Legislature"  was  inserted  in  lieu  of  the  same. 

The  Article  on  Judiciary  Avas,  on  motion  of  Mr. 
Smith,  of  Mobile,  ordered  to  a  third  reading  for  adoption. 

reconsideration. 

Mr.  deGraffenried  moved  to  reconsider  the  vote  by 
which  the  Article  on  Judiciary  was  ordered  to  a  third 
reading,  which  motion  goes  over  until  to-morrow. 

unfinished  business. 

The  Convention  proceeded  to  tlie  consideration  of  thr 
untinished  Itusiness,  which  was  Besolution  194. 

The  question  recurred  upon  the  motion  f>f  ^Ir. 
Yaughan  to  table  the  resolution  and  the  amendment  of- 
fered by  Mr.  Espy. 

A  division  of  the  question  was  demanded. 


1152 


Journal  of  Alabama 


The  amendment  offered  by  Mr.  Espy  was  laid  upon  the 
table :    Yeas,  76 ;  nays,  42. 


YEAS. 


Messrs.  President, 

Kirk, 

Ashcraft, 

Kyle, 

Banks, 

Led  better. 

Barefield, 

Lomax, 

Beddow, 

Long  (Walker), 

Bethune, 

Lowe  (Lawrence), 

Blackwell, 

Malone, 

Boone, 

Merrill, 

Brooks, 

Miller  (Marengo), 

Browne, 

.Miller  (Wilcox), 

Burnett, 

Norman, 

Byars, 

Norwood, 

Carnathon, 

Opp, 

Cobb, 

O'Rear, 

Coleman  (Greene), 

Palmer, 

"Coleman  (Walker). 

Parker  (Cullman), 

Cornwell, 

Parker  (Elmore), 

Craig, 

Pettus, 

Davis  (Etowah), 

Phillips, 

deGraffenried, 

Pitts, 

TEley, 

Samford, 

Eyster, 

Sanders, 

Fletcher, 

San  ford, 

Foshee, 

Searcy, 

Freeman, 

Sellieinier, 

•Graham  (Talladega), 

Smith  (Mobile), 

Grayson, 

Spears, 

Haley, 

Stewart, 

Handley, 

Tayloe, 

Harrison, 

Vauc:han, 

Hinson, 

Waddell, 

Hood, 

Walker, 

Howell, 

Watts, 

Howze, 

Weakley, 

Injre. 

Weatherly, 

Jenkins, 

Wi  1 1  i  a  m  s  ( Ma  rengo ) , 

Jones  (Bibb), 

Williams  (Elmore), 

-Jones  (Wilcox), 

Wilson  (Clarke)— 76 

Constitutional  Convention. 


1153 


NAYS. 


Messrs.  Beavers, 

Bulger, 

Burns, 

Cardon, 

Carmicliael  ( Colbert ) , 

Carmicliael  (Coffee), 

Chapman, 

Cunningham, 

Dent, 

Duke, 

Espy, 

Fitts, 

Foster, 

Glover, 

Graham  ( Montgomery ) , 

Grant, 

Greer  (Calhoun), 

Heflln  (Chambers), 

Ileflin  (Randolph), 

Henderson, 

Jackson, 


Kirkland, 

Macdonald, 

McMillan  (Wilcox), 

i\  [ax  well, 

]Mulkey, 

Murphree, 

N'eSmith, 

Gates, 

Pearce, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Sentell, 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spragins, 

Studdard, 

Thompson, 

White, 

Whiteside, 

Williams  (Barbour)— 42. 


The  question  recurred  upon  the  adoption  of  the  ori- 
ginal resolution. 

The  resolution  was,  on  motion  of  Mr.  Vaughan,  laid 
upon  the  table. 


ORDINANCE    ON    THIRD    READING. 

Mr.  Carmichael,  of  Colbert,  asked  unanimous  consent 
to  call  up  Ordinance  409,  introduced  by  himself,  for 
adoption,  which  was  read  at  length  as  follows : 

An  ordinance  to  provide  for  the  filing  and  arranging 
of  the  papers  and  documents,  pertaining  to  the  Consti- 
tutional Convention,  by  the  Secretary  of  the  Conven- 
tion ;  also  to  provide  for  the  deliveiT-  by  the  Secretary 
of  a  correct  copy  of  the  Journal  of  the  Convention  to 
the  public  printer  with  a  proper  index  thereto ;  also  to 
provide  for  the  superintendence  of  the  printing  of  said 

73 


1164  Journal  of  Alabama 

Journal  b}'  the  Secretaiy ;  also  to  make  appropriations 
for  the  compensation  of  said  Secretary  for  his  services. 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assembled,  that  the  Secretary  of  this  Convention, 
shall  within  forty  days  after  its  adjournment  lih%  label 
and  arrange  the  Journal  of  said  Convention  and  all 
papers  and  documents  pertaining  to  said  Convention, 
in  the  office  of  the  Secretary  of  State.  He  shall  also  copy 
and  deliver  to  the  public  printer  the  Journal  of  said 
Convention  with  a  proper  index  thereto  within  said 
forty  days.  He  shall  also  superintend  the  printing,  and 
read  and  correct  tlie  proof  of  said  Journal. 

Be  it  further  resolved,  that  for  the  services  herein  re- 
quired of  said  Secretary  he  shall  receive  the  sum  of  |500 
and  upon  the  production  by  the  said  Secretary  of  the  re- 
ceipt of  the  Secretary  of  State  for  such  papers,  Journal 
and  documents  so  required  to  be  filed  and  labeled  to- 
gether with  the  receipt  of  the  public  printer  for  a  cop}^ 
of  the  Journal  of  the  Convention,  the  State  Auditor 
shall  draw  his  warrant  uimn  the  State  Treasury  for 
said  amount  herein  provided,  and  the  said  warrant  shall 
be  paid  by  the  State  Treasurer. 

Be  it  further  resolved.  That  there  is  hereby  appropri- 
ated out  of  any  money  in  the  State  Treasury  not  other- 
wise ap})ropriated  the  sum  of  f 500  for  the  compensation 
of  the  said  Secretary  for  the  said  services  herein  re- 
quired of  him. 

The  ordinance,  409,  was  thereupon  adopted.  Yeas,. 
103;  nays,  0. 

YEAS. 

Messrs.  President,  Brooks, 

Ashcraft,  .  Browne, 

Barefield,  Bulger, 

Beavers,  Burns, 

Beddow,  Byars, 

Bethune,  Cardon, 

Blackwell,  Carmichael  (Colbert) ^ 

Boone  Carmichael  ( Coffee  )y 


Constitutional  Convention. 


1155 


Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Esp3^, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirkland, 

Knight, 


Kyle, 
Ledbetter, 
Lomux, 

Long  (Walker), 
Lowe  (Lawrence), 
Macdonald, 
McMillan  (Wilcox), 
Malone, 
Maxwell, 
Merrill, 

^Miller  ( Marengo  )y 
Miller  (Wilcox), 
Mulkey, 
Murphree, 
NeSmith, 
Norwood, 
Gates, 
Opp, 
O'Eear, 

Parker  ( Cullman ) ,, 
Parker  (Elmore), 
Pettus, 
Phillips, 
Pitts, 
Porter, 

Reynolds  (Chilton), 
Reynolds  (Henry), 
Rogers  (Sumter), 
San  ford, 
Searcy, 
Selheimer, 
Sentell, 
Sloan. 
Sorrell, 
Spears, 
Stewart, 
Studdard, 
Tayloe, 


1156  Journal  of  Alabaaja 

Thompson,  Whiteside, 
Vaughan,  Williams  (Barbour), 

Waddell,  Williams  (Marengo), 

Walker,  Williams  (Elmore), 

Weakley,  Wilson  (Clarke) — 103, 
White, 

Mr.  Grayson  called  up  for  adoption  liesolution  120, 
introduced  by  himself. 

The  resolution  was  read  at  length  as  follows: 

Kesolved,  That  all  resolutions  authorizing  the  pay- 
ment of  any  money  shall  be  adopted  by  a  yea  and  nay 
vote. 

Resolution  120  was  on  motion  of  Mr.  Grayson, 
adopted. 

RESOLUTION  ON  THIRD  READING. 

Mr.  Heflin,  of  Randolph,  chairman  of  the  Committee 
on  Schedule,  Printing  and  Incidental  Expenses,  asked 
unanimous  consent  to  call  up  for  adoption  Resolution 
188,  which  was  reported  favorably  by  way  of  a  substi- 
tute. 

Consent  was  granted,  and  the  resolution  was  read  at 
length  as  follows  and  adopted :  Yeas,  96 ;  nays,  0. 

Resolution  188,  by  Mr.  Carmichael,  of  Coffee : 

Be  it  resolved.  That  the  Secretary  of  State  is  hereby 
authorized  and  instructed  to  contract  for  the  printing 
and  binding  of  1,000  copies  of  the  Journal  of  this  Con- 
vention. 

Be  it  further  resolved,  That  the  printing  and  binding 
shall  be  done  in  the  same  manner  and  under  the  same 
law  as  that  of  the  House  and  Senate  Journals,  and  that 
the  printing  and  binding  shall  be  paid  out  of  the  State 
appropriation  for  printing  and  binding. 

Resolution  by  Mr.  Carmichael,  of  Coffee.  Substitute 
for  Resolution  No.  188: 

A  resolution  to  provide  for  the  printing,  binding  and 
distribution  of  the  Journal  of  this  Convention. 

Be  it  resolved  by  the  people  of  Alabama  in  Conven- 
tion assembled.  That  the  Committee  on  Printing,  Sched- 


Constitutional  Convention. 


1157 


iile  and  Incidental  Expenses  be  authorized  to  contract 
for  the  printing,  binding-  and  distribution  of  1,000  copies 
■of  the  Journal  of  this  Convention. 

Be  it  further  resolved,  That  upon  the  delivery  of  1,000 
copies  of  the  Journal,  printed  and  bound  in  accordance 
with  the  contract  heretofore  mentioned,  to  the  Secre- 
tary of  State,  he  shall  certify  to  the  Auditor  the  amount 
due  to  the  publisher  for  the  work,  and  the  Auditor  shall 
issue  his  warrant  on  the  Treasurer  in  favor  of  the  pub- 
lisher for  the  said  amount  due. 

Be  it  further  resolved,  That  one  copy  of  the  Journal 
of  this  Convention  be  delivered  to  each  delegate  and  offi- 
cer of  the  Convention,  and  to  persons  to  whom  under 
the  existing  law  the  Journals  of  the  House  and  Senate 
are  delivered. 

Be  it  further  resolved,  That  the  sum  of  |2,000,  or  so 
much  thereof  as  may  be  necessary,  be  appropriated  out 
of  tlie  moneys  of  the  State  otherwise  unappropriated,  to 
pay  for  the  printing,  binding  and  distribution  of  the 
Journal  of  this  Convention. 


YEAS. 


Messrs.  President, 

Banks, 

Barefield, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 


Cornwell, 
Craig, 

Cunningham, 
Davis,   (Etowah), 
Dent, 

(lefrraffenried, 
Duke, 
Eley, 
Fletcher, 
Foster, 
Cilmore, 
Ci  lover, 

Craham  ( Montgomery ), 
Crrant, 
Grayson, 

Greer  (Calhoun), 
Haley, 
Ilandley,, 


1158 


Journal  of  Alabama 


Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Howell, 

Howze, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Ledbettei , 

Lomax, 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

■Maxwell, 

Merrill, 

Mulkey, 

Murphree, 

NeSmith, 

T^orwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 


Palmer, 

Parker  (Cullman), 
Parker  (Elmore), 
Pearce, 
Pettus, 
Phillips, 
I'itts, 

Peynolds  (Chilton), 
Keynoldb  (Henry), 
liOgers  (Sumter), 
Sam  ford, 
Sanders, 
Sanford, 
Searcy, 
Scllieimer, 
Sentell, 

Smith  (Mobile), 
Smith,  Mac.  A., 
Sin i til,  Morgan  M., 
Stewart, 
Studdard, 
Thompson, 
Vauglian, 
Wnddell, 
Walker, 
\AVntlierly, 
Whiteside, 

Williams   (Barbour), 
Williams  ( Marengo )  — 96. 


SPECIAL  ORDER. 


The  Convention  proceeded  to  the  consideration  of 
the  regular  order,  which  was  the  report  of  the  Com- 
mittee on  Municipal  Corporations. 

On  motion  of  Mr.  Weakley,  the  report  was  ordered  to 
be  considered  section  bv  section. 


Constitutional  Convention.  1159 

municipal  corporations, 
section  one. 

Was  read  at  leiigtli  as  follows: 

Section  1.  All  municipal  corporations  shall  have  the 
right  to  sue  and  sliall  be  subject  to  be  sued  in  all  courts 
in  like  manner  as  natural  persons. 

Mr.  Hood  otfered  the  following  amendment  to  Sec- 
tion 1 : 

Amend  Article  on  Municipal  Corporations  by  strik- 
ing out  Section  1. 

Mr.  Merrill  otfered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Hood  : 

Amend  Section  1  by  striking  out  the  following 
Avords ;  ''In  like  manner  as  natural  persons,''  and  add 
in  lieu  thereof  "as  may  be  prescribed  by  law." 

On  motion  of  Mr.  Weatherly  the  section  and  pend- 
ing amendments  were  laid  upon  the  table. 

SECTION  TWO. 

Was  read  at  length  as  follows : 

Sec.  2.  Municipal  coj'porations  shall  be  invested 
Avith  the  privilege  of  taking  private  property  for  public 
use,  but  shall  make  just  compensation  for  property 
taken,  injured  or  destroyed  hy  the  construction  or  en- 
largements of  its  works,  highways,  or  improvements, 
which  compensation  shall  be  paid  before  such  taking, 
injury  or  destruction.  Tlie  General  Assembly  is  hereby 
prohibited  from  depriving  any  person  of  an  appeal  from 
any  preliminaiy  assessment  of  damages  against  any 
such  municipal  corporation  made  by  viewers  or  other- 
wise; and  the  amount  of  such  damages  in  all  cases  of 
appeal  shall  on  demand  of  either  party  be  determined 
l)y  a  jury  according  to  law. 

On  motion  of  Mr.  Harrison  the  further  considera- 
tion of  Section  2  was  postponed  untii  the  report  of  the 
•Committee  on  Corporations  was  taTven  up. 


1160  Journal  of  Alabama 

section  three. 

Was  read  at  leugtli  as  follows : 

Sec.  3.  The  General  Assembly  shall  have  power  to» 
establish,  alter,  enlarge  or  diminish  the  boundaries  of 
any  cit}'^,  town  or  village  in  this  State,  but  notice  of  such 
intended  change  shall  be  given  by  publication  in  some 
newspaper  published  in  the  village,  town  or  city  to  be 
affected,  for  thirty  days  prior  to  the  meeting  of  the 
General  Assembly;  if  no  newspaper  is  published  in  said 
city,  town  or  village  then  said  notice  shall  be  given  by 
posting  copy  thereof  at  three  public  places  in  said 
city,  town  or  village,  and  said  notice  shall  be  spread 
upon  the  Journal  of  the  House  in  which  the  bill  pro- 
posing such  cliange  is  introduced. 

Mr.  Cobb  offered  the  following  amendment  to  Sec- 
tion 3 : 

To  add  the  word  ''incorporated''  before  the  word 
"city"  in  the  second  line  of  Section  3. 

On  motion  of  Mr.  Graham,  of  Montgomery,  the 
amendment  offered  by  Mr.  Cobb  was  laid  upon  the  table. 

Mr.  Craig  offered  the  following  amendment  to  Sec- 
tion 3 : 

Amend  Section  3  as  follows: 

Strike  out  the  words  "meeting  of  the  General  Assem- 
bly" in  line  four  of  said  section,  and  insert  in  lieu  there- 
of the  Avords  "election  held  for  the  election  of  members 
of  the  next  Legislature  after  such  election.-' 

Mr.  Sanford  offered  the  following  substitute  for  the 
amendment  offered  hj  Mr.  Craig: 

Amend  said  Section  3  by  adding  at  the  end  of  said 
section  the  words :  "Provided,  that  the  people  residing 
in  the  territories  to  be  annexed  shall  have  an  oppor- 
tunity to  vote  upon  the  question  of  annexation.'- 

RECESS. 

Pending  the  further  consideration  of  the  re|X)rt  of 
the  Committee  on  Municipal  Corporations,  the  hour  of 
1  o'clock  p.  m.  arrived,  and  under  the  rules  the  Con- 
vention recessed  until  3:30  this  afternoon. 


Constitutional  Convention. 


1161 


AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

roll  call. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Ashcraft, 

Banks, 

Barefield, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Byars, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Craig, 

Cunningham, 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Foshec, 

Foster, 

Freeman, 


Gilmore, 

(i  lover, 

Graham  (Talladega), 

Grayson, 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hendeii^ou, 

Hinson, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Wilcox),. 

Kirk, 

Knight, 

Kyle, 

Ledbetter, 

Lorn  ax. 

Long  (Walker), 

Mnrdonald, 

>ro:\rillan  (Wilcox),. 

Merrill, 

Miller  (Marengo). 

^Filler  (Wilcox), 

^fulkey, 

^Furphree, 

Norman, 


1162  JouHNAL  OF  Alabama 

O'Neal  (Lauderdale),  Sloan, 

Opp,  Smith,  Mac.  A., 

O'Rear,  Smith,  Morgan  31.. 

Palmer,  Sollie, 

Parker  (Elmore),  Sorrell, 

Pearce,  Spears, 

Pitts,  Spra<4ins, 

Porter,  Stewart, 

Reynolds  (Chilton),  Stnddard, 

Ke3^nolds  (Henry),  Tayloe, 

Rogers  (Sumter),  Thompson, 

Samford,  Waddell, 

Sanders,  Walker, 

Sanford,  Weakley, 

Searcy,  Weatherly, 

Selheimer,  Williams  (Barbour), 

Sentell,  Williams  (Marengo)— 100. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  wliich  was  the  report  of  the 
Committee  on  ]Municipal  Corporations. 

The  question  recurred  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Sanford  to  the  amendment  offered 
by  Mr.  Craig. 

On  motion  of  Mr.  Weakley  the  substitute  offered  by 
Mr.  Sanford  was  laid  upon  the  table. 

The  amendment  offered  by  Mr.  Craig  was  adopted. 

On  motion  of  Mr.  Hood  Section  3,  as  amended,  was 
laid  upon  the  table. 

SECTION  FOUR. 

Was  read  at  length  as  follows : 

Sec.  4.  No  city,  town  or  village  shall  be  authorized 
or  permitted  to  grant  any  franchise  or  privilege  or  make 
any  contract  in  reference  thereto  for  a  term  exceeding 
twenty  years,  nor  shall  any  city,  town  or  village  grant 
any  right  of  way  over  or  right  to  use  any  street 
or  public  way  or  part  thereof    except   to    the  person 


Constitutional  Coxvkntiox.  1163 

or  corporation  offering  the  highest  sum  therefor  or  the 
highest  percentage  of  gross  annual  receipts,  to  be  de- 
rived from  the  business  so  using  the  right  of  way  or 
street  or  public  place.  No  such  privilege  shall  be 
granted  until  the  applicant  therefor  shall  have  given 
notice  by  publication  for  thirty  days  in  some  newspaper 
published  in  the  city,  town  or  village,  of  his  intention 
to  ask  for  such  franchise,  and  the  date  ujwn  which  such 
application  shall  be  made  and  the  person,  firm,  asso- 
ciation or  corporation  to  whom  such  franchise  is  granted 
shall  be  liable  for  any  damage  inflicted  upon  the  prop- 
erty of  abutting  2>i'<>perties. 

]Mr.  Brooks  offered  the  following  amendment  to  Sec- 
tion 4,  which  was  adopted  by  unanimous  consent : 

Amend  Section  4  by  inserting  after  the  word  "village'' 
in  the  eighth  line,  the  following : 

Or  if  there  be  no  newsj^aper  published  therein,  then 
by  notices  posted  in  three  separate  public  places,  in  such 
city,  town  or  village. 

Mr.  Smith,  of  Mobile,  offered  the  following  amend- 
ment to  Section  4 : 

Amend  Section  4  of  report  of  Committee  on  Muni- 
cipal Corporations  by  striking  out  the  word  "twenty" 
in  the  second  line,  and  inserting  the  word  "fifty"  in  lieu 
thereof. 

On  motion  of  Mr.  Dent  Section  4,  together  with  the 
pending  amendment  were  laid  upon  the  table. 

SECTION  FIVE. 

Was  read  at  lengtli  as  follows : 

Sec,  5.  No  street  railway,  gas,  water,  steam  or  hot 
is'ater  heating,  telephone,  telegraph,  electric  light  or 
power  company  within  a  city,  town  or  village,  shall  be 
permitted  or  authorized  to  construct  its  tracks  or  mains 
or  erect  its  poles,  posts  or  other  apparatus  or  string  its 
wires  upon  the  same,  along,  over,  under  or  across  the 
streets,  avenues,  alleys  or  public  grounds  of  such  city, 
town  or  village,  without  the  consent  of  the  proper  muni- 
■cipal  authorities  of  such  citA^,  town  or  village  being  first 
liad  and  obtained. 


1164  Journal  of  Alabama 

Mr.  Weakley,  chairman  of  the  Committee  on  Muni- 
cipal Corporations,  submitted  the  following  substitute 
for  Section  5,  which  was,  by  unanimous  consent,  ac- 
cepted for  Section  5 : 

Amend  by  striking  out  Section  5  and  inserting  in 
lieu  thereof  the  following: 

Sec.  5.  No  person,  firm,  association  or  corporation,^ 
shall  be  authorized  or  permitted  to  use  the  streets,  ave- 
nues or  alleys  or  public  places  of  any  city,  town  or  vil- 
lage for  the  construction  or  operation  of  any  public 
utility  or  private  enterprise,  without  the  consent  of  the 
proper  authorities  of  such  city,  town  or  village  being 
first  had  and  obtained. 

Mr  .Coleman,  of  Greene,  moved  to  table  Section  5  as 
amended. 

The  motion  to  table  was  lost. 

On  motion  of  Mr.  Boone  Section  5,  as  amended,  was 
adopted. 

SECTION   SIX. 

Was  read  at  length  as  follows  and  adopted : 
Sec.  6.  The  General  Assembly  shall  not  enact  any 
law  which  will  permit  a  person,  firm,  corporation  or  as- 
sociation of  any  character  to  pay  a  privilege  license  or 
other  tax  to  the  State  of  Alabama,  and  relieve  him  or 
it  from  the  payment  of  all  other  privilege  and  license' 
taxes  in  the  State. 

RECONSIDERATION. 

Mr.  Foster  gave  notice  that  on  to-morrow  he  would' 
move  to  reconsider  the  vote  by  which  Section  6  was- 
adopted. 

SECTION  SEVEN.. 

Was  read  at  length  as  follows : 

Sec.  7.  No  count}^,  city,  town,  village,  district  or 
other  political  subdivision  of  a  county  sball  have  author- 
ity or  be  authorized  by  the  General  Assembly,  after  the 


Constitutional  Convention.  1165 

ratification  of  this  Constitution,  to  issue  bonds,  unless 
such  issue  of  bonds  shall  have  first  been  approved  by  a 
majorty  vote  by  ballot  of  the  qualified  voters  of  such 
county,  cit}',  town,  village,  district,  or  other  political 
subdivision  of  a  county,  voting  upon  such  proposition. 
In  determining  the  result  of  any  election  held  for  this 
purpose,  no  vote  shall  be  counted  as  an  affirmative  vote 
which  does  not  show  on  its  face  that  such  vote  was  cast 
in  api^roval  of  such  issue  of  bonds.  This  section  shall 
not  apply  to.  the  renewal,  refunding  or  reissue  of  bonds 
lawfully  issued,  nor  prevent  the  issuance  of  bonds  in 
cases  where  the  same  have  been  authorized  by  laws  en- 
acted prior  to  the  ratification  of  this  Constitution,  nor 
shall  this  section  apply  to  obligations  incurred  or  bonds 
to  be  issued  to  procure  means  to  pay  for  street  and  side- 
walk improvement,  or  sanitary  or  storm  water  sewers, 
the  cost  of  wliich  is  to  be  assessed  against  the  property 
abutting  said  improvements  or  drained  by  such  sanitary 
or  storm  water  sewers. 

Mr.  Brooks  offered  the  following  amendment  to  Sec- 
tion 7  : 

Amend  Section  7  by  inserting  after  the  word  "as- 
sessed" in  the  thirteenth  line  thereof,  the  following 
words: -"In  whole  or  in  part.'- 

Tlie  amendment  offered  by  Mr.  Brooks  was  unani- 
mously adopted. 

Mr,  Macdouald  offered  the  following  amendment  to 
Section  7 : 

Amend  Section  7  by  adding  thereto,  viz. : 

No  city,  town  or  other  municipality  shall  make  any 
assessment  for  the  cost  of  sidewalk  or  street  paving,  or 
for  the  cost  of  construction  of  any  sewers  against  prop- 
erty abutting  on  such  street  or  sidewalk  so  paved  or 
drained  by  sucli  sewers,  in  excess  of  the  actual  increased 
value  of  such  property  by  reason  of  such  sidewalk  or 
street  paving,  or  by  the  construction  of  such  sewers. 
And  the  burden  of  proving  such  increased  value  of  said 
property  shall  be  on  the  city,  town  or  other  municipality 
in  all  proceedings  brought  to  enforce  the  collection  of 
such  assessments.     And  such  assessments  shall  in  no 


1166  Journal  of  Alabama 

ease  exceed  five  per  cent,  of  tlie  assessed  value  of  said 
property. 

Mr.  Coleman,  of  Greene,  offered  the  following  amend- 
ment to  the  amendment  offered  by  Mr.  Macdonald : 

Move  to  amend  the  amendment  by  striking  out  so 
mucli  of  the  amendment  as  places  the  burden  of  pave- 
ment upon  the  municipality  and  so  much  of  it  as  limits 
tlie  assessment  to  five  per  cent. 

On  motion  of  Mr.  O'Neal,  of  Lauderdale,  the  Section, 
7,  together  with  the  pending  amendments,  wci'e  referred 
back  to  the  Committee  on  Municipal  Corporations,  and 
they  were  requested  to  make  a  I'eport  to  the  Convention 
on  to-morrow  morning. 

SECTION  EIGHT; 

Was  read  at  length  as  follows : 

Sec.  8.  That  no  city,  town  or  village  shall  here- 
after become  indebted  for  any  purpose  or  in  any  man- 
ner to  an  amount  which,  including  existing  indebted- 
ness, shall  exceed  7  percentum  of  the  assessed  valuation 
of  the  real  and  personal  property  within  said  city,  town 
or  village,  subject  to  taxation,  as  shown  by  the  last  pre- 
ceding assessment  for  State  and  county  purposes ;  pro- 
vided, hoAvever,  that  in  determining  the  limitation  of 
the  power  of  such  city,  town  or  village  to  incur  indebted- 
ness there  shall  not  be  included  the  following  class  of 
indebtedness,  to-wit: 

(a)  Notes,  certificates  of  indebtedness  or  revenue 
bonds  issued  in  anticipation  of  the  collection  of  taxes, 
unless  the  same  be  not  paid  \\ithin  two  years  from  the 
date  of  such  issue,  and  all  such  notes,  certificates  of  in- 
debtedness and  revenue  bonds  shall  be  provided  for,  and 
made  payable  from  the  taxes  levied  for  the  year  in  wliich 
they  are  issued,  and  shall  never  exceed  the  amount  of 
such  taxes. 

{!))  Bonds  issued  for  the  purpose  of  purchasing  or 
otherwise  providing  for  a  supply  of  water  or  for  the 
construction  or  installation  of  sanitary  sewers,  or  for 
the  extension  of  either  of  the  same. 


Constitutional  Convention.  1167 

(c)  Obligations  incurred  and  bonds  issued  to  jn'ocure 
means  to  pay  for  street  or  sidewalk  improvements  or 
storm  water  sewers^  the  cost  of  which  is  to  be  assessed 
against  the  property  abutting  or  drained  by  such  sewers. 

(d)  Debts  created  for  the  preservation  of  the  public 
health. 

(e)  Debts  existing  on  the  6th  day  of  December,  1875, 
or  anj  obligation  issued  to  renew  or  refund  the  same. 

Mr.  Weakley,  chairman  of  the  Committee  on  Muni- 
cipal Corporations,  asked  unauimous  consent  to  with- 
draw Section  8. 

Leave  Avas  granted,  and  Section  8  was  witlidrawn. 

section  nine. 

Was  read  at  length  as  follows : 

Sec.  9.  No  city,  town  or  village  whose  present  in- 
debtedness exceeds  the  limitations  herein  im]X)sed  shall 
be  allowed  to  become  indebted  in  any  further  amount 
until  such  indebtedi\ess  shall  be  reduced  within  such 
limit ;  provided  however,  that  nothing  herein  contained 
shall  prevent  any  municipality  from  issuing  bonds  in 
renewal  or  for  the  refunding  of  obligations  already  ex- 
isting. 

^Ir.  Kirk  offered  the  following  amendment  to  Section 
9: 

Amend  Sin-tion  9  by  adding  thereto  the  following: 

Provided  the  provisions  of  this  Section  sluill  not  ap- 
ply to  the  cities  of  Sheffield  and  Tuscumbia. 

The  amendnumt  offered  by  ]Mr.  Kirk  was  adopted. 

Mr.  Boone  offered  the  following  amendment  to  Sec- 
tion 9 : 

Amend  Section  9  in  the  second  line  after  the  word 
"amount"  by  inserting  between  that  word  and  the 
word  ''until"  the  following,  "except  as  otherwise  pro- 
vided in  this  Constitution." 

The  amendment  offered  by  Mr.  Boone  was  adopted. 

Mr.  Weakley  offered  the  following  amendment  to 
Section  9 : 

Amend  by  striking  out  the  word  "herein"  on  line  2, 
and  by  inserting  after  the  word  "imposed"  on  line  two^ 


1168  Journal  of  Alabama 

the  words  "bv  this  Convention/''  and  the  amendment 
offered  hj  Mr.  Weakley  was  adopted. 

Mr.  Fletcher  offered  the  following  amendment  to  See- 
i:ion  9: 

Amend  Section  9  by  adding  thereto  the  following: 
"Or  from  issuing  bonds  already  authorized  by  law." 

The  amendment  offered  by  Mr.  Fletcher  was  adopted. 

On  motion  of  Mr.  Weakley  Section  9,  as  amended, 
was  adopted. 

ADJOURNMENT. 

On  motion  of  Mr.  Sanford  the  Convention  adjourned 
until  to-morrow  mornino-  at  9  o'clock. 


SIXTY-SIXTH  DAY. 

^Montgomery,  Ala.,  Thursday,  August  8,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Eev.  A.  L.  Andrews  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
•delegates  answered  to  their  names,  which  constituted 
a  quorum : 

Messrs.  President,  Carmichael  (Coffee), 

Altman,  Carnathon, 

Ashcraft,  Chapman, 

Barefield,  Cobb, 

Beddow.  Coleman  (Greene), 

Blackwell,  Coleman  (Walker), 

Boone,  Craig, 

Browne,  Davis  (Etowah), 

Burns,  Dent, 

Byars,  deGraffenried, 

'Cardon,  Duke, 


Constitutional  Convention. 


1169 


Eley, 

Norwood, 

Eyster, 

Gates, 

Espy, 

O'Neal  (Lauderdale), 

Fitts, 

Palmer, 

Fletcher, 

Parker  (Cullman), 

Foshee, 

Parker  (Elmore), 

Freeman, 

Pearce, 

Gilmore, 

Pettus, 

Glover, 

Phillips, 

Orahain  (Montgomery), 

Pitts, 

Oraham  ( Talladega ) , 

Porter, 

Grayson, 

Reese, 

Greer  (Calhoun), 

Renfroe, 

Haley, 

Reynolds  (Henry), 

Handley, 

Rogers  (Sumter), 

Harrison, 

Samford, 

Heflin  (Randolph), 

Sanders, 

Hood, 

Sanford, 

HoAvze, 

Searcy, 

Inge, 

Selheimer, 

Jackson, 

Smith  (Mobile), 

Jones  (Wilcox), 

Smith,  Mac.  A. 

Knight, 

Smith,  Morgan  M., 

Kyle, 

Spears, 

Ledbetter, 

i^-tuddard. 

Lomax, 

Vaughan, 

Lowe  (Lawrence), 

Walker, 

Macdonald, 

tVatts, 

McMillan  (Baldwin), 

Weakley, 

McMillan  (Wilcox), 

Weatherly, 

M  alone, 

White, 

Martin, 

Whiteside, 

Merrill, 

Williams  (Barbour), 

Miller  (Wilcox), 

Williams  (Marengo) 

Murphree, 

Williams  (Elmore), 

Norman, 

Winn— 94. 

74 


1170  Journal  of  Alabama 

leave  of  absence. 

Was  granted  to  ^lessrs.  Foster,  Tavloe,  Stewart,  Kirk^ 
Reynolds  of  Chilton,  indefinitely;  Henderson  for  to- 
day; Wilson  of  Wasliinj'ton  for  to-day,  Friday  and 
Saturday,  and  to  Mr.  Fain,  assistant  door  keeper,  for 
Friday  and  Saturday. 

UEPOi:T  OF  THE  COMMITTEE  ON  THE   JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  liave  examined  the  Journal  for  the  sixty-fifth 
day  of  the  Convention,  and  that  the  same  is  correct. 

Eespectfully  submitted, 

John  F.  Proctor,  Chairman. 

RESOLUTIONS  ON  FIRST  READING. 

The  following  resolution  was  introduced,  read  one 
time  at  length,  and  referred  to  the  approi)riate  com- 
mittee as  follows : 

Resolution  289,  by  Mr.  Hefiin,  of  Chambers: 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
the  Committee  on  Order,  Harmony  and  Consistency  of 
the  Whole  Constitution  be  and  it  is  hereby  instructed 
to  otfer  a  substitute  or  sul»stitutes  for  Section  28  -)f  the 
Judiciary  article  to  the  Convention  for  its  adoption  or 
rejection. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

ORDINANCES    ON    FIRST    READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate  com- 
mittees, as  follows: 

(^rdinanc(^  445,  by  ^Ir.  deCraffenried  : 

Be  it  ordained  by  the  people  of  Ala))ama  in  Conven- 
tion assembled,  that  Section  28  of  the  Article  on  Judi- 


Constitutional  Conventio-n.  1171 

iciary  heretofore  a(loi)te(l  by  this  Conveution  be  re- 
pealed, and  tlie  followiiij;  section  snbstitiited  in  its 
stead : 

Sec.  28.  A  Solicitor  for  each  Jndicial  Circuit  or  Judi- 
cial subdiA'ision  of  the  State  shall  be  selected  in  the 
manner  to  be  prescribed  by  law,  who  i<hall  be  learned 
in  the  law,  and  who  shall,  at  the  time  of  his  selection, 
aud  durin,i>-  his  continuance  in  office,  reside  in  tl»e  cir- 
cuit or  other  territorial  subdivision  for  which  he  is  se- 
I'^cted,  and  whose  term  of  office  shall  be  for  f(nir  years, 
and  he  shall  receive  no  other  compensation  than  a  sal- 
ai-y,  to  be  prescribed  by  law,  which  shall  not  l)e  in- 
creased durinjj;-  the  time  for  which  he  was  selected;  jjro- 
'•■•iled  that  this  article  shall  not  operate  to  abridge  the 
term  of  any  Solicitor  now  in  office;  and  provided  fur- 
ther, that  the  Solicitor  selected  in  the  year  1904  shall 
hold  office  for  a  term  of  six  years,  and  until  their  suc- 
cessors are  elected  and  (pialified. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

STENOGUAI'HIC   REPORT. 

Messrs.  Craig  and  Sanders  called  tli<'  attention  of  the 
Convention  to  certain  errors  in  the  stenograjniic  repoi-t 
of  the  proceedings  of  yesterday. 

The  repoi-t  was  ordered  corrected. 

RECONSIDERATION. 

]\rr.  deGraffenried  moved  to  reconsider  the  vote  1»,y 
which  the  Article  on  Judiciary  was  ordered  engrossed 
for  third  reading,  and  asked  unanimous  consent  that 
the  motion  to  reconsider  be  postponed  until  the  I'eport 
of  the  Committee  on  Municipal  Corporations  was  fin- 
ished. 

The  motion  to  postpone  consideration  of  the  Article 
on  Judiciary  was  lost :  Yeas,  49 ;  nays,  49. 


1172 


Journal  of  Alabama 


YEAS. 


Messrs.  President, 

Barefield, 

Browne, 

Cardon, 

Carmichael  ( Colbert) , 

Carmiehael  (Coffee), 

Carnathon, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

deGraffenried, 

Eley, 

Eyster, 

Ferguson, 

Glover, 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Heflin  (Kandolph), 

Inge, 

Jackson, 

Jones  (Wilcox), 

Kirkland, 


Messrs.  Ashcraft, 

Banks, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Byars, 

Cofer, 

Craig, 

Davis,   (Etowah), 


Knight, 

Loniax, 

Lowe  (Jefferson), 

Macdonald, 

Martin, 

Norwood, 

O'Neal  (Lauderdale), 

O'Neill,  (Jefferson), 

Opp, 

O'Rear, 

Parker  (Cullman), 

Pearce, 

Reese, 

Reynolds  (Henry), 

Rogers   ( Lowndes ) , 

Samford, 

Sanford, 

Selheimer, 

Smith,  Morgan  M., 

Williams  (Barbour), 

Williams  ( Marengo) , 

Williams  (Elmore), 

Wilson  (Clarke), 

Winn— 49. 


NAYS. 


Dent, 

Espy, 

Fletcher, 

Foshee, 

Gilmore, 

Graham  (Talladega), 

Hood, 

Howze, 

Jones  (Hale), 

Kyle, 

Lowe  (Lawrence), 

McMillan  (Baldwin), 


Constitutional  Convention. 


1173 


McMillan  (Wilcox), 

Malone, 

Merrill, 

Miller  (Marengo). 

Miller  (Wilcox), 

Mulkey, 

Murpliree, 

Norman, 

Gates, 

Palmer, 

Pettus, 

Phillips, 

Pitts, 


Porter, 

Rogers  (Sumter), 

Sanders, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Sorrell, 

Spragins,, 

Walker, 

Watts, 

White, 

Whiteside— 49. 


ANNOUNCEMENT  OF  PAIRS. 

The  follo^Ying  pairs  were  announced : 

Messrs.  Bartlett  and  Burns,  Proctor  and  Chapman, 
Duke  and  Freeman,  Grant  and  Parker  of  Elmore,  Searcy 
and  IMaxwell,  Kirk  and  Spears,  Long  of  Walker  and 
Studdard,  Stewart  and  Tayloe,  Vaughan  and  Hodges, 
Foster  and  W>akley,  Wilson  of  Washington  and  Thomp- 
son. Messrs.  Bartlett,  Proctor,  Duke,  Grant,  Searcv, 
Kirk,  Long  of  Walker,  Stewart,  Vaughan,  Foster  and 
Wilson  of  Washington  would  vote  aye;  and  Messrs. 
Burns,  Chapman,  Freeman,  Parker  of  Elmore,  Spears, 
Maxwell,  Studdard,  Tayloe,  Hodges,  Weakley  and 
Thompson  would  vote  nay. 

The  question  recurred  upon  the  motion  of  Mr.  deGraf- 
fenried  to  reconsider  the  vote  by  which  the  Article  on 
Judiciary  was  ordered  engrossed  for  a  third  reading 
and  adoption. 

The  motion  of  ]\rr.  deGraffenried  was  lost :  Yeas,  50 ; 
nays,  50. 


YEAS. 


Messrs.  President, 

Barefield, 

Browne, 

Cardon, 

Carmichael  (Colbert), 


riarmichael  (Coffee),. 

r'nrnathon, 

Cobb, 

Coleman  (Greene), 

Coleman  ( Walker )y 


1174 


Journal  of  Alabama 


deGraffenried, 

Elev, 

Eyster, 

Ferguson, 

Glover, 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Heflin  (Chambers), 

Heflin  (Randolph),' 

Howze, 

Inge, 

Jackson, 

Jones  (Wilcox), 

TCirkland, 

Knight, 

Lomax, 

Ivowe  (Jefferson), 

Macdonald, 


Messrs.  Altman, 

Asheraft, 

Banks, 

Beddow, 

Bethune, 

Backwell, 

Boone, 

Brooks, 

Bulger, 

Byars, 

Cofer, 

Craig, 

Cunningham, 

Davis  (Etowah), 

Dent, 

Espy, 

Fletcher, 

Foshee, 


Martin, 

Norwood^ 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Kear, 

Parker  (Cullman), 

Pearce, 

lif^ese, 

]xeyn*-)lds    (Henry), 

Kogers   (Lowndes ) , 

Sam  ford, 

Saiiford, 

Selheimer, 

Whiteside, 

^^'^llialns   (Barbour), 

Wi  1  ]  i  a m s  ( Marengo ) . 

Williams  (Elmore), 

Wilson  (Clarke), 

Winn — 50. 


NAYS. 


Gilmore, 

Graham  ( Talladega ) , 
Hood, 

Jones  (Bibb), 
•Tones  (Hale), 
Kyle, 

Lowe  (LaAvrence), 
Mc:\nilan  (Baldwin), 
.Mc:\[illan  (Wilcox), 
A  la  lone, 
>rp?'riri, 

^Filler  (Marengo), 
>r;]i<>v  nViicox  1. 
^lulkey, 
Mnrphree, 
Norm  an. 
Palmer, 
Pettus, 


Constitutional  Convention.  1175 

Phillips,  Smith,  Mac.  A., 

Pitts,  Siiiitli,  ^Morgan  M.^ 

Porter,  Sorrell, 

Rogers  (Sumter),  Spragins, 

Sanders,  AValker, 

Sloan,  AVatts, 

Smitli  (Mobile),  \Vhit(- — 50. 

announcement  of  pairs. 

The  following  pairs  Avere  announced: 

Messrs.  Burns  and  Bartlett,  Proctor  and  Cliapman, 
Sentell  and  Fitts,  Duke  and  Freeman,  Harrison  and 
Oates,  Grant  and  Parker  of  Elmore,  Searcy  and  Max- 
well, Kirk  and  Spears,  Long  of  Walker  and  Studdard, 
Yaughan  and  Hodges,  Foster  and  Weakley,  Wilson  of 
AVashington  and  Tlionqtson.  Messrs.  Burns,  Proctor, 
Sentell,  Duke,  Harrison,  (Trant,  Searcy,  Kirk,  l^ong  of 
Walker,  Yaughan,  I'oster,  and  AVilson  of  A\^ashington, 
would  vote  aye;  and  Messrs.  Bartlett,  Chapumn,  Fitts, 
Freeman,  Oates,  Parker  of  Elmore,  Alaxwell,  Spears, 
Studdard,  Hodges,  A\'eakley  and  Thompson  woukl  YOte 
nay. 

unfinished  business. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  rei)ort  of  the 
Committe'e  on  Municipal  Corporations. 

Mr.  Boone  moved  to  take  from  the  table  Section  1  of 
the  rei)()rt  of  the  Committee  on  ^lunicipal  Corporations. 

The  motion  prevailed,  and  Section  1  was  taken  from 
the  table. 

Air.  Boone  offered  the  following  substitute  for  Sec- 
tion 1 : 

Substitute  for  Section  1  of  the  Article  on  Municipal 
Corporations  so  that  said  Section  1  will  read  as  fol- 
lows : 

Municipal  corporations  shall  have  the  right  to  sue 
and  sliall  be  subject  to  suit  in  the  courts  of  this  State. 

The  substitute  offered  by  Air.  Boone  was  lost. 


1176  Journal  of  Alabama 

On  motion  of  Mr.  Coleman,  of  Greene,  Section  1  was 
laid  upon  the  talkie. 

Mr.  Weakley  moved  to  take  from  the  table  Section  2 
of  the  report  of  the  Committee  on  Municipal  Corpora- 
tions and  refer  it  to  the  Committee  on  Corporations. 

The  motion  prevailed,  and  Section  2  was  referred  to 
the  Committee  on  Corporations. 

Mr.  Weakle}'  moved  that  Section  4  of  the  Article  on 
Municipal  Cori>orations  be  taken  from  the  table. 

The  motion  prevailed,  and  Section  4  was  taken  from 
the  table. 

Mr.  Weakley,  chairman  of  the  committee,  offered  the 
following  substitute  for  Section  4: 

Substitute  for  Section  4  of  the  Article  on  Municipal 
Corporations,  so  that  Section  4  will  read  as  follows : 

No  county,  city,  town,  taxing  district  or  other  muni- 
cipal corporation  shall  be  authorized  or  permitted  to 
grant  any  franchise  or  privilege  for  a  term  of  years^ 
unless  the  application  for  such  franchise  or  privilege 
has  been  duly  advertised,  and  l)ids  received  therefor 
publicly,  and  shall  award  the  same  to  the  highest  and 
best  bidder ;  but  it  shall  ha_ve  the  right  to  reject  any  and 
all  bids.  This  section  shall  not  apply  to  a  trunk  railway, 
nor  to  cities  or  towns  or  other  municipal  corporations 
having  a  population  of  less  than  5,000. 

Mr.  Murphree  offered  the  following  amendment  to  the 
substitute  offered  by  Mr.  Weakley  : 

Amend  substitute  so  as  not  to  apjjly  to  towns  and 
cities  of  less  than  6,000  population. 

On  motion  of  Mr.  Dent,  Section  4,  together  with  the 
pending  amendments,  were  laid  upon  the  table. 

SECTION  TEN. 

Was  read  at  length  as  follows: 

Sec.  10.  The  General  Assembly  shall  provide  by  gen- 
eral laws  for  the  organization  and  classification  of  cities, 
towns  and  villages;  the  number  of  Guch  classes  shall  not 
exceed  four,  and  the  powers  of  each  class  shall  be  de- 
fined by  general  laws  so  that  all  municipal  corpora- 
tions of  the  same  class  shall  possess  the  same  powers 


Constitutional  Convention.  HIT 

and  be  subject  to  the  same  restrictions. 

The  General  xlssembly  shall  assign  the  citieS;  towns 
and  villages  of  the  State  to  the  class  to  which  they  re- 
spectively belong,  and  change  assignments  made  as 
populations  of  such  cities,  towns  and  villages  increase 
or  decrease,  and  in  the  absence  of  other  satisfactory 
information  as  to  their  population,  the  General  As- 
sembly shall  be  governed  by  the  last  preceding  Federal 
census;  provided,  however,  that  any  city,  town  or  vil- 
lage in  Alabama  may  in  the  year  1905,  and  every  ten 
years  thereafter,  cause  a  census  of  all  its  inhabitants 
to  be  taken,  and  the  General  Assembly  may  change  the 
classification  of  such  city,  town  or  village  according  to 
the  result  of  such  census. 

Any  city  having  a  population  of  more  than  twenty 
thousand  inhabitants  may  frame  a  charter  for  its  own 
government,  not  in  conflict  with  this  Constitution, 
whenever  the  Mayor,  authorized  by  a  imtjority  vote  of 
the  legislative  body  of  such  city,  shall  have  made  appli- 
cation to  the  Judge  of  the  Circuit  Court  for  the  appoint- 
ment of  the  Board,  to  be  composed  of  nine  qualified 
electors,  who  shall  have  been  for  at  least  five  years  resi- 
dents of  such  city.  If  the  Judge  of  the  Circuit  Court 
is  a  non-resident  of  the  county  in  which  said  city  is  lo- 
cated, then  such  application  may  be  made  to  the  Judge 
of  any  State  court  of  record  of  general  common  law 
jurisdiction,  residing  in  such  county,  and  the  said  appli- 
cation and  the  appointments  made  thereon  shall  be  en- 
tered of  record  by  the  clerk  of  such  court. 

Said  Board  shall  within  ninety  days  after  such  ap- 
pointment return  to  the  chief  magistrate  of  such  city 
the  draft  of  such  charter  signed  by  a  majority  of  said 
Board  within  thirty  days  thereafter,  such  proposed 
charter  shall  be  submitted  to  the  qualified  voters  of  such 
city  at  a  special  election  to  be  called  by  the  Mayor,  and 
if  a  majority  of  such  qualified  voters  voting  thereat 
shall  ratify  the  same,  it  shall,  at  the  end  of  thirty  days 
thereafter  become  the  charter  of  such  city,  and  super- 
sede any  existing  charter  or  amendments  thereto,  and 
all  special  acts  of  the  General  Assemblv  relating  to  the 
corporate  organization  or  government  of  such  city  other- 


1178  Journal  of  Alabama 

than  laws  securing  and  enforcing  the  x>avment  of  the 
debts  of  such  cit^^ 

A  duplicate  certificate  shall  be  made  setting  forth  the 
charter  proposed,  and  its  ratification,  which  shall  be 
signed  by  the  chief  magistrate  of  such  city,  and  be 
authenticated  by  its  corporate  seal ;  one  of  such  certifi- 
cates shall  be  deposited  in  the  office  of  the  Secretary  of 
JState,  and  the  other  shall  be  deposited  among  the  ar- 
chives of  such  city,  and  all  courts  shall  take  judicial 
notice  of  such  charter.  Such  charter  so  adopted  may  be 
amended  at  intervals  of  not  less  than  four  j^ears  by  pro- 
posals therefor,  submitted  by  the  legislative  authority 
of  the  city  to  the  qualified  voters  thereof  at  a  general 
or  special  election,  held  at  least  thirty  days  after  the 
publication  of  such  proposals  in  two  newspapers  of  said 
city,  and  ratified  by  a  majority  of  the  qualified  voters 
voting  thereat.  In  any  such  charter  or  amendments 
thereto  any  alternative  article  or  proposition  may  be 
presented  for  the  choice  of  the  voters,  and  may  be  voted 
on  separately  without  prejudice  to  the  others. 

The  following  minority  rejxtrt  to  Section  10,  by  ]Mr. 
Siinford,  v.as  read  at  length  as  follows: 

The  (leneral  Assembly  shall  have  authority  to  incor- 
porate cities,  towns  and  villages  by  a  general  law  which 
sliall  grant  to  all  municipalities  the  same  powers,  rights 
and  privileges  and  shall  not  discriminate  between  muui- 
<:-ipalities  in  the  powers,  rights  and'  privileges  granted, 
•on  account  of  population,  situation,  condition,  the  pur- 
suits of  the  i)e()ple,  or  for  any  reason  whatever.  The 
General  Assembly  shall  grant  to  no  municiiiality  or 
f'ommunity  the  right  to  establish  or  amend  its  own  char- 
ter, but  all  municipal  charters  shall  be  granted  or 
amended  by  special  law  or  formed  under  a  general  law 
<Mpially  applical)le  to  all  communities.  Provided,  that 
no  charter  or  amendment  thereof  sliall  be  valid,  until 
it  shall  be  accepted  or  ratified  by  a  nmjority  of  the 
qualified  electors  residing  within  the  limits  of  such 
municipality,  and  voting  at  an  election  held  for  that 
purpos{'. 

Ml.  de(h'aifenri('d  offered  the  following  amendment 
to  tic  minority  report: 


Constitutional  Convention.  1179 

Provideil,  that  notliinii'  (-(nitained  in  this  Coustitntioii 
shall  effect  the  charter  of  any  town,  city  or  villai>e  now 
in  existence  in  which  charter  there  is  contained  a  prohi- 
bition against  the  sale,  exchange,  barter  or  giving  away 
of  sjiiritnons,  vinous  or  malt  liquors,  intoxicating 
drinks,  licjuors  or  beverages,  or  in  Axhich  tliere  is  any 
regulation  of  the  sale  or  giving  away  of  si)iritnous,  vin- 
ous or  malt  li<iuors,  intoxicating  drinks,  li(iuors  or  bev- 
erages, but  such  charters  of  such  towns  shall  remain  as 
they  now  exist  until  they  are  altered,  changed  or  va- 
cated in  the  manner  provided  by  law  at  the  time  of  tlie 
adoption  of  this  Constitution. 

^Ir.  Ashcraft  moved  to  table  the  minority  reixtrt,  and 
the  amendment  offered  by  ]Mr.  deCraffenried. 

The  motion  prevailed,  and  the  minority  report  and 
the  amendment  were  laid  upon  the  table. 

On  motion  of  Mi-.  Samford  Section  10  was  laid  upon 
the  table. 

IlECON^IDEGATION. 

]Mr.  \\'i]son,  of  Clarke,  moved  to  reconsider  the  vote 
by  wliicli  Section  (I  was  on  yestca-day  adopted. 

On  motion  of  ^Ir.  O'Neal,  of  Lauderdale,  the  motion 
of  ^Ir.  Wilson,  of  Clarke,  was  laid  upon  the  table. 

SECTION    ELEVEN. 

"Was  read  at  length  as  follows: 

Sec.  11.  No  city,  town,  village  or  other  municipal 
corporation  other  than  provided  for  in  this  article  shall 
levy  or  collect  a  higher  rate  of  taxation  in  one  year  on  the 
property  situated  therein  than  one-half  of  one  percentum 
of  the  value  of  such  property  as  assessed  for  State  tax- 
ation during  the  preceding  year ;  provided,  that  for  the 
purpose  of  paying  debts  existing  on  the  sixth  day  of 
December,  1875,  and  the  interest  thereon,  a  tax  of  one 
percentum  may  be  levied  and  collected,  to  be  applied 
exclusively  to  the  payment  of  such  indebtedness,  and 
provided  further  that  this  section  shall  not  apply  to  the 
citv  of  Mobile,  which  citv  mav  from  and  after  the  rati- 


1180  Journal  of  Alabama 

fication  of  this  Constitution,  levy  a  tax  not  to  exceed 
the  rate  of  three-fourths  of  one  percentum,  to  pay  the- 
expenses  of  tlie  city  government,  and  may  also  levy  a 
tax  not  to  exceed  three-fourths  of  one  per  centum  to 
pay  the  debt  existing  on  the  sixth  day  of  December, 
1875,  Avith  the  interest  thereon,  or  any  renewal  of  such- 
debt;  and  provided  further,  that  this  section  shall  not 
apply  to  the  cities  of  Birmingham  and  Huntsville, 
which  cities  may  levy  and  collect  a  tax  not  to  exceed 
one-half  of  one  per  centum  in  addition  to  the  tax  of  one- 
half  of  one  percentum  as  hereinabove  allowed  to  be 
levied  and  collected,  such  special  tax  to  be  applied  ex- 
clusively to  the  payment  of  interest  on  the  bonds  of 
said  cities  of  Birmingham  and  Huntsville,  as  hereto- 
fore issued  in  pursuance  of  law,  and  for  a  sinking  fund 
to  pay  off  said  bonds  at  the  maturity  thereof. 

And  provided  further,  that  this  section  shall  not  ap- 
ply to  the  cities  of  Tray,  Attalla,  (Jadsden,  Bessemer, 
Woodlawn  and  Florence,  which  cities  may  from  and 
after  the  ratification  of  this  Constitution,  levy  and  col 
lect  an  additional  tax  not  exceeding  one-half  of  one 
percentum  per  annum,  but  this  additional  tax  shall  not 
be  levied  unless  authorizecl  hy  a  majority  vote  of  the 
qualified  electors  voting  at  a  special  election  held  for  the 
purpose  of  ascertaining  whether  or  not  said  tax  shall 
be  levied. 

Mr.  Weakley,  on  behalf  of  the  committee,  offered  the 
following  amendment  to  Section  31: 

Amend  Section  11  by  adding  at  the  end  of  said  sec- 
tion the  following: 

And  provided  further,  that  the  purpose  for  which 
such  s])ecial  tax  is  sought  to  be  levied  shall  be  stated  in 
such  election  call,  and  if  authorized,  the  revenue  de- 
rived from  such  tax  shall  be  used  foi-  no  other  ])ur]M)se 
than  that  stated. 

By  unanimous  consent  the  amenduient  was  adopted. 

Mr.  Weakh\v,  on  behalf  of  the  committee,  offered  tlie 
following  amendment  to  the  amendment  offer-ed  by  the- 
committee,  which  was  unanimously  adopted: 


Constitutional  Convention.  1181 

Amend  by  adding-  after  the  word  "law"  in  line  six- 
;teen  and  one-half,  of  Section  10,  tlie  words  "or  now 
authorized  by  law  to  be  issued." 

Mr.  Hale}'  offered  the  following  amendment  to  Sec- 
tion 11 : 

Amend  Section  11,  report  of  tlie  Committee  on  Muni- 
cipal Corporations,  by  striking  out  the  word  "Attalla" 
Avliere  it  appears  in  line  seventeen  of  said  report. 

Mr.  Browne  moved  to  table  the  Section  11  and  pend- 
ing amendments. 

A  division  of  the  question  was  demanded. 

The  amendment  offered  by  Mr.  Haley  was  laid  upon 
the  table. 

The  question  recurred  upon  the  motion  to  table  the 
Section,  11. 

The  motion  to  table  was  lost. 

Mr.  Coleman,  of  Greene,  moved  to  take  from  the  table 
Section  7  of  the  report  of  the  Committee  on  Taxation, 
and  postpone  Section  11  of  the  report  of  the  Committee 
on  Municipal  Corporations. 

Mr.  Howze  moved  to  table  the  motion  of  Mr.  Cole- 
man, of  Greene. 

The  motion  prevailed,  and  the  motion  of  Mr.  Cole- 
man, of  Greene,  was  laid  upon  the  table. 

^[r.  Beddow  offered  the  following  amendment  to  Sec- 
tion 11 : 

Amend  Section  11  by  striking  out  of  line  four  the 
word  "preceding"  and  inserting  in  lieu  thereof  the 
word  "same." 

RECESS. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Municipal  Corporations,  the  hour  of 
1  o'clock  p.  m.  having  arrived,  under  the  rules  the  Con- 
vention recessed  until  3  :30  this  afternoon. 


1182 


Journal  of  Ar.Ar.AMA 
AFTERNOON  SESSION. 


The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Barefield, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burns, 

Byars, 

Cardon, 

(^armichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Cofer. 

Coleman  (Greene), 

Coleman  (Walker), 

Craij?, 

Cunningham, 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 


Espy, 

i^'erguson, 

Mtts, 

Fletcher, 

l'\)shee, 

Freeman, 

Gil  more. 

Glover, 

Graliam  (Montgomery),. 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Hefiiu  (Randolph), 

Hood, 

Howze, 

Jackson, 

Jones  (Bibb), 

Kirkland, 

Knight, 

Kyle, 

I^dbetter, 

Long  (Butler), 

Long  (Walker), 

Macdonald, 

McMillan  (Baldwin), 

Malone, 

Martin, 


Constitutional  Convention. 


1183 


Merrill, 

Miller  (Marengo), 
Mulkey, 
Murphree, 
Norwood, 
Gates, 

O'Neal  (Lauderdale), 
O'Rear, 
Palmer, 

Parker  (Cullman), 
Parker  (Elmore), 
Pearce, 
Porter, 

Keynolds  (Henry), 
Rogers  (Sumter), 
Samford, 
Sanders, 
Sanford, 
Searcy, 
Selheimer, 


S^oan, 

Smith  (Mobile), 
Smith,  Mac.  A. 
Sollie, 
Sorrell, 
Spears, 
Spragins, 
Stewart, 
Studdard, 
Tayloe, 
Vaughan, 
Walker, 
Watts, 
Weakley, 
Weatherly, 
AVhite, 
Whiteside, 

Williams  (Barbour), 
Wilson  (Clarke)— 99. 


unfinished  business. 


The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Municipal  Corporations. 

The  (juestion  recurred  upon  the  adoption  of  the  amend- 
ment ottered  by  ^Ir.  Beddow  to  Section  11  of  tlie  Arti- 
cle on  ^lunicipal  Corporations. 

On  motion  of  ^Ir.  de(fratfenried  the  amendment  of- 
fered by  ^Ir.  Beddow  was  laid  upon  the  table. 

Mr.  Samford  ottered  the  following  amendment  to 
Section  11,  which  was  adopted: 

Amend  by  adding  to  Section  11  : 

And  provided  further  that  the  additional  tax  author- 
ized to  be  levied  by  the  city  of  Troy  shall,  when  so  levied 
and  collected,  Ixe  used  exclusively  in  the  payuient  of 
bonds  and  interest  coupons,  there  and  hereafter  issued 
in  the  adjustment  of  the  present  bonded  indebtedness  of 
said  city. 


1184  Journal  of  Alabama 

Mr.  Leigh  offered  the  following  amendment  to  Sec- 
tion 11,  wliicli  was  adopted: 

Amend  Section  11  bv  adding  the  Avord  ''Brewton" 
after  the  word  "Woodlawn"  in  line  eighteen, 

Mr,  Lomax  offered  the  following  amendment  to  Sec- 
tion 11  which  was  adopted : 

Amend  Section  11  of  the  report  of  the  Committee  on 
Municipal  Corporations  by  adding  at  the  end  thereof 
the  following : 

And  provided  further  that  this  section  shall  not  aj)ply 
to  the  city  of  Montgomery,  which  city  shall  have  the 
right  to  levy  and  collect  a  tax  not  exceeding  one-half 
of  1  per  cent,  per  year  upon  the  value  of  the  taxable 
property  therein  as  fixed  for  State  taxation,  for  gen- 
eral expenses  and  an  additional  tax  of  not  exceeding 
three-fourths  of  1  per  cent,  per  year  upon  the  value  of 
the  property  therein  as  fixed  for  State  taxation,  to  be 
devoted  exclusively  to  the  payment  of  its  public  debt, 
interest  thereon  and  renewals  thereof,  and  to  the  main- 
tenance of  its  public  schools  and  public  conveniences, 

Mr.  Eyster  offered  the  following  amendment  to  Sec- 
tion 11 : 

Amend  Section  11  by  adding  after  the  words  "per 
aanum"  in  the  twentieth  line,  the  following : 

And  provided  further  that  this  section  shall  not  ap- 
ply to  the  cities  of  Decatur,  New  Decatur  and  Cullman, 
which  cities  may,  from  and  after  the  ratification  of  this 
Constitution,  levy  and  collect  an  additional  tax  not  ex- 
ceeding one-fourth  of  1  per  centum  per  annum,  in  ad- 
dition to  the  tax  hereinbefore  authorized,  which  special 
tax  shall  be  applied  exclusively  to  educational  purposes. 

Mr,  Blackwell  offered  the  following  substitute  for  the 
amendment  offered  by  Mr,  Eyster: 

Amend  Section  11  by  adding  after  the  words  "per  an- 
num" in  line  twenty,  the  following : 

And  provided  further,  that  this  section  shall  not  ap- 
ply to  the  cities  of  Decatur,  New  Decatur  and  Cullman, 
which  cities  may  from  and  after  the  ratification  of  this 
Constitution,  levy  and  collect  an  additional  tax  not 
exceeding  three-tenths  of  1  per  centum.  Such  special 
tax  to  be  applied  exclusively  to  paying  the  current  ex- 


Constitutional  Convention.  1185 

penses  of  the  public  schools — to  public  improvements, 
and  to  the  ptiynient  of  the  current  expenses  of  their 
<city  govermnents. 

The  substitute  was  accepted  by  unanimous  consent. 

The  ([uestion  recurred  upon  the  adoption  of  the 
amendment,  as  amended. 

The  amendnur'nt  was  adopted. 

Mr.  Cunningham  ottered  the  following  amendment 
.to  ir^ection  11,  wiiicli  was  adopted : 

Amend  Section  11  of  the  Article  on  Municipal  Cor- 
porations in  line  eighteen  by  inserting  after  the  word 
■"•Florence"  the  words  "Pratt  City,  Ensley,  AVoodlawn 
and  Avondale." 

]\Ir.  Weakley  ottered  the  following  amendment  to  Sec- 
tion 11,  which  was  adopted: 

Amend  vSection  11  by  striking  out  the  word  "Florence'' 
in  line  eighteen. 

The  following  amendment  was  offered  by  the  Com- 
mittee on  Municipal  Corporations,  which  was  adopted: 

Amend  by  adding  after  the  word  "law"  in  line  six- 
teen and  one-half,  of  Section  11,  "or  now  authorized  by 
law  to  be  issued.-' 

The  committee  ott'ered  the  following  amendment  to 
Section  11,  which  was  adopted : 

Amend  Section  11  by  adding  at  the  end  of  said  section 
the  following: 

And  provided  further  that  the  purpose  for  which  such 
vspecial  tax  is  sought  to  be  levied  shall  be  stated  in  such 
election  call,  and  if  authorized,  the  revenue  derived 
from  such  tax  shall  be  used  for  no  other  purpose  than 
that  stated. 

Mr,  de(iraffenried  moved  to  table  the  Section  (11) 
and  amendments. 

The  motion  was  lost. 

On  motion  of  Mr.  Weakley  Section  11,  as  amended, 
was  adopted. 

RECONSIDERATION. 

Mr.  Samford  gave  notice  that  on  to-morrow  he  would 
move  to  reconsider  the  vote  by  which  Section  11,  of  the 


1185  Journal  of  Alabama 

report  of  the  Committee  ou  Miinieipal  Corporations 
was  adopted. 

Mr.  A\'il,sou,  of  Clarlve,  moved  to  suspend  the  regular 
order  in  order  to  allow  him  to  make  a  motion  to  take 
from  the  table  his  motion  to  reconsider  the  vote  by 
which  Section  6  was  adopted  on  yesterday. 

The  motion  was  lost. 

Mr.  Sanford  ottered  the  following  amendment  to  the 
report  of  the  Committee  on  Municipal  Corporations,, 
said  amendment  to  constitute    new  section. 

No  charter  for  the  government  of  any  municipality 
made  according  to  any  law  enacted  by  the  Legislature, 
shall  become  operative  until  the  same  shall  be  adopted 
b}'  a  vote  of  the  majority  of  the  qualified  electors  resid- 
ing within  the  limits  of  such  municipality. 

On  moti(m  of  Mr.  Weakley  the  amendment  ottered  by 
Mr.  Sanford  was  laid  upon  the  table. 

Mr.  Whiteside  ottered  the  following  amendment,  to 
constitute  a  new  section. 

Amendment  by  additional  section. 

Any  person,  firm,  association  or  corporation  who  may 
construct  or  operate  any  public  utility  along  or  across 
the  public  streets  of  any  municipal  corporation  under 
any  privilege  or  franchise  permitting  such  construc- 
tion, in  or  through  said  municipal  corporation,  shall 
be  liable  to  abutting  j)roprietors  for  the  actual  damage 
done  to  the  abutting  property  on  account  of  such  con- 
struction or  operation. 

3.rr.  Hood  moved  to  table  the  amendment  ottered  by 
Mr.  Whiteside. 

The  motion  to  talile  w^as  lost.. 

The  question  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Whiteside  . 

The  auiendiiient  was  adopted. 

SECTION  SEVEN. 

Mr.  Weakley,  chairman  of  the  Committee  on  :\runi- 
cipal  Corporations,  reported  Section  7  and  amendments' 
thereto,  whicli  was  recommitted  to  the  committee  on 
yesterday,  and  tlie  committee  also  reported  the  follow- 


Constitutional  Convention. 


1187 


ing  additional  section,  wliit-li  was  read  at  length  as  fol- 
lows : 

No  city,  town  or  other  nmnicipality  shall  make  any 
assesnient  for  the  cost  of  sidewalk  or  street  paving,  or 
for  any  sewers,  against  property  abntting  on  such  street 
or  sidewalk  so  paved  or  drained  by  such  sewers  in  ex- 
cess of  the  increased  value  of  such  property  by  reason 
of  the  special  benefits  derived  from  such  improvements. 

Mr.  Boone  asked  unanimous  consent  to  incorporate 
the  al)ove  new  section  in  the  provision  of  Section  7. 

Consent  was  granted  and  the  section  above  set  out 
was  added  to  Section  7,  as  an  additional  paragraph. 

Mr.  Craig  offered  the  following  amendment  to  Sec- 
tion 7 : 

Amend  Section  7  by  adding  after  the  word  '^voters"  in 
line  four,  the  words  "and  women  tax  payers." 

^Ir.  O'Xeal,  of  Lauderdale,  moved  to  table  the  amend- 
ment otfered  by  Mr.  Craig. 

The  motion  to  table  was  lost:  Yeas,  -48]  nays,  58. 

YEAS. 


^Messrs.  Aim  on, 

Barefield, 

Bethune, 

Black  well, 

Boone, 

Brooks, 

Bulger, 

Burnett, 

Byars, 

Cardon, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Duke, 

Eyster, 

Fletcher, 

Glover, 

Grayson, 

Greer  (Calhoun), 


Handley, 

JieHin  (Kandolph), 

Inge, 

Jones  (Wilcox), 

Ledbetter, 

Loniax, 

Lowe  (Jefferson), 

McMillan  (Baldwin), 

Malone, 

]\rartin, 

[Merrill, 

:\riller  (Wilcox), 

NeSmith, 

Norman, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Phillips, 


1188 


Journal  of  Alabama 


Sanders, 

Searcy, 

Selheimer, 

Sollie, 

Spragins, 


V^aughan, 

VVaddell, 

Weakley, 

Williams  (Barbour), 

Williams  ( Marengo )  — iS. 


NAYS. 


Messrs.  Aslicraft, 

Banks, 

Beddow, 

Browne, 

Burns, 

Carmicliael   (Colbert), 

Carmicliael  (Coffee), 

Chapman, 

Cofer, 

Cornwell, 

Craig, 

Cunningham, 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Eley, 

Espy, 

Fitts, 

Foshee, 

Freeman, 

Gilmore, 

G raha m  ( Montgomery ) , 

Haley, 

Harrison, 

Hinson, 

Hood, 

Howze, 

Jackson, 

Jenkins, 


Jones  (Hale), 
Knight, 
Kyle, 

Lowe  (Lawrence), 
Macdonald, 
McMillan  (Wilcox), 
Miller  (Marengo), 
Murphree, 
Norwood, 
Palmer, 

Parker  (Cullman), 
Parker  (Elmore), 
Pearce, 
Pettus, 
Pitts, 
Porter. 
Renfro, 

Rogers  (Lowndes), 
Samford, 
Sanford, 
S  '  lib   (Mobile), 
Sorrell, 
Thompson, 
Walker, 
White, 
Whiteside, 
AVilliams  (Elmore), 
Wilson  (Clarke), 
Winn— 58. 


Constitutional  Convention. 


1189 


The  question  recurred  upon  the  adoption  of  the  amend- 
ment offered  by  Mr.  Craig. 

The  amendment  of  Mr.  Craig  ^Yas  adopted. 

Tliereupon  Section  1,  as  amended,  was  adopted.  Yeas, 
65;  nays,  16. 


YEAS. 


Messrs.  Altnian, 

Ashcraft, 

Banks, 

Beddow, 

Blaclvwell, 

Boone, 

Browne, 

Burns, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Chapman, 

Cofer, 

Coleman  (Greene), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Eley, 

Espy, 

Fitts, 

Foshee, 

Freeman, 

Gilmore, 

Graham  ( IMontgomery ) , 

Graham  (Talladega), 

Greer  (Calhoun), 

Haley, 

Hinson, 

Hood, 

Jackson, 

Jenkins, 


Jones  (Bibb), 

Knight, 

Kyle, 

Ix)we  (Lawrence), 

Macdonald, 

McMillan  (Baldwin),, 

McMillan  (Wilcox), 

Miller  (Marengo), 

Murphree^ 

Norwood, 

O'Neill  (Jefferson), 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Porter, 

Kenfro, 

Rogers  (Lowndes), 

Samford, 

Sanford, 

Smith  (Mobile),. 

Sorrell, 

Spears, 

Studdard, 

Thompson, 

White, 

Whiteside, 

AA^illiams  (Elmore),. 

Wilson  (Clarke). 

Winn— 65. 


1190 


Journal  of  Alabama 


NAYS. 


Messrs.  Almon, 

Barefield, 

Bethune, 

Brooks, 

Bulger, 

Burnett, 

Byars, 

Cardon, 

Cobb, 

Coleman  (Walker), 

Duke, 

Eyster, 

Fletcher, 

Glover, 

Grayson, 

Handley, 

Harrison, 

Howze, 

Tnge, 

Jones  (Wilcox), 

Ledbetter, 

Lomax, 

Lowe  (Jefferson), 


Malone, 

Martin, 

Merrill, 

.Aliller  (Wilcox), 

XeSmith, 

Norman, 

Gates, 

O'Neal   (Lauderdale), 

Opp, 

o'Kear, 

Phillips, 

Sanders, 

Searcy, 

Selheimer, 

Sollie, 

Sprag'ins, 

Vaughan, 

Wacidell, 

^^'alker, 

'*\'eakley, 

Williams  (Barbour), 

Williams  ( Marengo )  — 40. 


RECONSIDERATION. 

Messrs.  Greer  of  Calhoun,  and  Coleman  of  Greene, 
gave  notice  that  on  to-morrow  they  would  move  to  re- 
consider liie  vote  by  which  Section  7  was  adopted. 

Mr.  Boone  offered  the  following  amendment,  to  con- 
stitute a  new  section : 

Sec.  — .  The  Legislature  shall  make  provision  by 
general  law,  whereby  any  city,  town  or  village  existing 
hy  virtue  of  any  special  or  local  law,  mav  elect  or  become 
subject  to  and  he  governed  by  general  laws  providing 
for  the  incorporation  and  organization  of  cities,  towns 
•or  villages. 

Mr.  Coleman,  of  Greene,  moved  to  table  the  amend- 
ment offered  bv  Mr.  Boone. 


Constitutional  Convention.  1191 

The  motion  previiiled,  and  the  amendment  was  laid 
upon  the  table. 

]N[r.  Vanghan  offered  the  following  amendment,  to 
constitute  a  new  section : 

tSec-.  — .  The  Legislature  shall  have  the  power  to  es- 
tablish, alter,  enlarge  or  diminish  the  boundaries  of 
any  city,  town  or  village  in  this  State,  but  notice  of 
such  intended  change  shall  be  given  by  publication  in 
the  localities  to  be  affected,  which  notice  shall  be  at 
least  twenty  days  prior  to  the  introduction  into  the 
Legislature  of  such  bill,  and  the  evidence  that  such  no- 
tice has  been  given  shall  be  exhibited  to  the  Legislature 
before  such  bill  shall  be  passed,  and  entered  upon  the 
Journal  of  the  House  in  Avhich  the  bill  is  introduced. 

Mr.  Sanford  off'ered  the  following  amendment  to  the 
amendment  off'ered  by  Mr.  Vanghan : 

Provided,  That  the  question  of  annexation  shall  be 
submitted  to  the  (lualified  electors  residing  in  the  terri- 
tory proposed  to  be  annexed  at  an  election  called  for 
the  purpose  of  ascertaining  their  will. 

Mr.  O'Neal,  of  Lauderdale,  moved  to  table  the  amend- 
ment offered  by  Mr.  Vanghan,  and  the  amendment  to 
the  amendment  offered  by  Mr.  Sanford. 

A  division  of  the  question  was  demanded. 

The  question  recurred  upon  the  motion  to  table  the 
amendment  to  the  amendment  offered  by  Mr.  Sanford. 

The  amendment  was  laid  upon  the  table. 

The  (]iiestion  recurred  upon  the  uiotion  to  table  the 
amendment  offered  by  Mr.  Yaughan. 

The  amendment  offered  by  ]Mr.  Vanghan  was  laid 
npon  the  table. 

^Fr.  Cobb  off'ered  the  following  amenduient,  to  con- 
stitute a  new  section : 

Additional  section  to  Article  on  Municipal  Corpora- 
tions. 

All  voters  under  this  article  shall  possess  the  quali- 
fications prescribed  for  voting  by  the  Article  on  Suffrage 
and  Elections. 

Mr.  deCraffenried  offered  the  following  substitute  for 
the  amendment  offered  bv  Mr.  Cobb : 


1192  Journal  of  Alabama 

Sec.  — .  No  woman  shall  be  (lualifled  to  vote  at  any 
election  to  determine  whether  obligations  or  bonds  shall 
be  issued  by  a  city,  town  or  village,  who  is  not  at  the 
time  she  otters  to  vote,  a  bona  fide  resident  of  such  city^ 
town  or  village,  and  who  does  not  own,  in  her  own  right, 
real  estate  situated  in  said  city,  town  or  village  assessed 
for  taxation  during  the  year  preceding  the  year  in  which 
she  offers  to  vote,  at  |500  or  more,  and  no  w<jman  shall 
vote  at  such  election  who  is  under  21  years  old. 

By  unanimous  consent  the  substitute  was  accepted. 

Mr.  O'Neal,  of  Lauderdale,  moved  to  lay  the  amend- 
ment of  Mr.  deGraffenried  on  the  table. 

The  motion  was  lost. 

The  (question  recurred  upon  the  adoption  of  the 
amendment  otfered  by  Mr.  deGratfenried. 

The  amendment  was  adopted. 

Mr.  O'Neal,  of  Lauderdale,  raised  the  point  of  order 
that  no  quorum  had  voted  on  the  adoption  of  the  amend- 
ment and  demanded  that  the  roll  of  the  Convention  be 
called  for  the  ascertainment  of  a  (piorum. 

The  rhair  (jMr.  Cunningham  i)residing)  held  that  a 
quorum  had  voted. 

Mv.  O'Neal  thereupon  appealt^l  from  the  decision  of 
the  Chair. 

The  Chair  was  sustained. 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  report  of  the 
Committee  on  Municipal  Corporations,  the  hour  of  7 
o'clock  p.  m.  having  arrived,  under  the  rules  the  Con- 
vention adjourned  until  to-morrow  morning  at  9  o'clock. 


SIXTY-SEVENTH  DAY. 

^lontgomery,  Ala.,  Friday,  August  9,  1901. 
The  Convention  met  pursuant  to  adjournment. 

ROLL    CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Constitutional  Convention. 


1193- 


Messrs.  President, 

Almoii, 

Altman, 

Asheraft, 

Banks, 

Barefield, 

Beddovv, 

Beth  line, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Cardon, 

Carmiehael  (Colbert), 

Carmiehael  (Coffee), 

Carnatlion, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Craio:, 

Cunningham, 

Davis  (Etowah), 

Dent, 

deCraffenried, 

Duke, 

Eley, 

Espy, 

Pitts, 

Foshee, 

Gilmore, 

Glover, 

Graham  (Talladega). 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Heflin  (Randolph), 

Henderson, 


Hood, 
Howze, 
Inge, 
Jackson, 
Jones  (Bibb), 
Jones  (Wilcox), 
Knight, 
Kyle, 
Lomax, 

Long  (Butler), 
Long  1  Walker), 
Lowe  ( Lawrence) , 
Macdonald, 
McMillan  (Baldwin), 
McMillan  (Wilcox), 
Malohe, 
Martin, 
Merrill, 

M iller  ( Marengo ) , 
MiDer  (Wilcox), 
Murphree, 
NeSmith, 
Norman, 
Norwood, 
Gates, 

O'Neal  (Lauderdale), 
Opp, 
Palmer, 

Parker  (Cullman), 
Parker  (Elmore), 
Pearce, 
J^-'ttus. 
Phillips, 
Pillans, 
Pitts, 
Porter, 
Proctor, 
Bobinson, 
Rogers  (Lowndes), 
T7r,r>pT'C!  ('SurnterK 
Sanders, 


1194  Journal  of  Alabama  * 

San  ford,  Vaui»ban, 

Searcy,  Waddell, 

Selheimer,  Walker, 

Sloan,  Weakley, 

Smith  (Mobile),  Weatlierly, 

Smith,  Mac.  A.,  White, 

wSmith,  Morgan  M.  Whiteside, 

Sorrell,  \Villiams  (Barbour), 

Spragins,  Williains  (Marengo), 

Studdard,  \\'illiams  (Elmore), 

Thompson,  Wilson  (Clarke) — 101. 

LEAVE  OF  ABSENCE 

Was  granted  to  Messrs.  Sentell  for  to-day  and  to- 
morrow; Cobh  for  Saturday;  McMillan  of  Baldwin  for 
Saturday,  Monday,  Tuesday  and  Wednesday;  Graham 
of  Montgomery  for  to-morrow;  Miller  of  Marengo  for 
to-morrow. 

REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leaye  to  report 
that  they  haye  examined  the  Journal  for  the 
sixty-sixth  day  of  the  Conyention,  and  that  the  same 
is  correct. 

Respectfully  submitted, 

Massey  Wilson,  Actiuf/  Chairman. 

RESOLUTIONS  ON  FIRST  READING. 

The  following  resolutions  were  introduced,  read  one 
time  at  length,  and  referred  to  the  appropriate  commit- 
tee as  follows : 

Resolution  290,  by  ^Mr.  Heflin,  of  Chambers : 

Resolyed,  that  rule  43  of  this  Conyention  be  rescinded 
and  that  in  its  stead  the  following  rule  shall  be  adopted : 

Any  ordinance  or  resolution  may  be  recalled  from  a 
committee  by  a  yote  of  the  majority  of  the  delegates 


Constitutional  Convention.  1195 

voting'  tliereoii;  provided  that  at  tlie  time  such  vote  is 
talceii  there  is  a  (jiiioruin  present  in  the  liall. 

And  provided  fiirtlier,  tliat  wlien  anv  matter  is  re- 
called from  a  committee,  that  matter  shall  immediately 
be  passed  upon  by  the  Convention,  and  shall  take  pre- 
cedence of  all  previous  orders. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  291,  by  Mr.  Long,  of  Walker: 

AMiereas,  Something  less  than  1,000  petitions,  all  of 
the  same  form,  kind  of  paper  and  verbatim  in  words, 
and  all  written  upon  the  same  typewriter,  have  been 
receiviMl  by  this  Convention  from  almost  every  section 
of  Alabama  protesting  against  the  pass  evil,  which  law, 
if  adopted,  would  force  through  poverty  a  great  many 
good  people  of  Alabama  to  walk,  thereby  causing  an 
epidemic  of  the  foot  or  hoof  evil,  which  is  much  worse, 
and  more  dangerous  than  the  pass  evil ;  and 

AVHiereas,  This  unexplained  mystery,  unless  made 
known,  will  go  down  in  history  as  the  eighth  wonder  of 
the  word; 

Therefore,  in  the  interest  of  an  interested,  honest 
and  unsusi>ectiiig  public,  with  the  view  of  solving  this, 
the  great(\st  of  secrets. 

Therefore,  be  it  resolved  by  the  peox)le  of  Alabama,  in 
Convention  assembled,  that  a  committee  of  five  be  ap- 
pointed by  the  Pri^sident  of  this  Convention,  whose  duty 
it  shall  be  to  unravel  the  mystery  above  mentioned,  if 
possible,  and  to  report  forthwith  any  knowledg(^  upon 
the  subject  obtained,  to  this  Convention. 

The  said  committee  shall  also  have  full  power  to 
summon  and  examine  under  oath,  any  person  or  persons 
residing  in  the  State  of  Alabama,  as  witnesses,  with 
full  pow(n'  to  examine  all  letters  and  letter  heads  that 
accompany  said  petitions  when  they  are  mailed  from 
Montgomery  to  the  different  persons  in  the  different 
counties  of  the  State  of  Alabama  asking  for  signatures. 

T]>e  resobiticn  was  referred  to  the  Committee  on 
Cor])orations. 


1196  JouuxAL  OF  Alabama 

ORDINANCES  ON  FIRST  READING. 

The  foil ()\\i lis;-  ordinauces  were  introduced,  severtilly 
read  one  time  at  length,  and  referred  to  appropriate  com- 
mittees as  follows: 

Ordinance  446,  by  ^Ir.  Williams,  of  Marengo: 

To  provide  for  indexing  the  stenographic  report,  and 
for  supplying  members  of  the  Convention  therewith, 
and  to  repeal  Kesolntion  169,  touching  the  same  mat- 
ter. 

Ke  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assend)led,  that  Ilesolution  No.  169,  heretofore 
passed  by  this  Convention  be  and  the  same  is  hereby 
rejjealed. 

Second.  Be  it  further  ordained  that  the  Secretary  of 
this  ('onvention  shall  immediately  on  the  adjourn- 
ment si  IK'  (lie  of  this  Convention,  contract  with 
sonu^  competent  and  reliable  person  to  make  a 
complete  and  full  index  of  the  stenographic  re- 
port of  .  the  proceedings  of  this  Convention,  and 
that  for  such  service  he  shall  be  autlKU'ized  to  spend 
not  exceeding  the  sum  of  |150,  and  said  index  shall  be 
completed  within  forty  days  after  adjournment  of  this 
Convention,  and  shall  by  the  Secretary  be  placed  in  the 
hands  of  a  reliable  printer,  who  shall  make  not  less  than 
1,200  copies  ther(M)f,  and  the  contract  entered  into  with 
such  printer  shall  not  exceed  the  sum  of dol- 
lars for  printing  the  same. 

The  nuiking  of  the  index  and  the  printing  thereof 
shall  he  done  under  the  supervision  of  the  Secretary, 
who  shall  mail  or  cause  to  be  mailed  to  each  member 
of  this  Convention  at  their  proper  homes  not  less  than 
five  co]jies  to  each  uuMnber  of  said  index,  and  the  Secre- 
tary shall  place  in  the  stenographic  re]jorts  reserved 
for  the  uses  (tf  the  State  one  each  of  said  indexes. 

Be  it  further  ordained.  That  there  is  herel)v  appro- 
priated any  money  in  the  State  Treasury  not  otherwise 
api)ro]>riated,  the  sums  of  money  mentioned  above  for 
comi)ensation  for  the  services  to  be  rendered,  an<l  when 
the  Secretary  cf^rtifies,  under  his  hand,  to  the  Auditor, 
that  the  work  has  Ix-eu  fully  ('om]tleted  above  iiientioue<l. 


Mr.  President : 

The  0'0iiimitt(H^  on  EugrossnicMit  have  exaiuiiicd  and 
compared  the  folloAvin«-  article,  to-\vit :  Snffra<ie  and 
Elections,  and  find  it  correctly  en«irossed. 

JJespectfnlly  submitted, 

Wm.  H.  SA.MFbiii).  Cnidiriiiaii. 

ARTICLE  ox  TIIIUI)  READIXC. 

On  motion  of  Mr.  Coleman,  of  (xreene,  the  Article  on 
Suffrage  and  Elections  was  ordered  to  a  thiixl  reading. 

The  article  was  read  at  length  as  follows  and  adopted : 
Yeas,  04 ;  navs,  19. 


YEAS. 


>ressrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Barefield, 

Bethune, 

Black  well, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

^Chapman, 


Cobb, 

Colenmn  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

C'lnningham, 

Davis  (Etowah), 

deCiraffenried, 

Duke, 

Eley, 

Evster, 


Fletcher, 

Gilmore, 

Clover, 

Graham  ( Montgomery) , 

Graham  (Talladega), 


1198 


Journal  of  Alabama 


Grayson, 

(ireer  (Calhoun), 

Haley, 

Handley, 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hood, 

Howze, 

Inj?e, 

Jackson, 

Jones  (Bibb), 

Jones  ( Wilcox), 

Kni,<»ht, 

Ledbetter, 

Lomax, 

L(»n.^■  (Walker), 

Lowe  (Lawrence), 

^[acdonald, 

Mc^rillan  (Baldwin) 

McMilhin  (Wilcox), 

^lalone, 

Martin, 

Merrill, 

Miller  (Marengo), 

:\Iiller  (AVilcox), 

]Miirphree, 

NeSniith, 

Norman, 

Norwood, 

O'Neal  (Lauderdale), 


Opp, 

O'Kear, 

Palmer, 

Pnrker  (Cullman), 

Parker  (Elmore), 

l*earce, 

Pettus, 

Pills, 

Proctor, 

Reese, 

Reynolds  (Henry), 

Rogers  ( Lowndes ) , 

Rogers  (Sumter), 

Sanders, 

San  ford, 

Sellu'imer, 

Smith  (:\[obile). 

Smith,  Mac.  A., 

Suiith,  ^Morgan  ]\L, 

Sorrel  1, 

Sprngius, 

Thompson, 

Vauiihan, 

Walker, 

^^'eakley, 

Whiteside, 

AVilliams  ( Barbour) , 

Williams  (Marengo) 

Wilson  (Clarke), 

^Vil^l— 1)4. 


NAYS. 


^Fessrs.  Banks, 

r^cddow, 

Bvars, 

Cofer, 

Dent, 

Foshee, 

J^'ceman, 


Harrison, 
Kirk  land, 
Kvlc, 
AFulkey, 

Ontos," 
Pliillips, 

Pt»rt(M-, 


Constitutional  Convention.  119^ 

Reynolds  (Chilton),  Stiiddard, 

Sloan,  \Miite— 19. 

Spears, 

ARTICLE  — 

SUFFRAGE  AND  ELECTIONS. 

Section  1.  Every  male  citizen  of  this  State  who  ij  a 
citizen  of  the  United  States,  and  (nery  male  resident  of 
foreij^n  birth,  who,  before  the  adoption  of  tliis  Consti- 
tution, may  have  lej^ally  declared  his  intentions  to  be- 
come a  citizen  of  the  United  States,  21  years  old  or  up- 
Avards,  not  laboring  under  any  of  the  disabilities  named 
in  this  article,  and  possessing  the  qualifications  re- 
quired by  it,  shall  be  an  elector,  and  shall  be  entitled  to 
vote  at  an^'  election  by  the  people;  provided,  that  all 
such  foreigners  who  have  declared  their  intentions  to  be- 
come citizens  of  the  United  States,  shall  cease  to  have 
the  right  to  vote  if  they  shall  fail  to  become  citizens  of 
the  United  States  after  they  are  entitled  to  become  such 
citizens. 

Sec.  2.  To  entitle  a  citizen  to  vote  at  any  election  by 
the  peox)le,  he  shall  have  resided  in  the  State  at  least 
two  3^ears,  in  the  county  one  .year,  and  in  the  precinct 
or  ward  three  months,  immediately  preceding  the  elec- 
tion at  which  he  offers  to  vote,  and  he  shall  have  been 
dulv  registered  as  an  elector,  and  shall  have  paid  on  or 
before  the  first  day  of  February  next  preceding  the  date 
of  the  election  at  which  he  offers  to  vote,  all  poll  taxes 
due  from  him  for  the  year  1901,  and  for  each  subsequent 
year;  provided,  that  any  elector  who,  within  three 
months  next  preceding  the  date  of  the  election  at  which 
he  offers  to  vote,  has  removed  from  one  precinct  or 
ward  to  another  precinct  or  ward  in  the  same  county, 
incorporated  town  or  city,  shall  have  the  right  to  vote 
in  the  precinct  or  ward  from  which  he  has  so  removed, 
if  he  would  have  been  entitled  to  vote  in  such  precinct 
or  ward  but  for  such  removal. 

Sec.  3.  All  elections  by  the  people  shall  be  by  bal- 
lot, and  all  elections  by  persons  in  a  representative 
capacity  shall  be  viva  voce. 


1200  Journal  of  Alabama 

Sec.  4.  The  following  male  citizens  of  this  State,  who 
are  citizens  of  the  United  States,  and  evei\y  male  resi- 
dent of  foreign  birth,  who,  before  the  ratification  of  this 
Constitution,  may  have  legally  declared  his  intentions 
to  become  a  citizen  of  the  United  States;  provided  that 
all  such  foreigners  who  have  declared  their  intentions  to 
become  citizens  of  the  United  States  shall  cease  to  have 
the  right  to  vote  if  they  shall  fail  to  become  citizens  of 
the  United  States  after  they  are  entitled  to  be- 
come such  citizens  twenty-one  years  old  or  up- 
ward, who,  if  their  place  of  residence  shall  remain 
unchanged,  will  have,  at  the  date  of  the  next  general 
election,  the  qualifications  as  to  residence  prescribed  in 
Section  2  of  this  article,  and  who  are  not  disqualified 
under  Section  6  of  this  article,  shall,  upon  application, 
be  entitled  to  register  as  electors  prior  to  the  first  day 
of  January,  1903,  namely: 

First — All  who  have  honorably  served  in  the  land  or 
naval  forces  of  the  United  States  in  the  war  of  1812,  or 
in  the  war  with  Mexico,  or  in  any  war  with  the  Indians, 
or  in  the  war  l)etween  the  States,  or  in  the  war 
with  Spain,  or  who  honorably  served  in  the  land  or 
naval  forces  of  the  Confederate  States,  or  of  the  State  of 
Alabama  in  the  war  between  the  States;  or 

Second — The  lawful  descendants  of  persons  who  hon- 
orably served  in  the  land  or  naval  forces  of  the  United 
States  in  the  war  of  the  American  Revolution,  or  in  the 
war  of  1812,  or  in  the  war  with  Mexico,  or  in  any  war 
with  the  Indians,  or  in  the  War  between  the  States, 
or  in  the  land  or  naval  forces  of  the  Confederate  States, 
or  of  the  State  of  Alabama  in  the  war  between  the 
States;  or 

Third — All  persons  of  good  character  and  who  under- 
stand the  duties  and  obligations  of  citizenship  under  a 
republican  form  of  government. 

Sec.  5.  After  the  first  day  of  January,  1903,  the  fol- 
fowing  persons,  and  no  others,  who,  if  their  place  of 
residence  shall  remain  unchanged,  will  have,  at  the 
date  of  the  next  general  election,  the  qualifications  as 
to  residence  prescribed  in  Section  2  of  this  article, 
shall  be  qualified  to  register  as  electors;  provided,  they 
shall  not  be  disqualified  under  Section  6  of  this  article: 


Constitutional  Convention,  1201 

ITirst — Those  who,  unless  prevented  by  physical  dis- 
iibility  can  read  and  write  an}^  article  of  the  Constitu- 
tion of  the  United  States  in  the  English  language,  and 
who,  being  i^liysically  able  to  work,  have  worked  or  been 
regularly  engaged  in  some  lawful  employment,  business 
or  occupation,  trade  or  calling,  for  the  greater  part  of  the 
twelve  months  next  preceding  the  time  the^^  offer  to 
register;  provided,  that  persons  who  can  neither  read 
nor  write  on  account  of  physical  disability  shall  be  al- 
lowed to  register  and  vote  if  otherwise  qualified,  as  pro- 
vided in  this  subdivision;  or 

Second — The  owner  in  good  faith  in  his  own  right  or 
the  husband  of  a  woman  who  is  the  owner  in  goq4  faith 
in  her  own  right,  of  forty  acres  of  land  situated  in  this 
State,  upon  Avhich  they  reside;  or  the  owner  in  good 
faith -in  his  own  right,  or  the  husband  of  any  woman 
Avho  is  the  owner  in  good  faith  in  her  own  right,  of  real 
estate  situate  in  this  State  assessed  for  taxation  at  the 
value  of  |300  or  more,  or  the  owner  in  good  faith,  in 
his  own  right,  or  the  husband  of  a  woman  who  is  the 
owner  in  good  faith,  in  her  own  right,  of  personal  prop- 
erty in  this  State  assessed  for  taxation  at  |300  or  more; 
provided,  that  the  taxes  due  upon  such  real  or  personal 
property  for  the  year  next  preceding  the  year  in  which 
he  offers  to  register,  shall  have  been  paid,  unless  the  as- 
sessment shall  have  been  legally  contested  and  is  unde- 
termined. 

Sec. ,  6. — The  following  persons  shall  be  disqualified 
both  from  registering  and  from  voting,  namely : 

All  idiots  and  insane  persons;  those  who  shall,  by 
reason  of  conviction  of  crime,  be  disqualified  from  vot- 
ing at  the  time  of  the  ratification  of  this  Constitution; 
and  those  who  shall  be  convicted  of  treason,  murder, 
arson,  embezzlement,  malfeasance  in  office,  larceny,  re- 
ceiving stolen  property,  obtaining  property  or  money 
under  false  pretenses,  perjury,  subornation  of  perjury, 
robbery,  assault  with  intent  to  rob,  burglary,  forgery, 
bribery,  assault  and  battery  on  the  wife,  bigamy,  living 
in  adultery,  sodomy,  incest,  rape,  miscegenation,  crime 
against  nature,  or  any  crime  punishable  by  imprison- 
ment in  the  penitentiary,  or  of  any  infamous  crime  or 

76 


1202  Journal  of  Alabama 

crime  involving  moral  turpitude ;  also,  any  person  who 
shall  be  convicted  as  a  vagrant  or  tramp,  or  of  selling 
or  offering  to  sell  his  vote  or  the  vote  of  another,  or  buy- 
ing or  offering  to  buy  the  vote  of  another  in  any  election 
by  the  people  or  in  any  primary  election  or  to  procure 
the  nomination  or  election  of  any  person  to  any  office^ 
or  of  suborning  any  witness  or  registrar  to  secure  the 
registration  of  any  person  as  an  elector. 

Sec.  7. — No  person  shall  be  qualified  to  vote  or  parti- 
cipate in  any  primary  election,  part}'  convention,  mass- 
meeting,  or  other  method  of  party  action  of  any  politi- 
cal party  or  faction,  who  shall  not  possess  the  qualifica- 
tions prescribed  in  this  article  for  an  elector,  or  who 
shall  be  disqualified  under  the  provisions  of  this  article 
from  voting. 

Sec.  8. — No  person,  not  registered  and  qualified  as 
an  elector  under  the  provisions  of  this  article  shall  vote 
at  tlie  g(Mie]'al  election  in  1902,  or  at  any  subsequent 
State,  county  t)r  municipal  election,  general,  local  or 
special ;  but  the  provisions  of  this  article  shall  not  apply 
to  any  election  held  prior  to  the  general  election  in  1902. 

Sec.  9. — Any  elector  whose  right  to  vote  shall  be 
challenged  for  any  legal  cause  before  an  election  officer 
shall  be  required  to  swear  or  affirm  that  the  matter  of 
the  cliallenge  is  untrue  before  his  vote  shall  be  received^ 
and  any  one  v\'ho  Avilfully  swears  or  affirms  falsely  there- 
to shall  be  guilty  of  perjury. 

Sec.  10. — The  General  Assembly  shall  provide  by  law 
for  the  registration,  after  the  first  day  of  January,  1903, 
of  all  qualified  electors.  Until  the  first  day  of  Janu- 
ary, 1903,  all  electors  shall  be  registered  under  and  in 
accordance  with  the  requirements  of  this  Section  as 
follows : 

First — Registration  shall  be  conducted  in  each  county 
by  a  board  of  three  reputable  and  suitable  persons  resi- 
dent in  the  county,  who  shall  not  hold  any  elective  of- 
fice during  their  term,  to  be  appointed  within  sixty 
dnvs  nfter  the  ratification  of  this  Constitution  bv  the 
Governor,  Auditor  and  Commissioner  of  Agriculture 
and  Industries,  or  a  majority  of  them,  acting  as  a  Board 
of  Appointment.     If  one  or  more    of   the    persons,  ap- 


COXSTITUTIONAL  CONYENTION.  1203 

pointed  on  such  Board  of  Kegistration  shall  refuse,  neg- 
lect or  be  unable  to  qualify  or  serve,  or  a  vacancy  or 
vacancies  occur  in  the  membership  of  the  Board  of  Reg- 
istrars from  any  cause,  the  Governor,  Auditor  and  Com- 
missioner of  Agriculture  and  Industries  or  a  majority 
of  them  acting  as  a  Board  of  Appointment,  shall  make 
other  appointments  to  fill  such  Board.  Each  registrar 
shall  receive  |2  per  day,  to  be  paid  by  the  fcjtatc,  and 
disbursed  by  the  several  Probate  Judges,  for  each  en- 
tire day's  attendance  upon  the  sessions  of  the  Board. 

Before  entering  upon  the  performance  of  the  duties 
of  his  office,  each  registrar  shall  take  the  same  oath  re- 
quired of  the  judicial  officers  of  the  State,  which  oath 
may  be  administereji  hy  any  person  authorized  by  law 
to  administer  oaths.  The  oath  shall  be  in  writing  and 
subscribed  by  the  registrar  and  filed  in  the  office  of  the 
Probate  Judge  of  the  count}'. 

Second — Prior  to  the  first  day  of  August,  1902,  the 
Board  of  Registrars  in  each  county  shall  visit  each  pre- 
cinct at  least  once  and  oftener  if  necessary  to  make  a 
complete  registration  of  all  persons  entitled  to  register, 
and  remain  there  at  least  one  day  from  8  o'clock  in  the 
morning  until  sunset.  They  shall  give  at  least  twenty 
days'  notice  of  the  time  when,  and  the  place  in  the  pre- 
cinct where  they  will  attend  to  register  applicants  for 
registration,  b}"  bills  posted  at  five  or  more  public  places 
in  each  election  precinct,  and  by  advertisement  in  a 
newspaper,  if  there  be  one  published  in  the  county, 
once  a  week  for  three  successive  weeks.  Upon  failure 
to  give  such  notice,  or  to  attend  any  appointment  made 
by  them  in  any  precinct,  they  shall,  after  like  notice, 
fill  new  appointments  therein;  but  the  time  consumed 
by  the  board  in  completing  such  registration  shall  not 
exceed  sixty  working  days  in  any  county,  except  that  in 
counties  of  more  than  1,000  square  miles  in  area  such 
board  may  consume  75  working  days  in  comi)letini>  tlie 
registration  in  such  county,  and  except  that  in 
counties  in  which  there  is  any  city  of  8,000  inhabitants 
or  over,  the  board  may  remain  in  session,  in  addition  to 
the  session  hereinahove  prescribed,  for  not  more  than 
three  successive  weeks  in  each  of  said  cities ;  and  there- 


1204  Journal  of  Alabama 

after  the  board  may  sit  from  time  to  time  in  each  of 
such  cities  not  more  tlian  one  week  in  each  month,  and 
except  that  in  the  county  of  Jefferson  the  board  may 
hold  additional  sessions,  of  not  exceding  five  consecu- 
tive days  duration  for  each  session,  in  any  town  or  city 
of  900  or  more,  and  less  than  8,000  inhabitants.  No 
person  shall  be  registered  except  at  the  county  site,  or 
in  the  precinct  at  which  he  resides.  The  registrars  shall 
issue  to  each  person  registered  a  certificate  of  registra- 
tion. 

Third — The  Board  of  Registrars  shall  register  no  per- 
son between  the  first  day  of  August,  1902,  and  the  Fri- 
day next  preceding  the  day  of  election  in  November, 
1902.  On  Friday  and  Saturday  next  preceding  the  day 
of  election  in  November,  1902,  they  s'hall  sit  in  the  court 
house  of  each  county  during  such  days,  and  shall  regis- 
ter all  applicants*  having  the  qualifications  prescribed 
b}'  Sections  2  and  4  of  this  article,  and  not  disqualified 
under  Sec.  G,  who  shall  have  reached  the  age  of  twenty- 
one  years  after  the  first  day  of  August,  1902,  or  who  shall 
prove  to  the  reasonable  satisfaction  of  the  board  that, 
by  reason  of  j)hysical  disability  or  unavoidable  absence 
from  the  county,  they  had  not  opportunity  to  register 
prior  to  the  first  day  of  August,  1902;  and  shall  on 
such  days  register  no  other  persons.  AVhen  there  are 
two  or  more  court  houses  in  one  county,  the  registrars 
may  sit  during  such  two  days  at  either  of  such  court 
houses  they  may  select,  but  shall  give  ten  days'  notice 
by  bills  posted  at  each  of  the  other  court  houses,  desig- 
nating the  court  house  at  which  they  will  so  sit. 

Fourth — The  Board  of  Registrars  shall  hold  sessions 
at  the  court  house  of  their  respective  counties  during 
the  entire  third  week  in  November,  1902,  and  for  six 
working  days  next  prior  to  the  twentieth  day  of  Decem- 
ber, 1902,  during  which  sessions  they  shall  register  all 
persons  applying  who  possess  the  qualifications  pre- 
scribed in  Sections  2  and  4,  and  who  shall  not  be  dis- 
qualified under  Section  6  of  this  article.  In  counties 
Avhere  there  are  two  or  more  court  houses,  the  Board  of 
Registrars  shall  divide  the  time  equally  between  them. 
The    Board    of    Registrars    shall    give    notice    of   the 


Constitutional  Convention.  1205 

time  and  place  of  siic-li  sessions  by  posting 
notices  at  each  court  liouse  in  tlieir  respective  counties, 
and  at  each  voting  place  and  at  three  other  public 
places  in  the  county,  and  by  publication  once  a  week  for 
two  consecutive  weeks  in  a  newspaper,  if  one  be  pub- 
lished in  the  county;  such  notices  to  be  published  and 
such  publications  to  be  commenced  as  early  as  practi- 
cable in  the  first  week  in  November,  1902;  provided, 
that  a  failure  on  the  part  of  the  registrars  to  conform 
to  the  provisions  of  this  section  as  to  notices  to  be  given 
shall  not  invalidate  any  registration  made  by  them. 

Fifth — The  Board  of  Registrars  shall  have  power  to 
examine,  under  oath  or  affirmation,  all  applicants  for 
registration,  and  to  take  testimony  touching  the  quali- 
fications of  such  applicants;  each  member  of  such  board 
is  authorized  to  administer  the  oath  to  be  taken  by  the 
applicants  and  witnesses,  which  shall  be  in  the  follow- 
ing form,  and  subscribed  by  the  person  making  it,  and 
preserved  by  the  board,  namely: 

"I  solemnly  swear  (or  affirm)   that  in  the  matter  of 

the  application  of    for  registration   as  an 

elector,  I  will  speak  the  truth,  the  whole  truth,  and 
notliing  but  the  truth,  so  help  me  Uod." 

Any  person,  who,  upon  such  examination,  makes  any 
wilfully  false  statement  in  reference  to  any  material 
matter  touching  the  qualification  of  any  applicant  for 
registration  shall  be  gnilty  of  perjury. 

Sixth — The  action  of  the  majority  of  the  Board  of 
Registrars  shall  be  the  action  of  the  board.  Any  per- 
son denied  registration  shall  have  the  right  to  appeal, 
without  giving  security  for  costs,  within  thirty 
days  after  such  denial,  l)y  filing  a  petition 
in  the  Circuit  Court  or  court  of  like  jurisdiction  held 
for  fi^f  county  in  which  he  seeks  to  vote,  to  have  his 
qualifications  as  an  elector  determined.  Upon  filing 
the  petition  the  clerk  of  the  court  shall  give  notice  there- 
of to  anv  Solicitor  authorized  to  represent  the  State  in 
said  county,  whose  duty  it  shall  be  to  appear  and 
defend  acrainst  the  petition  on  behalf  of  the  State.  Upon 
such  trial,  the  court  shall  charge  the  iurv  onlv  as  to 
what  constituted  the  qualifications  that  entitled  the  ap- 


120G  Journal  of  Alabama 

plicant  to  become  an  elector  at  the  time  he  applied  for 
registration,  and  the  jury  shall  determine  the  weight 
and  effect  of  the  evidence  and  return  a  verdict.  From 
the  judgment  rendered  an  appeal  will  lie  to  the  Supreme 
Court  in  favor  of  the  petitioner,  to  be  taken  within 
thirty  days.  Final  judgment  in  favor  of  the  petitioner 
shall  entitle  him  to  registration  as  of  the  date  of  his  ap- 
plication to  the  registrars. 

Seventh — The  Secretary  of  State  shall,  at  the  expense 
of  the  State,  have  prepared  and  furnished  to  the  regis- 
trars and  Probate  Judges  in  the  several  counties,  a  suffi- 
cient number  of  registration  books,  and  of  blank  forms 
of  certificates  of  registration  and  of  oaths  and  of  the 
notices  required  to  be  given  by  the  registrars.  The  cost 
of  the  publication  in  newspapers  of  the  notices  required 
to  be  given  by  the  registrars  shall  be  paid  by  the  State, 
the  bills  therefor  to  be  rendered  to  the  Secretary  of 
State,  and  approved  by  him. 

Eiglitli — Any  elector  who  registers  for  another,  or 
^vho  registers  more  tlian  once,  and  any  registrar  who 
enters  tlie  name  of  anv  elector  on  the  list  of  registered 
voters,  without  such  elector  having  made  application  in 
person,  under  oath  on  a  form  provided  for  that  purpose, 
or  who  knowingly  registers  any  person  more  than  once, 
or  who  knowingly  enters  a  name  upon  the  registration 
list  as  the  name  of  a  voter  without  any  -one  of  that 
name  applying  to  register,  shall  be  guilty  of  a  felony. 

Sec.  11. — Tlie  Board  of  Registrars  in  each  county 
shall,  on  or  before  the  first  day  of  February,  1903,  or  as 
soon  thereafter  as  is  practicable,  file  in  the  Probate 
Court  of  their  county,  a  complete  list,  sworn  to  by  them, 
of  all  persons  registered  in  their  county,  showing  the  age 
of  such  persons  so  registered,  with  tlie  precinct  or  wai*d 
in  which  each  of  such  ])ersons  reside  set  o])posite  the 
name  of  such  persons  and  shall  also  file  a  like  list  in  the 
office  of  the  Secretarv  of  State.  Tlie  Judge  of  Probate 
shall,  on  or  before  the  first  day  of  March,  1903,  or  as 
«oon  thereafter  as  is  practicable,  cause  to  be  made  from 
such  list  in  duplicate  in  tlie  books  furnished  bv  the  Secre- 
tary of  State,  an  alphabetical  list  by  precincts  of  the 
persons  shown  by  the  list  of  the  registrars  to  have  been 


COXSTITUTIONAL  CONVENTIOX.  1207 

registered  in  the  county,  and  shall  file  one  of  such  alpha- 
betical lists  in  the  office  of  Secretary  of  State ;  for  which 
services  by  the  Probate  Judges  compensation  shall  be 
provided  by  the  General  Assembly.  The  Judges  of  Pro- 
bate shall  keep  both  the  original  list  filed  by  the  regis- 
trars and  the  alphabetical  list  made  therefrom  as  rec- 
ords in  the  Probate  Court  of  the  county. 

Unless  he  shall  become  disqualified  under  the  pro- 
visions of  this  article,  any  one  who  shall  register  prior 
to  the  first  day  of  Januarj^  1903,  shall  remain  an  elec- 
tor during  life,  and  shall  be  required  to  register  only  in 
case  of  a  change  of  residence,  on  production  of  his  cer- 
tificate. The  certificate  of  the  registrar  or  of  the  Pro- 
bate Judges  or  of  the  Secretary  of  State  shall  be  suffi- 
cient evidence  to  establish  the  fact  of  such  life  regis- 
tration. Such  certificate  shall  be  issued  free  of  charge 
to  the  elector,  and  the  General  Assembly  shall  provide 
by  law  for  the  renewal  of  such  certificates  wliej^  lost, 
mutilated  or  destroyed. 

Sec.  12. — From  and  after  the  first  day  of  January, 
1903,  any  applicant  for  registration  may  be  required  to 
state  under  oath,  to  be  administered  by  the  registrar 
or  by  any  person  authorized  hj  law  to  administer  oaths, 
where  he  lived  during  the  five  years  next  preceding  the 
time  at  which  he  applies  to  register,  and  the  name  or 
names  that  he  was  knowTi  by  during  that  period,  and  the 
names  of  his  emploj^er  or  employers,  if  any,  during 
such  period.  Any  applicant  for  registration  who  re- 
fuses to  state  such  facts,  or  any  of  them,  shall  not  be 
entitled  to  register,  and  any  person  so  offering  to  regis- 
ter who  wilfully  makes  a  false  statement  in  regard  to 
such  matters  or  any  of  them,  shall  be  guilty  Of  perjury. 

Sec.  13. — In  the  trial  of  any  contested  election,  and  in 
proceedings  to  investigate  any  election,  no  person  other 
than  a  defendant  shall  be  allowed  to  withhold  his  testi- 
mony (tn  the  ground  that  he  may  criminate  himself 
or  subject  himself  to  public  infamy;  but  such  person 
shall  not  be  prosecuted  for  Anj  offense  arising  out  of 
the  transaction  concerning  wbicb  he  testified,  but  may 
be  prosecuted  for  perjury  committed  on  such  examina- 
tion. 


1208  Journal  of  Alabama 

Sec.  14. — The  General  Assembly  shall  pass  laws  not 
inconsistent  with  this  Constitution  to  regulate  and  gov- 
ern elections,  and  all  such  laws  shall  be  uniform 
throughout  the  State;  and  shall  provide  by  law  for  the 
manner  of  holding  elections  and  of  ascertaining  the  re- 
sult of  the  same,  and  shall  provide  general  registration 
laws  not  inconsistent  with  the  provisions  of  this  article, 
for  the  registration  of  all  qualified  electors  from  and 
after  the  first  day  of  January,  1903.  The  General  As- 
sembly shall  also  make  provisions  by  law,  not  incon- 
sistent with  this  article,  for  the  regulation  of  primary 
elections,  and  for  punishing  frauds  at  the  same,  but 
shall  not  make  primary  elections  compulsory. 

The  Legislature  shall  by  law  provide  for  purging  the 
registration  list  of  the  names  of  those  who  die,  becoaie 
insane,  convicted  of  crime  or  otherwise  disqualified  as 
electors  under  the  provisions  of  this  Constitution  of  any 
whose  names  may  have  been  fraudulently  entered  on 
such  list  by  the  Registrars;  provided,  that  a  trial  by  jury 
may  be  had  on  the  demand  of  any  person  whose  name  is 
proposed  to  be  stricken  from  the  list. 

Sec.  15. — It  shall  be  the  duty  of  the  General  Assembly 
to  pass  adequate  laws  giving  protection  against  the 
evils  arising  from  the  use  of  intoxicating  liquors  at 
all  elections. 

Sec,  16. — Electors  shall  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  elections,  or  while  going  to 
or  returning  therefrom. 

Sec.  17. — Returns  of  elections  for  all  civil  officers 
who  are  to  be  commissioned  by  the  Governor,  except 
Secretary  of  State,  Auditor,  Treasurer,  Commissioner 
of  Agriculture  and  Industries,  Attorney  General  and 
Superintendent  of  Education,  and  for  the  members  of 
the  General  Assembly,  shall  be  made  bv  the  Secretary 
of  State. 

Sec.  18. — The  poll  tax  mentioned  in  this  article  shall 
be  |1.50  upon  each  male  inhabitant  of  the  State,  over 
the  age  of  twenty-one  years,  and  under  the  age  of  forty- 
five  years,  who  would  not  now  be  exempt  by  law.  Such 
poll  tax  shall  become  due  and  payable  on  the  first  dav 


Constitutional  Convention.  1209 

of  October  in  each  year  and  become  delinquent  on  the 
first  day  of  the  next  succeeding  February,  but  no  legal 
process  nor  any  fee  or  commission  shall  be  allowed  for 
the  collection  thereof.  The  Tax  Collectoc  shall  make 
returns  for  poll  tax  collections  separate  from  other  col- 
lections. 

Sec.  19.  The  Legislature  is  authorized  to  raise  the 
limit  of  age  to  which  payment  of  poll  tax  is  required 
under  this  article  from  45  years  to  not  more  than  GO 
years. 

Sec.  20.  Any  person  who  shall  pay  the  poll  tax  of  an- 
other, or  advance  him  money  for  that  purpose  in  order 
to  influence  his  vote,  shall  be  guilty  of  bribery  and  pun- 
ished accordingly. 

Sec.  21.  If  any  section  or  subdivision  of  this  article 
shall,  for  any  reason  be  or  be  held  by  any  court  of  com- 
petent jurisdiction,  and  of  final  resort,  to  be  invalid,  in- 
operative or  void,  the  residue  of  this  article  shall  not  be 
thereby  invalidated  or  affected. 

article  ordered  printed. 

On  motion  of  Mr.  Jackson,  5,000  copies  of  the  en- 
grossed article  on  Suff'rage  and  Elections  were  ordered 
printed. 

stenographic  report. 

Messrs.  Greer  of  Calhoun,  Graham  of  Talladega,  and 
Sanford  called  the  attention  of  the  Convention  to  cer- 
tain errors  in  the  stenographic  report  of  the  proceed- 
ings of  yesterday. 

The  report  was  ordered  corrected. 

question  of  personal  privilege. 

Mr.  Davis  of  Etowah  arose  to  a  question  of  personal 
privilege,  and  proceeded  to  state  his  question  of  per- 
sonal  privilege. 
committee  ox   order,  consistency   and   harmony  of- 


1210 


Journal  of  Alabama 


THE   WHOLE   COXSTITUTIOX. 

On  motion  tlie  Committee  on  Order,  Consistency  and 
Harmony  o.f  the  Whole  Constitution  Ayas  granted  leave 
to  sit  during  the  session  of  to-day. 

RECONSIDERATION. 

Mr.  Greer  of  Calhoun  moved  to  reconsider  the  vote 
■by  which  Section  7  of  the  Article  on  Municipal  Cor- 
porations was  adopted  on  yesterday. 

The  mcttion  prevailed :  Yeas,  87;  navs,  22. 

YEAS. 


Messrs.  President, 

Aim  on, 

Altman, 

Banks, 

Barefield, 

Bethune, 

Blackwell, 

Brooks, 

Bulger, 

Burns, 

Bvars, 

Cardon, 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Davis  (DeKalb), 

Duke, 

Eyster, 

Espy, 

Fergvson, 

Fletcher, 

Freeman, 

Gilmore, 


Glover, 
Grayson, 
Greer  (Calhoun), 
Haley, 
Hand  ley, 
Harrison, 

Heflin  (Chambers), 
Hefliu  (Randolph), 
Henderson, 
Hinson, 
Hood, 
ITowze, 
Inge, 

Jones  (Bihlt), 
Jones  (Wilcox), 
Kirkland, 
Knight, 
Ledbetter, 
Lomax, 

Long  (Butler), 
Long  (Walker), 
Lo\ye  (Lawrence), 
Macdonald, 
MclMillan  (Baldwin), 
^rcMillan  (Wilcox), 
Malone, 


Constitutional  Convention. 


1211 


Martin, 

Merrill, 

^Miirphree, 

NeSniitb, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Phillips, 

Pillans, 

Proctor, 

Reese, 


Jieynolds  (Henry), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 

Searcy, 

Sloan, 

Smith,  Mac.  A., 

Smith,  ^Morgan  M. 

Vaughan, 

AVaddell, 

Walker, 

Watts, 

Weakley, 

AVeatlierh^, 

Williams  (^Marengo), 

Williams  (Elmore), 

^^Inn— ST. 


NAYS. 


Messrs.  Ashcraft, 

Beddow, 

Browne, 

Cofer, 

Cunningham, 

Dent, 

Eley, 

P"'oshee, 

Craham  (Montgomery), 

Jackson, 

Jenkins, 


Kyle, 

Miller  (Marengo), 
Mulkey, 
Pettus, 
Pitts, 
Porter, 

Reynolds  (Chilton), 
Sm'ith  (]\robile), 
Thompson, 
Whiteside, 
Wilson  (Clarke)— 2i: 


PAIRS   announced. 

The  following  pairs  were  announced: 

Messrs.  Nornuiu  and  Craig,  Williams  of  Barbour 
and  dedraffenried,  Miller  of  \vilcox  and  Pitts.  Messrs. 
Norman,  Williams  of  Barbour,  and  Miller  of  Wilcox 
would  vote  aye;  and  Messrs.  Craig,  deGraffenried  and 
Fitts  would  vote  nay. 


1212  Journal  of  Alabama 

Mr.  Coleman  of  Greene  moved  to  reconsider  tlie  vote- 
by  which  the  amendment  offered  b}'  Mr.  Craig  was- 
adopted. 

The  motion   prevailed. 

Mr.  Coleman  of  Greene  offered  the  following  substi- 
tute for  the  amendment  offered  by  Mr.  Craig : 

To  authorize  contracting  of  the  obligations  or  issue 
of  bonds  mentioned  in  Section  7  of  this  article,  the 
same  shall  be  first  submitted  to  a  vote  of  the  qualified 
electors  of  said  county,  city,  town,  village,  district  or 
other  political  subdivision  of  this  State,  and  voted  for 
by  a  majority  thereof  in  numbers  and  value  of  taxable 
property  voting  at  such  election. 

Mr.  liogers  of  Sumter  moved  to  table  the  amend- 
ment of  Mr.  Craig  and  the  substitute  for  the  amend- 
ment offered  by  Mr.  Coleman  of  Greene  for  the  amend- 
ment of  Mr.  Craig. 

A  division  of  the  question  was  demanded. 

The  amendment  of  Mr.  Craig  was  laid  upon  the  table. 

The  question  recurred  upon  the  motion  to  table  the 
substitute. 

The  motion  prevailed,  and  the  substitute  was  laid 
upon  the  table. 

On  motion  of  Mr.  O'Xeal,  of  Lauderdale,  Section  7 
was  thereupon  adopted. 

Mr.  Kogers  of  Sumter  moved  to  reconsider  the  vote 
by  which  the  new  section  offered  by  Mr.  deGraffenried 
to  the  Article  on  Municipal  Corporations  was  adopted 
on  yesterday. 

The  motion  prevailed. 

On  motion  of  Mr.  IJogers  of  Sumter  the  new  section 
offered  by  Mr.  deGraffenried  was  laid  upon  the  table. 

Mr:  deGraffenried  asked  unanimous  consent  to  add 
the  following  amendment  to  Section  11  of  the  Article 
on  Munici])al  Corporations : 

Amend  Section  11,  Municipal  Corporations,  by  add- 
ing the  following: 

And  provided  further,  that  this  section  shall  not  ap- 
ply to  the  town  of  Andalusia,  whicli  town  may  levy  and 
collect  a  tax  not  to  exceed  one-half  of  1  per  centum,  in 
addition  to  the  tax  of  one-half  of  1  per  centum  as  here- 


Constitutional  Convention.  1213 

inbefore  allowed  to  be  levied  and  collected,  siicb  special 
tax  to  be  applied  exclusively  to  the  payment  of  inter- 
■est  on  the  bonds  of  said  town  of  Andalusia  now  author- 
ized b}'  law  to  be  issued,  and  for  a  sinking  fund  to  pay 
off  said  bonds  at  the  maturity  thereof. 

Consent  was  granted  and  the  amendment  was 
adopted. 

On  motion  of  Mr.  IJogers  of  Sumter  the  Article  on 
Municipal  Corporations  was  ordered  engrossed  for  a 
third  reading  and  adoption. 

REPORT  OF  COMMITTEE  ON  TAXATION. 

Mr.  Browne,  chairman  of  the  Committee  on  Tax- 
ation, called  the  attention  of  the  Convention  to  the  re- 
port of  the  Committee  on  Taxation,  which  had  certain 
sections  laid  upon  the  table,  to  be  considered  imme- 
diately^ after  the  consideration  of  the  report  of  the 
Committee  on  Municipal  Corporations, 

On  motion  of  Mr.  Browne  Section  7  of  the  Article 
XI  on  Taxation  was  laid  upon  the  table. 

Mr.  Browne  offered  the  following  amendment  to  Sec- 
tion 10: 

Provided,  This  section  shall  not  apply  to  the  cities  of 
Sheftleld  and  Tuscumbia. 

The  amendment  was  adopted. 

On  motion  of  Mr.  Browne  Section  10,  as  amended, 
was  adopted. 

SECTION   ELEVEN. 

Mr.  Browne,  chairman  of  the  Committee  on  Tax- 
tion,  offered  the  following  amendment  to  the  Article 
on  Taxation,  said  amendment  to  constitute  a  new  sec- 
tion: 

Sec.  11.  The  Legislature  may  levy  a  tax  of  not  more 
than  two  and  one-half  per  centum  on  every  |100  of 
the  value  of  all  estate,  real,  personal  and  mixed,  money, 
public  and  private  securities  of  every  kind  i)assing 
from  any  person  who  may  die,  seized  and  possessed 
thereof,  being  in  this  State,  or  any  part  of  such  estate, 
money  or  securities,  or  interest  therein  transferred  by 


1214  Journal  of  Alabama 

the  intestate  laws  of  this  State,  or  by  will,  dee<l,  *<i;raiit^ 
bargain,  sale  or  gift,  made  or  intended  to  take  effect  in 
l)ossession  after  the  death  of  the  grantor,  devisor  of 
donor  to  any  person  or  persons,  l)odies  politic  or  cor- 
porate, in  trust  or  otherwise,  othei-  than  to  or  for  the 
nse  of  the  father,  niotljcr,  liiisband,  wife,  brothers,  sis- 
ters, children  or  lineal  descendants  of  the  grantor,  de- 
visor, donor  or  intestate. 

The  amendment  was  adopted. 

SECTION    FIVE. 

Mr.  Browne,  chairman  of  the  Committee  on  Tax- 
ation, moved  to  take  ux)  Section  o. 

The  motion  prevailed. 

Mr.  Brown  tlierenpon  moved  to  table  amendments  to 
Section  5. 

The  motion  prevailed,  and  all  amendments  wei-e  laid 
upon  the  table. 

Mr.  Browne  thereupon  offered  the  following  amend- 
ment to  Section  5,  which  was  adopted : 

Amendment  to  Section  5,  Article  XI : 

Strike  out  of  Section  5  all  after  the  words  "and  col- 
lected'' in  line  twelfth  (of  the  printed  copy.) 

Mr.  Browne  moved  that  the  Article  XI  on  Taxation 
])(^  ordered  engrossed  for  a  third  residing  and  ado])tion. 

The  motion  prevailed  and  the  Article  XI  was 
ordered  engrossed  for  a  third  reading. 

ADJOURNMENT. 

The  hour  of  1  o'clock  p.  m.  having  arrived,  under 
the  rules  the  (\)iivention  rcH-essed  until  3:30  this  after- 
noon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  folio winqr" 
delegates  answered  to  their  names,  which  constituted  a- 
quorum  : 


Constitutional  Convention. 


1215 


Messrs.  President, 
Almon, 

Altman, 

Asheraft, 

Barefield, 

BeddoAv, 

Bethime, 

Blackwell, 

Boone, 

BroAvne, 

Bulger, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (Etowah), 

Dent, 

deliraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fletcher, 

I'reeman, 

Cilmore, 

r'rioA'er, 

Graham  ( Montgomery ) . 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 


Handley, 
Harrison, 

Heflin  (Chambers), 
Heflin  (Randolph), 
Henderson, 
Hood, 
Howze, 
Inge, 
Jackson, 
Jenkins, 
Jones  (Bibb), 
Jones  (Wilcox), 
Kirkland, 
Lorn  ax, 

Long  (Walker), 
Lowe  (Jefferson), 
Lowe  (Lawrence), 
Macdonald, 
:\rcMillan  (Baldwin), 
Martin, 
Maxwell, 
Merrill, 

Miller  (Marengo). 
^filler  (Wilcox),' 
Mulkey, 
Murphree, 
V(>SinUh, 

O'Neal  (Lauderdale), 
O'Neill,   (Jefferson), 
O'Rear, 
Palmer, 

Parker  (Cullman), 
Parker  (Elmore), 

Pill  Hips, 

Pillans, 

Pitts, 

Porter, 

Reese. 

Reynolds  (Henry), 

Rogers  (Lowndes), 


1216  ,  Journal  of  Alaba^ia 

Kogers  (Sumter),  Vaughan, 

Samford,  Waddell, 

Sanford,  Walker, 

Searcy,  Weatlierly, 

Smith   (Mobile),  Williams  (Barbour), 

Smith,  Mac.  A.,  Winn — 95. 

On  motion  the  privileges  of  the  floor  were  extended 
to  Hon.  C.  W.  Thompson. 

RECONSIDERATION. 

Mr.  Wilson  of  Clarke  moved  to  reconsider  the  vote 
by  which  the  Article  on  Municipal  Corporations  Avas 
ordered  engrossed  for  a  third  reading  and  adoption, 
which  motion  under  the  rules  goes  over  until  to-mor- 
row. 

Mr.  Wilson  of  Clarke  moved  to  take  from  the  table 
a.  motion  to  reconsider  Section  6,  and  make  it  and  the 
consideration  of  the  motion  to  reconsider  Section  6  a 
special  order  immediately  after  the  consideration  of 
the  motion  to  reconsider  the  vote  by  which  the  article 
was  ordered  to  a  third  reading. 

Mr.  Ashcraft  raised  the  point  of  order  that  a  motion 
to  take  from  the  table,  and  the  motion  to  fix  a  time 
when  a  motion  to  take  from  the  table  might  be  made, 
are  both  out  of  order  and  cannot  displace  the  regular 
order  without  a  suspension  of  the  rules,  to  make  any 
motion  in  reference  to  any  matter  that  is  now  pending 
before  the  Convention. 
.  The  President  stated  that  he  would  rule  on  the  point 
of  order  made  by  Mr.  Ashcraft  after  conferring  with 
some  parliamentarians. 

The  point  of  order  was  not  ruled  upon. 

QUESTION   OF   PERSONAL   PRIVILEGE. 

Mr.  Carmichael  of  Coffee  arose  to  a  question  of  per- 
sonal privilege  and  proceeded  to  state  his  question  of 
jDersonal  privilege,  in  regard  to  the  letter  accompany- 


Constitutional  Convention.  1217 

ing  the  petition  introduced  by  himself  this  morning, 
and  stated  that  he  desired  to  withdraw  the  letter. 

Objection  was  made  to  his  withdrawing  said  letter. 

Mr.  Coleman  of  Greene  moved  that  Mr.  Carmichael 
of  Coffee  be  allowed  to  withdraw  his  letter. 

Mr.  Helliu  of  Chambers  moved  to  table  the  motion 
of  Mr.  Coleman  of  Greene. 

The  motion  was  lost. 

The  question  recurred  upon  the  motion  of  Mr.  Cole- 
man of  Greene. 

The  motion  of  Mr.  Coleman  of  Greene  prevailed. 

REGULAR   ORDER. 

The  Convention  proceeded  to  the  consideration  of 
the  regular  order,  which  was  the  report  of  the  Com- 
mittee ou  Amending  the  Constitution  and  Miscellaneous 
Provisions. 

On  motion  of  Mr.  Merrill,  the  acting  chairman,  the 
Teport  was  considered  section  by  section. 

SECTION  one. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  1.  No  person  holding  an  office  of  profit  under 
the  United  States,  except  postmasters,  whose  annual 
salaries  do  not  exceed  |200,  shall,  during  his  continu- 
ance in  such  office,  hold  any  office  of  profit  under  this 
State;  nor  shall  any  person  hold  two  offices  of  profit  at 
one  and  the  same  time  under  this  State  except  Justices 
of  the  Peace,  Constaltles,  Notaries  Public  and  Commis- 
sioners of  Deeds. 

SECTION  TWO. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  2.  The  salary,  fees  or  compensation  of  any  offi- 
cer holding  any  civil  offiee  of  profit  under  this  State,  or 
any  county  or  municipality  thereof,  shall  not  be  in- 
creased or  diminished  during  the  term  for  which  he 
:shall  have  been  elected  or  appointed. 


1218  Journal  of  Alabama 

section  three. 

Was  read  at  lengtli  as  follows,  and  adopted: 

Sec.  3.  It  is  made  the  diit}^  of  the  Geiieral  AssemblT 
to  enact  all  laws  necessary  to  "ive  elfect  to  the  provis- 
ions of  this  Constitution. 

On  motion  of  Mr.  ^lerrill,  actini*  chairman  of  the 
committee,  the  report  was  ordered  engrossed  for  a 
third  reading-  and  adoption. 

The  Convention  proceeded  to  the  (•onsiderati<>n  of  an 
ordinance  to  jjrescrihe  the  mode  in  which  the  Consti- 
tution may  be  amended. 

SECTION  ONE. 

AVas  read  at  k'ugth  as  follows: 

1.  Amendments  may  be  proposed  to  this  Constitu- 
tion by  the  General  Assembly  in  the  manner  following: 
The  proposed  amendments  shall  be  read  in  the  House  in 
whicli  they  originate  on  three  several  days,  and  if  upon 
the  third  reading  three-fifths  of  all  the  members  elected 
to  that  House  shall  vote  in  favor  thereof  the  proposed 
amendments  shall  be  sent  to  the  other  House,  in  which 
they  shall  likewise  be  read  on  three  several  days,  and  if 
upon  the  third  reading,  three-fifths  of  all  the  members 
elected  to  that  House  shall  vote  in  favor  of  the  proposed 
amendments,  the  General  Assembly  shall  order  an  elec- 
tion by  the  qualified  electors  of  the  State  upon  such  pro- 
posed amendments,  to  be  held  either  at  the  general  elec- 
tion next  succeeding  the  session  of  the  General  Assem- 
bly at  which  the  amendments  are  proposed  or  upon  an- 
otlier  day  appointed  by  the  General  Assembly  not  less 
than  three  months  after  adjournment  of  the  session  of 
the  General  Assembly  at  which  the  amendments  are  pro- 
posed. Notice  of  such  election,  together  with  the  pro- 
posed amendments  shall  'be  given  by  proclamation  of 
the  Governor,  which  shall  be  published  in  every  county 
in  such  manner  as  the  General  Assembly  shall  direct, 
for  at  least  eight  weeks  successively  next  preceding  the 
day  appointed  for  such  election.  On  the  day  so  ap- 
pointed an  election  shall  be  held  for  the    vote    of    the 


Constitutional  Convention.  1219 

qualified  electors  of  the  State  on  tlie  proposed  aiiiend- 
ments.  If  such  election  be  held  on  the  day  of  the  gen- 
eral election,  the  officers  of  the  general  election  shall 
open  a  poll  for  the  vote  of  the  (pialified  electors  on  the 
proposed  amendments;  if  it  l)e  held  on  a  day  other  than 
that  of  a  general  election,  officers  for  snch  election  shall 
be  appointed  and  the  election  shall  be  held  in  all  tilings 
in  accordance  with  the  law  governing  general  elections. 
In  all  elections  upon  such  proposed  amendments  the 
votes  cast  thereat  shall  be  canvassed,  tabulated,  and  re- 
turns thereof  made  to  the  Secretary  of  State,  and 
counted,  in  the  same  manner  as  is  done  in  elections  for 
Representatives  in  the  General  Assembly,  and  if  it  shall 
thereupon  appear  that  a  majority  of  the  qualified  elect- 
ors who  voted  at  such  election  upon  the  proposed  auiend- 
ments,  in  favor  of  the  same,  such  amendments  shall  be 
valid  to  all  intents  and  purposes,  as  parts  of  this  Con- 
stitution, The  result  of  such  election  shall  be  made 
known  by  proclamation  of  the  Governor. 

]Mr.  Coleman  of  Gi'eeue  ottered  tlie  foHowing  amend- 
ment to  Section  1 : 

ProA'ided,  That  rei)reseiitation  in  the  Legislature 
shall  be  based  upon  population,  and  such  basis  of  re])- 
resentation  shall  not  l)e  changed  by  Constitutional 
amendment. 

yiv.  Cunningham  moved  to  table  the  amendment  of- 
fered by  ]Mr.  Coleman  of  Greene. 

Tlic  motion  to  table  was  lost:  Yeas,  27;  nays.  82. 

YEAS. 

IMessrs.  Beddow,  Henderson, 

Rnrnett,  Jackson, 

Ryars,  Long  (Walker), 

Cardon,  I.,oue  (Lawrence), 

Cofer,  ^lurphree, 

Cunningham,  Oates, 

Eyster,  Parker  (Cullman), 

Haley,  Pearce, 

Harrison,  Phillips, 


1220 


Journal  of  Alabama 


Porter, 

Sorrell, 

Proctor, 

Spears, 

Reynolds  (Henry), 

Studdard, 

Sanders, 

White— 27. 

Sloan, 

« 

NAYS. 

Messrs.  Almon^ 

Heflin  (Randolph), 

Altman, 

Hinson, 

Banks, 

Hood, 

Barefield, 

Howze, 

Betbime, 

Inge, 

Blackwell, 

Jenkins, 

Browne, 

Jones  (Bibb), 

Bulger, 

Jones  (Hale), 

Burns, 

Jones  (Wilcox), 

Oarmichael  (Coffee), 

Knight, 

Carnathon, 

Ledbetter, 

Chapman, 

Lomax, 

Cobb, 

Macdouald, 

Coleman  (Greene), 

McIMillan  (Wilcox), 

Coleman  (Walker), 

Malone, 

Craig, 

Martin, 

Davis  (Etowah), 

Merrill, 

Dent, 

Miller  (Marengo), 

deGraffenried, 

Miller  (Wilcox), 

Duke, 

NeSmith, 

Eley, 

Norman, 

Espy, 

Norwood, 

Ferguson, 

O'Neal  (Lauderdale), 

Fletcher, 

Opp, 

Gilmore, 

O'Rear, 

Glover, 

Palmer, 

Graham  (Montgomery), 

Parker  (Elmore), 

Graham  (Talladega), 

Pettus, 

Grayson. 

Pillans, 

Greer  (Calhoun), 

Pitts, 

Greer  (Perry), 

Reese, 

Handley, 

Rogers   (Lowndes), 

Heflin  (Chambers), 

Rogers  (Sumter), 

Constitutional  Convention.  1221 

Sanford,  Watts, 

Seai'oy,  Weakley, 

Smith  (Mobile),  Weatherly, 

Sprag-ins,  Williams  (Barbour), 

Thompson,  Williams  (Marengo),. 

Vaughan,  Williams  (Elmore), 

Waddell,  Wilson  (Clarke), 

Walker,  Winn— 82. 

Mr.  O'Neal  of  Lanjclerdale  offered  the  following; 
amendment  to  Section  1 : 

Amend  by  striking  out  the  words  "three-fifths'' 
wherever  they  occur  in  said  section,  and  insert  the 
words  ''two-thirds"  in  lieu  thereof. 

On  motion  of  Mr.  Jenkins  the  amendment  offered 
by  Mr.  O'Neal  of  Lauderdale  was  laid  upon  the  table. 

Mr.  Sanford  offered  the  following  amendment  to 
Section  1: 

Amend  Section  1  by  striking  out  the  words  "three 
fifths"  in  the  third  and  sixth  lines  of  said  section,  and 
inserting  in  lieu  thereof  the  words  "a  majority  of  the 
votes  of  all  the  members  elected  to  each  House  of  the 
Legislature." 

On  motion  of  Mr.  Dent  the  amendment  was  laid 
upon  the  table. 

On  motion  of  Mr.  Merrill  Section  1,  as  amended, 
was  adopted. 

SECTION  TWO. 

Was  read  at  length  as  follows: 

2.  Upon  the  ballots  to  be  used  at  all  elections  pro- 
vided in  Section  1  of  this  article,  the  substance  or  sub- 
ject matter  of  each  proposed  amendment  shall  be  printed 
so  that  the  nature  thereof  shall  be  clearly  indicated, 
following  each  proposed  amendment  on  the  ballot  shall 
be  printed  the  words  "Yes"  and  immediately  following 
that  shall  be  printed  the  word  "No,"  The  choice  of  the 
elector  shall  be  indicated  by  a  cross  mark  before  the 
answer  he  desires. 


1222  JuuiiXAL  OF  Alabama 

Mr.  ^Vatts  offered  the  following  amendment  to  Sec- 
tion 2,  which  was  adopted : 

Add  at  the  end  of  Section  2  the  followini^-: 

And  no  amendment  shall  be  adopted  unless  it  receives 
the  affirmative  vote  of  a  majority  of  all  the  qualified 
electors  who  vote  at  such  election. 

On  motion  of  Mr.  Merrill  Section  2,  as  amended, 
"was  adopted. 

SECTION    THREE. 

3.  No  convention  shall  hereafter  be  held  for  the  pur- 
pose of  altering-  or  amending  the  Constitution  of  this 
State,  unless  after  the  General  Assembly,  by  a  vote  of 
a  majority  of  all  the  members  elected  to  each  House,  has 
passed  an  act  or  resolution  calling  a  Convention  for 
such  purpose,  the  question  of  Convention  or  No  Conven- 
tion shall  first  be  submitted  to  a  vote  of  all  the  qualified 
electors  of  the  State,  and  approved  by  a  majority  of  those 
voting  at  such  election.  No  act  or  resolution  of  the 
Oeneral  Assembh'  calling  a  convention  for  the  purpose 
of  altering  or  amending  the  Constitution  of  this  State 
shall  be  repealed  except  upon  the  vote  of  a  majority  of 
all  the  members  elected  to  each  House  at  the  same  ses- 
sion at  which  such  act  or  resolution  was  passed. 

Was  read  at  length. 

Mr.  Weatherly  offei'cd  the  following  amendment  to 
Section  3,  which  was  adopted: 

Provided,  Nothing  herein  contained  shall  be  con- 
strued as  restricting  the  jurisdiction  and  power  of  the 
Convention  when  <lu]y  assembled  in  pursuance  of  this 
section,  to  establish  ordinances  and  to  do  and  perform 
such  things  as  to  the  Convention  may  seem  necessary 
or  proper  to  alter,  revise  or  amend  the  existing  Consti- 
tution. 

On  motictn  of  Mi-.  ^Icrrill  Section  3,  as  amended,  was 
adopted. 


I  Constitutional  Convention,  1223 

SECTION  FOUR. 

AVa.s  read  at  leiij'tli  as  follows,  and  adopted : 
4.  All  votes  of  the  General  Assembly  upon  proposed 
amendments  to  this  Constitution,  and  upon  bills  or 
resolutions  calling  a  Convention  for  the  purpose  of  al- 
tering or  amending  the  Constitution  of  this  State  shall 
be  taken  by  yeas  and  nays  and  entered  on  the  Journals. 
No  act  or  resolution  of  the  General  Assembly  passed  in 
accordance  with  the  provisions  of  this  article  proposing 
amendments  to  this  Constitution,  or  calling  a  conven- 
tion for  the  purpose  of  altering  or  amending  the  Con- 
stitution of  this  State  shall  be  submitted  for  the  ap- 
proval of  the  Governor,  but  shall  be  valid  without  his 
approval. 

On  motion  of  Mr.  ^Merrill  the  ordinance  was  ordered 
•engrossed  for  a  third  reading  and  adoption. 

ADJOURNMENT. 

On   motion   of   Mr.    Blackwell,    the.  Convention   ad- 
journed until  9  o'clock  to-morrow  morning. 


SIXTY-EIGHTH   DAY. 
Convention  Hall. 
Montgomery,  Ala.,  Saturday,  August  10,  1901. 
The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
•delegates  answered  to  their  names,  which  constituted  a 
•quorum: 


1224 


Journal  of  Alabama^ 


Messrs.  President, 

Almon, 

Altman, 

Banks, 

Earefield, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Browne, 

Bulger, 

Ryars, 

Cardon, 

Carmichael  (Colbert), 

Carmicliael  (Coffee), 

Carnathon, 

Chapman, 

Cofer, 

Coleman  (Greene), 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Ele.y, 

Eyster, 

Fletcher, 

Freeman, 

Glover, 

Graham  (Montgomery), 

Graham  ( Talladega ) , 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hood, 

Howze, 

Inge, 


Jackson, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirklaud, 

Knight, 

[jouiax, 

Long  (Butler), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin),. 

McMillan  (Wilcox),    • 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Morrisette, 

Mulkey, 

Murphree, 

Norman, 

Gates, 

O'Neal  (Lauderdale),. 

Opp. 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Pottus, 

Phillips, 

Pillans. 

Pitts, 

Porter, 

Reynolds    ( Henry) ,. 

Rogers  (Lowndes), 

Sam  ford, 

Sanders. 

Sanford, 

Sloan, 

Smith  (Mobile), 

Sbrrell, 

Spears, 

Spragins. 


Constitutional  Convention.  1225> 

Stiiddard,  \Vliitc>side, 

Tayloe,  Williams  (Barbour), 

Thompson,  Williams  (^larengo), 

Waddell,  Williams  (Elmore), 

Walker,  Wilson  (Clarke), 

Watts,  Wilson  (Washington), 

White,  Winn— 96. 

LEAVE  OF   ABSENCE. 

Was  granted  to  Messrs.  Kyle  for  to-day,  Monday  and. 
Tuesday;  Burnett  for  to-day  and  Monday;  Bulger  for 
Monday,  Tuesday  and  Wednesday;  Locklin  from  5th 
of  August  to  and  including  to-day;  M.  M.  Smith  for 
Monday  and  Tuesday;  Pitts  for  Monday  and  Tuesday. 

STENOGRAPHIC  REPORT. 

Messrs.  O'Neal  of  Lauderdale,  and  Browne  called 
the  attention  of  the  Convention  to  certain  errors  in. 
the  stenographic  report  of  the  proceedings  of  yesterday. 

The  report  was  ordered  corrected. 

REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in  : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the 
sixt3^-seventh  day  of  the  Convention,  and  that  the  same 
is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

QUESTION   OF   PERSONAL   PRIVILEGE. 

Mr.  Pitts  arose  to  a  question  of  personal  privilege, 
and  proceeded  to  state  his  question  of  personal  privi- 
lege. 

Mr.  O'Neal  of  Lauderdale  also  arose  to  a  question  of 
personal  privilege,  and  proceeded  to  state  his  question 
of  privilege. 


1226  JouuxAL  OF  Alabama 

RESOLUTION  OX  FIRST  READING. 

The  following  resolution   Avas  introduced,   read  one 

time,  and  on  motion  of  Mr.  Williams  of  Elmore,  the 

rules  were  susj^ended  and  the  resolution  was  adopted : 

Resolution  292,  by  Mr.  AMlliams,  of  Marengo: 

Resolved,  That  this  Convention  adjourn  at  1  o'clock 

to-day  and  convene  again  at  12  o'clock  on  ^Monday  next. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate  com- 
mittees, as  follows : 

Ordinance  447,  by  Mr.  Long,  of  Walker : 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled.  That  the  Secretary  of  this  Convention 
is  instructed  to  obtain  a  sufficient  number  of  the 
stenograhpic  report  with  the  indic(\s  thereto  and  to 
have  the  same  properly  bound  so  that  he  may  forward 
each  member  of  this  Convention  one  of  the  said  copies, 
and  he  is  hereby  instructed  to  forward  to  each  mem- 
ber of  this  Convention  one  of  said  copies  as  he  has  ob- 
tained the  same,  and  for  his  services  he  shall  be  paid 
the  sum  of  |25,  for  which  amount  the  Auditor  is  author- 
ized to  draw  his  warrant  on  the  State  Tre^isurer,  and 
said  sum  is  hereby  appropriated  out  of  the  moneys  of 
the  State  not  heretofore  otherwise  appropriated  for 
paying  for  such  services. 

The  ordinance  was  referred  to  the  Committee  on 
Kules. 

REGULAR   ORDER. 

The  Convention  proceeded  to  the  consideration  of 
the  regular  order,  which  was  the  supplementary  report 
'Of  the  Committee  on  Amending  the  Constitution  and 
]Vriscellaneous   Provisions. 

Ordinance  412,  by  Mr.  Merrill  was  thereui)on  read 
iit  length  as  follows: 

An  ordinance  relating  to  the  bonded  indebtedness  of 


CUN.STITUTION AL   CON VENTIUN. 


1227 


the  State. 

Be  it  ordained  hy  the  peoph'  of  tlu^  State  of  Ahibania 
in  Conventiou  assembled,  that  an  act  of  the  (Jeneral 
Assembly  of  Ahibama  entitled  "An  act  to  consolidate 
and  adjnst  the  b(mded  debt  of  the  State  of  Ahibama/' 
approved  Febrnary  18tli,  1895,  and  an  act  amendatory 
thereto  entitled  "An  act  to  amend  Section  G  of  an  act 
to  consolidate  and  adjust  the  bonded  debt  of  the  State 
of  Alabama,"  approved  February  18th,  1895,  which 
said  last  named  act  was  api)roved  lY'bruary  KJtli,  1899, 
be  and  tlie  same  are  hereby  made  vali<l  and  both  of 
said  acts  shall  have  the  full  foice  and  effect  of  law.  The 
Governor  is  authoi'ized  and  empowered  to  act  under 
the  same  and  <-arry  out  all  tlie  provisions  tliereof. 

Mr.  Merrill  offerd  the  followinii'  amendment  to  the 
ordinance  412,  which  was  adopted: 

Amend  ordinance  No.  412  by  adding  at  tlie  end 
tliereof  the  followinj*': 

Provided  that  the  bonds  mentioned  in  said  acts  and 
issued  thereunder  may  be  made  payable  at  any  time, 
not  exceeding  fifty  years  from  the  date  thereof,  and 
shall  not  lie  redeemahle  until  their  maturity. 

The  ordinance,  as  amended,  was  read  a  third  time 
at  len<ith  and  adojited  :  Yeas,  84;  nays,  (>. 


YEAS. 


Messrs.  President, 

Almon, 

Altaian, 

Banks, 

Barelield, 

Beavers, 

Beddow, 

Bethune, 

Black  well, 

Browne, 

Bulkier, 

Burns, 

Cardon, 

Chapman, 


Coleman  (Greene); 

r.'ivis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffeuried^ 

Duke, 

Eley, 

Eyster, 

Fletcher, 

Gilmore, 

Glover, 

Graham  (Talladega), 

Greer  (Oalhonn), 

Greer  (Perry), 


1228 


Journal  of  Alabama 


Haley, 

Handle}^ 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hend3rson, 

Hinson, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirkland, 

Knight, 

Long  (Walker), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Merrill, 

Miller  (Marengo), 

Mulkey, 

Mnrphree, 

NeSmith, 

Norman, 

Gates, 

0-Neal  (Lauderdale), 


Opp, 

O'Rear, 

Palmer, 

Parker  ( Cullman )» 

Parker  ( Elmore  i. 

Pettus, 

Pii;ans, 

Pitts, 

Porter, 

Proctor, 

Reynolds  (Henry), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

San  ford, 

Smith  (Mobile),. 

Spears, 

Spragins, 

Studdard, 

Waddell, 

\Yalker, 

Watts, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Williams  (Elmore)— 84. 


NAYS. 


Messrs.  Brooks, 

Byars, 

Cofer, 


Freeman, 
Phillips, 
Sloan— 6. 


On  motion  of  Mr.  Merrill  Ordinance  412  was  ordered 
engrossed  and  referred  to  the  Committee  on  Order, 
Consistency  and  Harmony  of  the  Whole  Constitution. 

The  Convention  proceeded  to  the  regular  order, 
which  was  the  supplementary  report  to  the  Committee' 
on  Amending  the  Constitution  and  Miscellaneous  Pro- 
visions. 


OOXSTITUTIOXAL  CONVENTION.  1229 

Ordinauce  390,  by  Mr,  Sp(^ai'.s,  was  read  at  U'ligth 
as  follows : 

An  ordiiiauc(^  to  provide  for  the  establishment  of  a 
court  house  and  jail  at  some  point,  to  be  determined  by 
an  election  by  the  people,  in  tliat  portion  of  St.  Clair 
which  lies  south  and  southeast  of  Back  Bone  Moun- 
tain, and  which  is  embraced  in  precincts  numbered  9, 
10,  11,  12,  13,  14,  15,  10,  17,  19,  20  and  21  in  said 
county. 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assembled : 

First— That  it  shall  be  tlie  duty  of  tlie  Probate 
Judge  of  St.  Clair  county  to  order  an  election  to  be 
held  in  precincts  numbered  9,  10,  11,  12,  13,  14,  15,  10, 
17,  19,  20  and  21,  in  St.  Clair  county,  not  later  than 
sixty  days  after  the  ratification  of  the  Con- 
stitution to  be  submitted  by  this  Convention, 
for  a  vote  of  the  qualified  electors  in  said  pre- 
cincts, at  which  a  court  house  and  a  jail  shall 
be  erected  and  maintained.  Officers  for  such  election 
shall  be  appointed,  and  the  election  in  all  things  in  ac- 
cordance with  the  law  governing  general  elections. 
Upon  the  ballot  to  be  used  at  such  election  the  names 
of  all  places  to  be  voted  on  shall  be  printed,  and  the 
choice  of  the  elector  shall  be  indicated  by  a  cross  mark 
before  the  place  of  his  choice.  The  votes  cast  at  such 
election  shall  be  canvassed,  tabulated,  returns  thereof 
made,  and  counted,  in  the  same  manner  as  is  done  in 
elections  for  Sheriff  and  other  county  officers.  At  the 
place  receiving  the  highest  number  of  votes  at  such 
election  there  shall  be  erected  and  maintained  a  court 
house  and  jail  for  the  trial  of  all  cases  and  the  trans- 
action of  all  legal  business  originating  in  said  precincts 
9,  10,  11,  12,  13,  14,  15,  IG,  17,  19,  20  and  21. 

The  venue  of  all  actions  and  suits  (other  than  such  as 
are  to  be  tried  before  Justices  of  the  Peace)  in  which 
only  residents  of  that  portion  of  said  St.  Clair  Avhich 
lies  south  and  southeast  of  Back  Bone  mountain  are  de- 
fendants, shall,  except  as  otherwise  provided  by  law. 
be  at  the  court  house  herein  provided  for;  provided, 
however,  that  Asheville,  in  St.  Clair  county,  shall  con- 


1230  JouRXAi.  OF  Alabama 

tiiiue  to  be  the  county  seat  until  clian.ii.ed  by  vote  of  the 
(inalified  electors  residing  in  that  part  of  St.  Clair 
eonnty  which  lies  north  and  northwest  of  said  Back 
Bone  ^lonntain. 

Second — The  (Nuirt  of  County  Coniniissioners  of  St. 
Clair  county  shall,  at  its  first  regular  meeting  after 
the  election  provided  for  in  Section  1  of  this  ordinance, 
take  all  the  necessary  steps  and  make  all  necessary 
orders  to  issue  and  sell  bonds  of  St.  Clair  county  to  the 
amount  of  |10,000,  the  proceeds  to  be  used  only  for  the 
erection  and  e(iuipment  of  such  court  house  and  jail, 
or  to  provide  by  other  means  a  sufficient  amount  of 
money  to  erect  a  suitable  court  house  and  jail  at  the 
place  which  shall  have  been  selected  in  accordance  with 
said  Section  1,  and  to  properly  ecpiip  and  furnish  the 
same  with  record  books  and  other  necessiiry  e(]uip- 
nieuts;  provided  however,  that  if  said  Court  of  Count}' 
C(mimissioners  shall  levy  a  tax  for  such  purjiose,  sucli 
tax  shall  be  levied  on  all  taxable  i)roi)crty  in  said 
county,  but  all  of  such  tax  sliall  not  be  levied  and  c(d- 
lected  in  one  year.  And  i)rovi<led  furthi'r.  that  such 
court  house  and  jail  shall  be  comi)lete<l  in  every  way 
and  shall  be  ready  for  the  holding  of  court  and  the 
transaction  of  legal  business  on  or  before  the  first  day 
of  the  s])ring  term,  11)03,  of  the  Circuit  Coui-t  of  St. 
Clair  county. 

Third — The  Sheriff,  Probate  Judge,  Circuit  Clerk, 
IJegister'in  Chancery,  Tax  Assessor,  Tax  Ccdlector,  and 
Su]»rintendent  of  Education  of  St.  Clair  county,  shall 
keep  offices  in  the  court  house,  which  shall  be  built  in 
accordance  with  the  provisions  of  this  ordinance. 

F(Uirth — The  Ceneral  Assembly  at  its  first  nu'Pting 
after  the  ratification  of  the  Constitution  to  be  sub- 
mitted to  the  people  by  this  Convention,  shall  enact 
laws  i-egulating  the  holding  of  courts  at  the  court  house 
provided  for  in  this  ordinance. 

Fifth — This  ordinance  shall  be  valid  and  effective  if 
the  Constitution  which  shall  be  framed  by  this  Con- 
^•"uti'Mi,  be  ratified  by  the  peopl(\  Otherwise  it  shall 
be  void. 


Constitutional  Convention.  1231; 

Mr.  Beavers  offered  the  followin<>  amendment  to  the 
ordinance  390,  introdnoed  by  INIr.  S])ears: 

Amend  ordinance  No.  39(1,  as  re])orted  bv  tlie  Com- 
mittee on  Amending  the  (Vmstitntion  and  Miscellane- 
ons  Provisions,  as  folh)\vs: 

Amend  caption  by  addini>  thereto  the  following;: 
And  also  to  (stablisli  a  conrt  liouse  and  jail  foi- 
Shelby  connty  at  some  pf)int  on  the  Central  of  Oeorjuia 
railway  in  Shelby  county,  to  be  determined  by  an  elec- 
tion by  the  qualified  voters  of  that  portion  of  Shelby 
county  lyin^-  in  i)recincts  numbered  8,  9,  10,  11,  13,  14, 
15,  IG  and  IS,  in  said  county. 

Amend  vSe<-tion  1  by  adding'  thereto  the  following: 
That  it  shall  be  the  duty  of  the  Judge  of  Probate  of 
Shelby  connty  to  order  an  election  to  be  held  in  pre- 
cincts nund)ered  8,  9,  10,  11,  13,  14,  15,  16  and  18,  in 
Shelby  county,  not  later  than  sixty  days  after  the  rati- 
fication of  the  Constitution  to  be  submitted  by  this 
Convention,  for  a  vote  of  the  (jualified  electors  in  said 
precincts  for  the  selection  of  a  place  at  which  a  court 
house  and  jail  shall  be  erected  and  maintained.  Officers 
of  said  election  shall  be  appointed  and  the  election 
conducted  and  the  resu.lt  ascertainiMl  in  all  things  as 
provided  by  the  la\\'S  governing  general  elections  so 
far  as  the  same  are  applicable.  T^})on  the  ballots  to  be 
used  at  said  election  the  najnes  of  all  places  to  be  vnt<Ml 
on  shall  be  printed,  and  the  choice  of  the  elector  shall 
be  indicated  hy  a  cross  nmrk  before  tlu^  j)lac(»  of  his 
cludce.  At  the  i)lace  receiving  the  highest  innnber  of 
votes  at  such  ehH'tion  there  shall  be  erected  and  main- 
tained a  court  house  and  jail  for  the  trial  of  all  causes' 
and  the  transaction  of  all  legal  business  originating 
in  said  precincts  8,  9,  10,  11,  13,  14,  15,  16  and  18,  and 
the  venue  in  all  actions  and  suits  (other  than  such  as 
ai'e  tried  before  Justices  of  the  Peace)  in  which  only 
residents  of  that  i)orti(Ui  of  Shelby  countv  Iving  with- 
in said  precincts  8,  9,  10,  11,  13,  14,  15,  16  and  18,  and 
defendants  shall,  except  as  otherwise  provided  bv  law, 
be  at  the  court  house  herein  provided  for;  provided, 
that  Columbiana,  in  Shelby  county,  shall  continue  to 
be  tlie  county  seat  until  changed  by  vote  of  the  quali- 


1232  Journal  of  Alabama 

fied  electors  revsidiug  in  that  part  of  Shelby  county  not 
embraced  in  precincts  numbered  S,  9,  10,  11,  13,  11,  15, 
16  and  18,  in  said  county. 

Amend  Section  2  by  adding  after  the  word  "county" 
in  the  first  line,  the  words  "and  the  Court  of  County 
Commissioners  of  Shelby  county,  resijectively,"  and 
by  inserting  after  the  word  "county"  in  the  third  line, 
the  words  "and  Shelb^^  county,  respectiAeh,"  and  by 
inserting  after  the  words  "court  house  and  jail,"  in 
line  eleven,  the  words  "for  St.  Clair  county,"'  and  by 
adding  at  the  end  of  said  section  the  following,  "and 
such  court  house  and  jail  for  Shelby  county  shall  be 
completed  in  every  way  and  read}'  for  the  holding  of 
courts  and  the  transaction  of  legal  business  on  or  be- 
fore the  first  da}'  of  September,  1003." 

Amend  Section  3,  by  adding  thereto  the  following 
"and  said  officers  for  Shelby  county  shall  likewise  keep 
offices  in  the  additional  courl  house,  which  shall  be 
erected  in  accordance  with  the  provisions  of  this  ordi- 
nance in  the  county  of  Shelby." 

Amend  Section  1  by  inserting  after  the  words  "court 
house"  in  line  three,  the  woixis  "or  court  houses." 

Mr.  Jenkins  moved  to  table  the  ordinance  390,  offered 
by  Mr.  Spears,  and  the  substitute  offered  by  Mr.  Beav- 
ers. 

A  division  of  the  question  was  demanded. 

The  question  recurred  upon  the  motion  to  table  the 
substitute  ott'ered  by  Mr.  Beavers. 

The  motion  to  table  was  lost. 

The  question  recurred  upon  the  motion  to  table  the 
ordinance   (390)   offered  by  Mr.   Spears. 

The  motion  to  table  was  lost. 

Mr.  Browne  offered  the  following  amendment  to  the 
amendment  ott'ered  by  Mr.  Beavers,  which  was  adopted 
by  unanimous  consent  : 

After  the  word  Shelby  county  in  first  provision,  sec- 
ond page,  and  strike  out  the  words  "that  part  of"  in 
said  provision. 

The  substitute  as  amended  was  adopted. 

The  question  recurred  upon  the  adoption  of  the 
ordinance  390  as  amended  by  the  amendment  offered 
l)y  Mr.  Beavers. 


Constitutional  Convention. 


1233 


The  ordinance,  as  amended,  was  adopted:  Yeas,  80; 
nays,  8. 


YEAS. 


Messrs.  President, 

Almon, 

Altman, 

Banks, 

Barefield, 

Beddow, 

Bethune, 

Blaelvwell, 

Brooks, 

Browne, 

Boli>er, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Coffee), 

€ofer, 

Davis  (Etowah), 

deGraffenried, 

Duke, 

Fletcher, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Heflin  (Chambers), 

HeUiu  (Randolph), 

Henderson, 

Hinson, 

Ifc.d 

Howze, 

Inge, 

Jackson, 

78 


Jones  (Bibb), 

Jones  (Wilcox), 

Kirkland, 

Knight, 

Ledbetter, 

Lomax, 

Long  (Walker), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Miller  (Marengo), 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

O'Neal  (Lauderdale), 

Gpp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pliillips, 

Pillans, 

Pitts, 

Porter, 

Reynolds  (Henry), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 

Sloan, 

Smith  (Mobile), 

Spears, 

Studdard, 

Wad  dell, 

Walker, 


1234 


Journal  of  Alabama 


Watts, 
Weatherlv. 
White, 
Whiteside, 


Williams  (Barbour), 
"Williams  (Marengo), 
Williams  (Elmore), 
Winn— 80. 


NAYS. 


Messrs.  Eley, 
E^^ster, 
Jenkins, 
Merrill, 


Oates, 
Pettus, 
Sam  ford, 
Spragins — 8. 


The  ordinance  390  was  ordered  engrossed  and  re- 
ferred to  the  Committee  on  Order,  Consistency  and 
Harmony  of  the  Whole  Constitntion. 


REPOUT   OF   THE   COMMITTEE   OX    SCHEDl'LE.   PRINTING;    AND 
INCIDENTAL    EXPENSES. 

yiv.  Hetlin  of  Randolph,  chairman  of  the  Connnittee 
on  Schedule,  Printing  and  Incidental  Expenses,  sub- 
mitted the  following  report,  which  was  read  at  length, 
laid  upon  the  table  and  300  copies  ordered  printed: 

Keport  of  the  Committee  on  Schedule,  Printing  and 
Incidental  Expenses. 

Mr.   President : 

The  Committee  on  Schedule,  l*rinting  and  Incidental 
Expenses  has  instructed  me  to  make  the  following  par- 
tial report,  viz. : 

The  committee  has  audited  the  accounts  hereto  at- 
tached, and  finds  that  the  State  of  Alabama  is  cliarged 
by  parties  named  in  this  report  the  amounts  set  o])po- 
site  their  names  for  articles  furnislu'd  said  State  for 
use  of  Constitutional  Convention,  all  of  said  accounts 
are  itemized  as  sliown  by  bills  hereto  attached. 

We  find  said  State  of  Alabama  charged  by  I).  I'\  Cioi*- 
rie,  of  .Montgomery.  Ala.,  |22.50. 

We  find  said  State  chaiged  by  Jose])h  S.  ^^'illg,  of 
:\Iontg()mery,  Ala.,  |44.70. 

We  find  said  State  charged  by  Tennille  Furniture 
Co.,  of  Montgomery,  Ala.,  112.00. 


Constitutional  Convention.  1235 

We  tiiid  Sfiid  State  of  Alahama  rliarjj;ed  by  IV  Wolff,, 
of  ]Moiit<;(»mei'y,  Ala.,  |12.75. 

We  timl  said  State  cliai-j^ed  Ity  John  L.  Coltbs  &  Co., 
of  Moiito-oiuery,  Ala.,  |2!).'l5. 

AVe  tiiid  said  State  cliariied  by  Wollf  cV:  Loeb,  of 
Moiitiioiuery,  Ala.,  f28.5(). 

A\'e  find  said  State  chai-ined  by  Ellis  &  Gay,  of  Mont- 
gomery,  Ala.,   118.00. 

Yonr  committee  has  carefully  examined  each  account 
and  after  a  careful  examination  of  each  item  named  in 
said  accounts  lun'e  come  to  the  conclusion  that  many 
of  the  charges  are  excessive,  and  we  recommend  that 
the  following  named  parties  or  firms  be  paid  the  fol- 
lowing amounts : 

D.    V.    (Jorrie    |17.50 

Joseph    S.    Wing    28 .  50 

Tennille   I'^urniture   Company    12.00 

B.    Woltt"    ' 11.00 

John  L.  Coblis  ^  ('o 20.00 

AVol  ff   ,K-    Loeb    25 . 0() 

Ellis    cV:    (lay    10.00 

^[iss   Mamie   ( )ff u  tt    8 .  00 

All  of  which  is  res])ectfully  submitted, 

John  T.  Hp:flin,  CJuiirman. 
Committee  on   Schedule,   I'rinting  and   Incidental   Ex- 
penses. 

REGULAR   ORDER. 

Th(^  Convention  proceeded  to  the  consideration  of 
the  regular  order,  which  was  the  report  of  the  Com- 
mittee on  Representation. 

On  motion  of  Mr.  Pitts  the  report  was  ordered  con- 
si  dcn-ed  section  by  section. 

SECTION  ONE. 

Was  read  at  length  as  follows,  and  adopted : 
Section  1.     The  whole  number  of  Senators  shall  be 

not  less  than  one-fourth,  or  more  than  one-third  of  the 

whole  number  of  Representatives. 


1236  Journal  of  Alabama 

section  two. 


Was  read  at  length  as  follows : 


Sec,  2  The  House  of  Representatives  shall  consist 
of  not  more  than  one  hundred  and  five  members,  unless 
new  counties  are  created,  in  which  event  each  county 
shall  be  entitled  to  one  Kepresentative.  The  members 
of  the  House  of  Kepresentatives  shall  be  apportioned 
by  the  General  Assembly  among  the  several  counties  of 
the  State,  according  to  the  number  of  inhabitants  in 
them  respectively,  as  ascertained  by  the  decennial  census 
of  the  United  States;  which  ai)portionment  when  made 
shall  not  be  subject  to  alteration  until  the  next  session 
of  the  General  Assembly  after  the  next  decennial  census 
of  the  United  States  shall  have  been  taken. 

The  minority  rei^ort,  as  heretofore  adopted,  was,  by 
unanimous  consent,  withdrawn. 

Section  2  was  thereupon  adopted. 

SECTION    THREE, 

Was  read  at  length  as  follows,  and  adopted : 
Sec,  3.  It  shall  be  the  duty  of  the  General  Assembly 
at  its  first  session  after  the  taking  of  the  decennial 
census  of  the  United  States  in  the  jear  1910,  and  after 
each  subsequent  decennial  census,  to  fix  by  law  the  num- 
ber of  Eepresentatives,  and  apportion  them  among  the 
several  counties  of  the  State,  according  to  the  number 
of  inhabitants  in  them  respectively ;  provided,  that  each 
county  shall  be  entitled  to  at  least  one  Representative. 

SECTION  FOUR. 

Was  read  at  length  as  follows  and  adopted : 
Sec,  4.  It  shall  be  the  duty  of  the  General  Assembly 
at  its  first  session  after  the  taking  of  the  decennial  cen- 
sus of  the  United  States  in  the  year  1910,  and  after  each 
subsequent  decennial  census,  to  fix  by  law  the  number 
of  Senators,  and  to  divide  the  State  into  as  many  Sena- 
torial districts  as  there  are  Senators,  which  districts 
shall  be  as  nearly  equal  to  each  other  in  the  number  of 


Constitutional  Convention.  1237 

inhabitants  as  may  be,  and  each  shall  be  entitled  to  one 
Senator,  and  no  more ;  and  which  districts,  when  formed, 
shall  not  be  changed  until  the  next  apportioning  ses- 
sion of  the  General  Assembly  after  the  next  decennial 
census  of  the  United  States  shall  have  been  taken ;  pro- 
vided, that  counties  created  after  the  next  preceding: 
apportioning  session  of  the  General  Assembly  may  be 
attached  to  Senatorial  districts.  No  county  shall  be 
divided  between  two  districts,  and  no  district  shall  be 
made  of  two  or  more  counties  not  contiguous  to  each 
other. 

section  five. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  5.  Should  the  decennial  census  of  the  United 
States,  from  any  cause,  not  be  taken,  or  if  when  taken, 
the  same,  as  to  this  State,  is  not  fully  satisfactory,  the 
General  Assembly  shall  have  power  at  its  first  session 
after  the  time  shall  have  elapsed  for  the  taking  of  said 
census,  to  provide  for  an  enumeration  of  all  the  inhabi- 
tants of  this  State,  and  once  in  each  ten  years  there- 
after, upon  which  it  shall  be  the  duty  of  the  General 
Assembly  to  make  the  apportionment  of  Representatives 
and  Senators,  as  provided  for  in  this  article. 

section  six. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  6.  Until  the  General  Assembly  shall  make  an 
apportionment  of  Representatives  among  the  several 
counties,  at  its  first  session  after  the  taking  of  the  de- 
cennial census  of  the  United  States  in  the  year  nine- 
teen hundred  and  ten,  as  herein  provided,  the  counties  of 
Autauga,  Baldwin,  Bibb,  Blount,  Cherokee,  Chilton, 
Choctaw,  Clay,  Cleburne,  Coffee,  Colbert,  Conecuh, 
Coosa,  Covington,  Crenshaw,  Cullman,  Dale,  DeKalb, 
Escambia,  Fayette,  Franklin,  Geneva,  Greene,  La- 
mar, Lawrence,  Limestone,  Macon,  Marion,  Marshall, 
Monroe,  Pickens,  Randolph,  St.  Clair,  Shelby,  Wash- 
ington, and  Winston  shall  each  have  one  Representa- 

4 


1238  Journal  of  Alabama 

tive;  the  counties  of  Barbour,  Bullock,  Butler,  Cal- 
houn, Chambers,  Clarke,  Elmore,  Etowah,  Hale,  Henry, 
Jackson,  Lauderdale,  Lee,  Lowndes,  Madison,  Marengo, 
Morgan,  Perrv,  Pike,  Russell,  Sumter,  Talladega,  Tala- 
poosa,  Tuscaloosa,  Walker  and  Wilcox  shall  each  have 
two  Representatives;  the  counties  of  Dallas  and  Mobile 
shall  each  have  three  Representatives;  the  county  of 
Montgomery  shall  have  four  Rei^resentatives;  and  the 
county  of  Jefferson  shall  have  seven  Representatives. 

SECTION  SEVEN. 

Was  read  at  length  as  follows : 

Sec.  7.  Until  the  General  Assembly  shall  divide  the 
State  into  Senatorial  districts,  as  herein  provided,  the 
Senatorial  districts  shall  be  as  follows: 

First  district,  Lauderdale  and  Limestone;  Second 
district,  Lawrence  and  Morgan;  Third  district,  Blount, 
Cullman  and  Winston;  Fourth  district,  Madison;  Fifth 
district,  Jackson  and  Marshall ;  Sixth  district,  Etowah 
and  St.  Clair;  Seventh  district,  Calhoun;  Eighth  dis- 
'trict,  Talladega ;  Ninth  district,  Chambers  and  Ran- 
dolph; Tenth  district,  Tallaixtosa  and  Elmore;  Eleventh 
-district,  Tuscaloosa;  Twelfth  district,  Fa^'ette,  Lamar 
sind  Walker;  Thirteenth  district,  Jefferson;  Fourteenth 
district,  Pickens  and  Sumter;  Fifteenth  District,  Au- 
tauga, Chilton  and  Shelby;  Sixteenth  district,  Lowndes; 
Seventeenth  distrct,  Butler,  Conecuh  and  Cpvington; 
Eighteenth  district,  Bibb  and  Perry;  Nineteenth  dis- 
trict, Choctaw,  Clarke  and  Washington ;  Twentieth  dis- 
trict, Marengo ;  Twenty-first  district,  Baldwin,  Escam- 
bia and  Monroe;  Twenty-second  district,  Wilcox;  Twen- 
ty-third district,  Henry;  Twenty-fourth  district,  Bar- 
bour; Twenty-fifth  district.  Coffee,  Crenshaw  and  Pike; 
Twenty-sixth  district,  Bullock  and  ^lacon;  Twenty- 
seventh  district,  Lee  and  Rus'sell ;  Twenty-eighth  dis- 
trict, Montgomery;  Twenty-ninth  district,  Cherokee 
and  DeKali);  Thirtieth  district,  Dallas;  Thirty-first 
district,  Colbert,  Franklin  and  ^Lirion ;  Thirty-second 
district,  Greene  and  Hale;  Thirty-third  district.  Mobile; 
Thirty-fourth  district,  Cleburne,  Clay  and  Coosa:  Thir- 
ty-flftli  district,  lUile  and  Geneva. 


Constitutional  Convention.  1239 

Mr.  Jeukiiis  off'cn-ed  the  following  amendnient  to  Sec- 
tion 7,  wliicli  was  adopted : 

Anieiid  Section  7,  in  line  twelve,  by  striking  out  the 
word  "Henry"  and  insei-ting  in  lien  thereof  the  words 
"Dale  and  (Jeneva";  also  amend  line  eighteen  by  strik- 
ing ont  tlie  words  "Dale  and  (xeneva"  in  inserting  in 
2)la('e  thereof  the  A\'ord  ''Henry." 

Ob  motion  of  Mr.  Pitts,  Section  7,  as  amended,  was 
adoptc^d. 

On  motion  of  31r.  Pitts  the  Article  on  Kepresentation 
was  ordered  engrossed  for  a  third  reading  and  adopt- 
tion. 

eeconsideeation. 

INlr.  Samford  moved  to  reconsi'der  the  vote  by  which 
the  Article  on  Kepresentaticni  was  ordered  to  a  third 
reading. 

^li-.  Williams  of  .Marengo  moved  to  suspend  the  rules 
in  order  that  he  might  move  to  reccnisider  the  vote  by 
which  tile  Article  on  Tvepresentation  was  ordered  to  a 
third  reading. 

The  motion  jji-evailed. 

^Iv.  Williams  of  ^larengo  moved  to  lay  the  motion  on 
tlie  tabl(^  to  reconsider,  and  the  motion  })revailed. 

UEGII.AK    OEDEE. 

The  Convention  procecMled  to  the  consideration  of  the 
regular  order,  which  was  the  c(msideration  of  the  re- 
l)ort  of  the  Committee  on  Exemptions. 

On  motion  of  Mr.  Howze  the  report  was  considered 
>iection  by  section. 

SECTION  ONE. 

Was  read  at  length  as  follows,  and  adopted : 

Section  1.     The  personal  property  of  any  resident  of 

this  State  to  the  value  of  |1,000,  to  be  selected  by  such 

resident,  shall  be  exempted  from  sale  on  execution,  or 

other  process  of  any  court,  issued  for  the  collection  of 


1240  Journal  of  Alabama 

any  debt  contracted  since  the  thirteenth  day  of  July^ 
1868,  or  after  the  ratification  of  this  Constitution. 

SECTION  TWO. 

Was  read  at  length  as  follows : 

Sec.  2.  Every  homestead,  not  exceeding  80  acres,  and 
the  dwelling  and  appurtenances  thereon,  to  be  selected 
by  the  owner  thereof,  and  not  in  any  city,  town  or  vil- 
lage, or  in  lieu  thereof,  at  the  option  of  the  owner,  any 
lot  in  a  city,  town  or  village,  with  the  dwelling  and  ap- 
purtenances thereon  owned  and  occupied  b}-  any  resi- 
dent of  this  State,  and  not  exceeding  the  value  of  |2,000, 
shall  be  exempt  from  sale  on  execution  or  any  other  pro- 
cess from  a  court,  for  any  debt  contracted  since  the 
thirteenth  day  of  July,  1868,  or  after  the  ratification  of 
this  Constitution.  SUch  exemption,  however^  shall  not 
extend  to  any  mortgage  lawfully  obtained,  but  such 
•mortgage,  or  other  alienation  of  said  homestead  by  the 
owner  thereof,  if  a  married  man,  shall  not  be  valid  with- 
out the  voluntary  signature  and  assent  of  the  wife  to 
the  same. 

Mr.  Watts  offered  the  followii>^-  amendment  to  Sec- 
tion 2 : 

Add  to  Section  2  of  the  report  of  the  Committee  on 
Exemptions  the  following: 

Prowled,  That  the  Legislature  shall  provide  for  the 
disposition  of  the  homestead  in  the  event  of  the  in- 
sanity of  the  wife  or  husband. 

On  motion  of  Mr.  Howze  the  amendment  of  Mr. 
Watts  was  laid  upon  the  table. 

Mr.  :Murp]iree  offered  the  following  amendment  to 
Section  2 : 

Strike  out  SO  acres  and  insert  ''shall  be  160  acres, 
and  no  more." 

On  motion  of  Mr.  Howze  the  amendment  of  Mr.  iMur- 
phree  was  laid  upon  the  table. 

Section  2  was,  on  motion  of  Mr.  Howze,  adopted. 


Constitutional  Convention.  1241 

section  three. 

Was  read  at  length  as  f ollowsy  and  adopted : 
Sec.  3.  The  homestead  of  a  family,  after  the  death  of 
the  owner  thereof,  shall  be  exempt  from  the  payment 
of  any  debt  contracted  since  the  thirteenth  day  of  July, 
1868,  or  after  the  ratification  of  this  Constitution,  in 
all  cases,  during  the  minority  of  the  children. 

SECTION  FOUR. 

Was  read  at  length  as  follows  and  adopted : 
Sec.  4.  The  provisions  of  Sections  1  and  2  of  this- 
article  shall  not  be  so  construed  as  to  prevent  a  labor- 
ers' lien  for  work  done  and  performed  for  the  person, 
claiming  such  exemption,  or  a  mechanic's  lien  for  work 
done  on  the  premises. 

SECTION  FIVE. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  5.  If  the  owner  of  a  homestead  die,  leaving  a 
widow,  but  no  children,   such  homestead  shall  be  ex- 
eonpt,  and  the  rents  and  profits  thereof  shall  inure  to 
her  benefit. 

SECTION   SIX. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  6.  The  real  or  personal  property  of  any  female 
in  this  State,  acquired  before  marriage,  and  all  prop- 
erty, real  or  peft'sonal,  to  which  she  may  afterwards  be 
entitled  by  gift,  grant,  inheritance  or  devise,  shall  be 
and  remain  the  separate  estate  and  property  of  such 
female,  and  shall  not  be  liable  for  any  debts,  obligations 
and  engagements  of  her  husband,  and  may  be  devised 
or  bequeathed  by  her,  the  same  as  if  she  was  a  feme 
sole. 


12i2  JuuuxAL  OF  Alabama 

SECTION  SEVEN. 

Was  read  at  length  as  follows: 

Sec.  7.  The  right  of  exemption  liereinbefore  secured, 
may  be  waived  by  an  instrument  in  writing,  and  when 
such  waiver  relates  to  realty,  the  instrument  must  be 
signed  by  both  the  husband  and  the  wife,  and  attested 
by  one  witness. 

Mr.  Mulkey  moved  to  strike  out  Section  7. 

On  motion  of  Mr.  Howze  the  motion  of  Mr.  Mulkey 
was  laid  upon  the  table. 

Mr.  Sanford  offered  the  following  substitute  for  Sec- 
tion 7 : 

The  right  of  exemption  hereinbefore  secured  shall 
not  be  waived  or  the  real  estate  exempted,  be  mort- 
gaged ;  but  the  property  so  exempted  may  be  sold  by  the 
husband  and  wife  by  an  instrument  in  writing 

On  motion  of  Mr.  Long  of  AValker  the  substitute  of 
Mr.  Sanford  was  laid  upon  the  table. 

On  motion  (»f  Mi-.  Howze  Section  7  was  adopted. 

On  motion  of  .Mr.  Howze  the  Article  on  Exemptions 
Avas  ordered  engrossed  for  a  third  reading  and  adoption. 

ADJOURNMENT. 

On  motion  of  Mr.  Coleman  of  Oreene  the  Convention 
adjourned,  under  the  resolution  heretofore  adopted, 
until  Mondav  morning  at  12  o'clock  m. 


SIXTY-NINTH  DAY. 
Convention  Hall, 

Montgomery,  Ala.,  :Monday,  August  12,  1901. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  call. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Constitutional  Convention. 


1243 


-Messrs.  President, 

Almon, 

Altman, 

Ash  craft, 

Banks, 

Barefield, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burns, 

Bjars, 
'Cardou, 

Carmichae]  (Coffee), 

Chapman, 

Cobb, 
'Cofer, 

Coleman  (Greene), 
Cunningham, 
Davis  (DeKalb), 
Davis  (Etowah), 
Dent, 

deGraffenried, 
Duke, 
Eley, 
Eyster, 
IE  spy, 
Ferguson, 
Fitts, 
Fletcher, 
Foshee, 
Foster, 
Freeman, 
Oil  more, 
Glover. 
<Graham  ( Montgomery ) , 


Graham  ( Talladega ) , 

Grayson, 

(Jrccr  (Perry), 

Halej^, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hood, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  ( Montgomery) , 

Jones  (Wilcox), 

Knight, 

J..omax, 

Long  (Buthn'), 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

Martin, 

Merrill, 

JMiller  (Marengo), 

Miller  (Wilcox), 

Moody, 

IMuIkey, 

Murphree, 

Norman, 

Norwood, 

Gates, 

O^Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer,* 

Parker  (Elmore), 


1244  Journal  of  Alabama 


Pettus, 

Spears, 

Phillips, 

Spragins, 

Pillans, 

Vaughan, 

Porter, 

Waddell, 

Keynolds  (Chilton), 

Walker, 

Reynolds  (Henry), 

AA^atts, 

Rogers  (Lowndes), 

'^Villiams  (Barbour), 

Samford, 

Williams  (Marengo), 

Sanford, 

Williams  (Elmore), 

Searcy, 

Wilson  (Washington),, 

Sloan, 

Winn— 102. 

Smith,  Mac.  A, 

LEAVES   OF    ABSENCE. 


Was  granted  to  Messrs.  Howze,  White,  Thompson, 
Whiteside,  Hodges,  Parker  of  Cnllman,  and  Aliller  of 
Wilcox  for  to-day;  Fletcher  for  to-day,  Tuesday  and 
Wednesday;  Sen  tell  and  Rogers  of  Sumter  indefinitely 

STENOGRAPHIC  REPORT. 

Messrs.  Sanford  and  Searcy  called  the  attention  of 
the  Convention  to  certain  errors  in  the  stenographic  re- 
port of  the  proceedings  of  yesterday. 

The  report  was  ordered  corrected. 

REPORT  OF  THE  COMMITTEE  ON  THE   .JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  sixty- 
eighth  day  of  the  Convention,  and  that  the  same  is  cor- 
rect. 

Respectfully  submitted, 

Massey  Wilson.  Choir  man.. 


Constitutional  Convention.  1245 

resolutions  on  first  reading. 

The  following"  rosolutious  were  iutrodiiced,  severally 
read  one  time  at  length  and  referred  to  appropriate 
committees  as  follows: 

Kesolution  293,  by  Mr.  Williams,  of  Elmore : 

In  order  that  the  records  of  this  Convention  may  be 
complete,  be  it 

Kesolved,  That  the  Secretary  of  this  Convention  be 
and  he  is  hereby  instructed  and  directed  to  furnii^h  to 
the  printers  of  the  daih^  stenographic  reports  a  copj- 
of  the  proceedings  of  the  tirst,  second  and  third  days 
of  this  Convention,  and  to  order  500  copies  thereof  to 
be  printed,  and  that  the  same  be  distributed  among 
the  members  of  this  Convention  as  are  the  stenographic 
report.  Said  copies  to  be  of  like  size  and  form  as  the 
said  report. 

The  resolution  was  referred  to  the  Committee  on 
llules. 

Resolution  294,  by  Mr.  Burns : 

Resolved,  That  when  this  Convention  adjourns  on 
Friday  next,  the  16th,  it  will  stand  adjourned  until  12 
o'clock  m.  on  Tuesday,  the  27tli  of  August. 

Resolved  further,  That  delegates  be  paid  during  such 
recess  5  cents  per  mile  going  to  and  returning  from 
their  homes,  and  no  per  diem. 

The  above  resolution,  291,  being  a  privileged  resolu- 
tion, was  placed  upon  its  immediate  adoption. 

The  resolution  was  lost. 

Resolution  295,  by  Mr,  Burns : 

Whereas,  Not  less  than  48,000  adult  males  who 
should  not  be  allowed  to  vote,  and  not  more  than  300 
who  should  be  allowed  to  vote,  be  barred  by  the  inser- 
tion of  one  word,  in  the  article  on  Suffrage  and  Elec- 
tions; and 

Whereas,  Provisions  could  be  made  whereby  the  dis- 
abilities of  all  those  competent  and  worthy  to  vote  and 
hold  office  could  be  removed ; 

Resolved,  That  the  Committee  on  Amendments  to  the 
Constitution  be  authorized  and  instructed  to  report  an 
'Ordinance  which  shall  include  '"bastards"  among  those 


124G  Journal  of  Alabama 

Avho  shall  not  W  (jiialitied  electors  in  this  State,  nnless. 
they  shall  have  been  relieved  by  the  (loveiuor,  or 
Boanl  or  some  eonrt  of  competent  jurisdiction. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

OUDIXANCES  ON  FIRST  READING. 

The  followin.ii  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referivd  to  api)roi)riate 
committees,  as  follows: 

Ordinance  44^^,  hy  Mv.  Jenkins: 

An  ordinance  to  provide  f<!r  the  el(M-tion  of  the  suc- 
cessors of  tlie  hold-over  Senators  whose  term  of  ofldce- 
exjiii-es  in  1904. 

Be  it  ordaine<l  l)y  the  people  of  Alabama  in  Conven- 
tion assembled  that  the  State  Senators  wh(;.s(^  terms 
of  office  expires  in  19(U,  shall  continue  to  hohl  ofiice 
until  the  general  election  for  State  (tfficers  in  lUOd,  or 
until  their  successors  are  elected;  jirovided,  if  a  spe- 
I'ial  session  of  the  Legislature  is  called  by  the  (iovernor 
between  August,  1904,  and  the  general  election  for 
State  otticeis  in  190(1,  it  sliall  be  tlie  duty  (tf  the  (lover- 
nor  when  he  issu.es  Ids  call  for  said  sp«M-i:jl  session  of 
the  Legislature  to  order  a  special  election  in  all  the 
odd  numbered  Senatorial  districts  except  tlie  Thirty- 
fifth,  and  ])ersons  elected  at  sai<l  s])ecial  election  shall 
(jualify  as  meudters  of  the  said  si)ecial  session  of  the 
Legislature.  The  term  of  oltice  of  the  ])ers()ns  so  elected 
as  successors  to  the  said  hold-ovei-  Senatoi-s,  now  iu- 
office,  and  whose  terms  ex])ire  in  1994,  sliall  be  from 
tile  date  of  tla^  said  sjiecial  election,  and  the  general 
election  for  State  officers  in  190(>. 

I*rovi(le<l  further,  That  the  Senator  for  the  Tliirty- 
fifth  Senatorial  district  shall  be  elected  in  1902  at  the 
general  election  for  State  offictus  and  shall  hold  ofHce 
for  four  years,  and  all  laws  governing  tlie  electi(Ui  of 
Senators  in  the  even  numbered  districts  shall  a])iily 
to   the   Thirty-fifth    Senatorial   district. 

The  ordinance  was  referrtMl  to  the  (%uiiuiitree  nu 
Legislative  1  )e])artment. 


COXSTITUTIONAL  CONVENTION.  1247 

Ordinance  441),  hy  ]Mr.  Browne  (with  31  petitions)  : 
Tie  it  ordained  by  the  peopk'  of  Alabama  in  Conven- 
tion assend)led,  That  so  ninch  of  an  ordinanee  to  pro- 
vide for  the  establishment  of  a  conrt  honse  and  jail  at 
some  point  to  be  determined  by  an  election  Ity  the  peo- 
ple in  that  portion  of  St.  Clair  which  lies  sonth  and 
southeast  of  Rack  Bone  Mountain,  and  whicli  is  em- 
braced in  ju-ecincts  nundiered  9,  10,  11,  12,  13,  14,  15,  KJ, 
IT,  11),  20  and  21,  in  said  county,  as  amended,  be 
amended  by  strikini:,  out  of  the  sam<'  all  that  ai)])lies  to 
the  county  of  Shelby. 

The  ordinance  was  referred  to  the  Committee  on 
Amendinj:,'  the  Constitution  and  Miscellaneous  Provis- 
ions. 

RECONSIDERATION. 

^fr.  deCratfenried  moved  to  reconsider  the  vote  by 
which  ordinance  390: 

An  ordinance  to  ])rovide  for  the  establishment  of  a 
court  house  and  jail  at  sonu'  point,  to  be  determined  by 
an  election  by  the  people,  in  that  portion  of  St.  Clair 
which  lies  south  and  southeast  of  Back  Bone  Moun- 
tain, and  which  is  endn'aced  in  precincts  numbered  9, 
10,  11,  12,  13,  14,  15,  1(),  IT,  19,  29  and  21  in  said 
county. 

^^'<ls  ordered  euiirossed  and  referred  to  the  Commit- 
tee on  Order,  Consistency  and  Harmony  of  the  Whoh^ 
Constitution,  and  moved  tliat  the  motion  to  r<n'onsider 
be  laid  upon  the  table  until  to-morrow  morning-  im- 
mediately after  the  approval  of  the  Journal. 

Mr.  Pillans  moved  to  amend  the  latter  part  of  the 
motion  of  Mr.  dedralfenried  by  makiuii'  it  a  .sjiecial 
Older  after  all  of  the  reports  of  the  committees  have 
been  finished. 

On  motion  of  ^Ir.  Browne,  the  latter  part  nf  the  mo- 
tion of  ^Ir.  derxratfenried,  touether  with  amendment 
of  Mr.  Pillans,  were  laid  upon  the  table. 

The  (juestion  recurred  upon  the  motion  of  .Air.  de- 
Graffenried  to  reconsider  the  v(»te  by  which  the  ordi- 
nance 390  was  ordered  engrossed  an(\  referred   to  the 


1248 


Journal  of  Alabama 


Committee    on    Order,    Consistency    and    Harmony    of 
i;lie  Wliole  Constitution. 

The  motion  to  reconsider  was  lost. 

RECESS. 

The  hour  of  1  o'clock  having  arrived,  under  the  rules 
the  Convention  recessed  until  3 :30  o'clock  this  after- 
noon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 
Almon, 
Altman, 
Ashcraft, 
Banks, 
Barefield, 
Beavers, 
Beddow, 
Bethune, 
Blackwell, 
Brooks, 
Browne, 
Burns, 
Byars, 
.  Cardon, 
Chapman, 
Cobb, 
Cofer, 

Coleman  (Greene), 
Cunningham, 


Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eyster, 

Espy, 

I'^rguson, 

Fitts, 

Foshee, 

Freeman, 

Gil  more. 

Glover, 

Graham  (Talladega), 

Grayson, 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 


Constitutional  Con vention. 


1249 


Heflin  (Randolph), 

Opp, 

Henderson, 

O'Rear, 

Hood, 

Palmer, 

Inge, 

Pettus, 

Jackson, 

Pi  Hans, 

Jenkins, 

Pitts, 

Jones  (Bil>b), 

Keynolds  (Henry), 

Jones  (Hale), 

Samford, 

Jones  ( Montgomery ) , 

Sanders, 

Jones  (Wilcox), 

SSanford, 

Knight, 

Searcy, 

Lomax, 

S^oan, 

Long  (Butler), 

Smith,  Mac.  A. 

Long  (Walker), 

Spears, 

Lowe  (Jefferson), 

Spragins, 

Lowe  (Lawrence), 

Vaughan, 

Malone, 

Waddell, 

Martin, 

Walker, 

Merrill, 

Watts, 

Miller  (Marengo), 

AVilliams  (Barbour), 

Moody, 

Williams  (Marengo) 

Miirphree, 

Williams  (Elmore), 

Norman, 

Wilson  (Clarke), 

Norwood, 

Wilson  (Washington) 

Oates, 

Winn— 9L 

O'Neal  (Lauderdale), 

report  of  committee  on  engrossment. 


Tlie  cljainiian  of    the    Committee    on    Engrossment 
sumbitted  the  following  report: 
Mr.  President : 

The  Committee  on  Engrossment  have  examined  and 
compared  the  following  articles,  to- wit :  Judiciary,  and 
'Taxation,  and  find  the  same  correctly  engrossed. 

Kespectfully  submitted, 

AVm.  H.  Samford,  Chair  in  an. 

79 


1250  Journal  OF  Alabama 

ARTICLES    ON    THIRD   READING. 

Mr.  Samford  moved  that  the  above  articles  be  ordered 
read  a  third  time  at  length  and  adopted. 

The  motion  prevailed  and  the  Article  on  Taxation 
was  taken  up,  read  a  third  time  at  length,  as  follows,, 
and  adopted:  Yeas,  85;  nays,  2. 

ARTICLE  XI. 

TAXATION. 

Section  1.  All  taxes  levied  on  property  in  this  State 
shall  be  assessed  in  exact  proportion  to  the  value  of 
such  propert}^,  but  no  tax  shall  be  assessed  upon  any, 
debt  for  rent  or  hire  of  real  or  personal  property,  while 
owned  by  the  landlord  or  hirer  during  the  current  year 
of  such  rental  or  hire,  and  wlien  such  real  or  personal 
property  is  assessed  at  its  full  value;  provided  how- 
ever, the  General  Assembly  may  levy  a  poll  tax,  not  to 
exceed  |1.50  on  each  poll,  which  shall  be  applied  ex- 
clusively in  aid  of  the  public  school  fund  in  the  county 
so  paying  the  same. 

Sec.  2.  No  i>ower  to  levy  taxes  shall  be  delegated  to 
individuals  or  private  corporations. 

Sec.  3.  After  the  ratification  of  this  Constitution,  no 
new  debt  shall  be  created  against,  or  incurred  by  this 
State,  or  its  authority,  except  to  repel  invasion  or  sup- 
press insurrection,  and  theii  only  by  a  concurrence  of 
two-thirds  of  the  members  of  each  House  of  the  General 
Assembly,  and  the  vote  shall  be  taken  by  yeas  and  nays 
and  entered  on  the  Journals;  and  any  act  creating  or 
incurring  any  new  debt  against  this  State,  except  as 
herein  provided  for,  shall  be  ab.>ohitely  void;  provided, 
the  (lovernor  may  be  authorized  to  negotiate  tempor- 
ary loans,  never  to  exceed  J)i;300,()00,  to  meet  the  defi- 
ciencies in  the  Treasury;  and  until  tlte  same  is  ]>aid 
no  new  loan  shall  be  negotiated;  provided  further,  that 
this  section  shall  not  be  so  construed  as  to  prevent  the- 
issuance  of  bonds  for  the  purpose  of  refunding  the 
State's  existing  indebtedness. 


Constitutional  Convention.  1251 

Sec.  4.  The  Greneral  Assembly  shall  not  have  the 
power  to  levy  in  any  one  year  a  greater  rate  of  taxation 
than  sixty-five  one-luindreilths  of  1  per  centum  on  the 
value  of  the  taxable  property  within  this  State. 

Sec,  5.  No  county  in  this  State  shall  be  authorized 
to  levy  a  larger  rate  of  taxation  in  any  one  year  on  the 
value  of  the  taxable  property  therein  than  one-half  of 
one  per  centum;  provided,  that  to  pay  debts  existing 
at  the  ratification  of  the  Constitution  of  1875  an  addi- 
tional rate  of  one-foui'th  of  one  per  centum  may  be 
levied  and  collected,  which  shall  be  exclusively  appro- 
priated to  the  payment  of  such  debts  or  the  interest 
thereon;  provided,  further,  that  to  pay  any  debt  or  lia- 
bility now  existing  against  any  county,  incuiTed  for  the 
erection,  construction  and  maintenance  of  the  necessary 
public  buildings  or  bridges,  or  that  may  hereafter  be 
created  for  the  erection  of  necessary  public 
buildings,  bridges  or  roads,  any  county  may  lev^' 
and  collect  such  special  taxes,  not  to  exceed  a  rate  of 
one- fourth  of  one  per  centum,  as  may  have  been  or  may 
hereafter  be  authorized  by  law,  which  taxes  so  levied 
and  collected  shall  be  applied  exclusively  to  the  purpose 
for  which  the  same  was  so  levied  and  collected. 

Sec.  G.  The  property  of  private  corjHjrations,  asso- 
ciations and  individuals  of  this  State  shall  forever  be 
taxed  at  the  same  rate;  provided,  this  section  shall  not 
apply  to  institutions  devoted  exclusively  to  religious, 
educational  or  chr.ritable  purposes. 

Sec.  7.  The  General  Assembly  shall  not  have  the 
power  to  require  the  counties  or  other  municipal  cor- 
porations to  pay  any  charges  which  are  now  payable 
out  of  the  State  Treasury. 

Sec.  8.  No  county  shall  become  indebted  in  an  amount 
greater  than  three  and  one-half  per  centum  of  the  tax- 
able value  of  the  property  thereof;  provided,  this  limi- 
tation shall  not  apply  to  any  existing  indebtedness,  in 
excess  of  such  three  and  one-half  per  centum,  which 
has  already  been  created  or  authorized  by  now  existing 
law  to  be  created. 

Sec.  9.  No  city,  town  or  other  municipal  corpora- 
tion  shall  become  indebted    in    an    amount,  including 


1252  Journal  of  Alabama 

present  indebtedness,  exceeding  5  per  centum  of  the  as- 
sessed value  of  the  property  thereof,  except  for  the  con- 
struction or  purchase  of  water  works,  gas,  or  electric 
light  plants,  and  sewerage,  or  for  the  improvement  of 
streets  for  which  purpose  an  additional  indebtedness, 
not  exceeding  3  per  cent,  may  be  created;  provided,  this 
limitation  shall  not  apply  to  any  debt  now  authorized 
by  law  to  be  created;  and  excepting  also  tem- 
porary loans  to  be  paid  within  one  year,  made 
in  anticipation  of  the  collection  of  taxes,  not  to  exceed 
one-fourth  of  the  general  revenues  of  such  cities  and 
towns;  provided,  however,  that  this  limitation  shall 
not  appl}^  to  towns  and  cities  having  a  population  of 
six  thousand  or  more,  or  to  the  city  of  Gradsden  and 
Ensley,  the  towns  of  Andalusia,  Decatur  aud  New  De- 
catur, which  last  described  cities  and  towns  shall  not 
become  indebted  in  an  amount,  including  present  indeb- 
tedness exceeding  7  per  centum  of  the  assessed  valuation 
of  the  property  thereof,  and  provided  further,  that  there 
shall  not  be  included  in  the  limitations  of  the  indebted- 
ness of  such  last  described  cities  and  towns  the  follow- 
ing classes  of  indebtedness,  to-wit:  Temporary  loans, 
to  be  paid  within  one  year,  made  in  anticipation  of 
the  collection  of  taxes,  and  not  to  exceed  one-fourth  of 
such  taxes;  bonds  or  other  obligations  already  issued 
or  which  may  hereafter  be  issued  for  the  purpose  of  ac- 
quiring, providing  or  constructing  school  houses,  Avater 
Avorks  and  sewers,  and  obligations  incurred  and  boud^ 
issued  for  street  or  sidewalk  improvement,  where  the 
cost  of  the  same,  in  whole  or  in  part,  is  to  be  assessed 
against  the  property  abutting  said  improvement;  pro- 
vided, that  the  proceeds  of  all  obligations  issued  as 
herein  provided  in  excess  of  said  7  per  centum  shall  not 
be  used  for  any  purpose  other  than  that  for  which  said 
obligations  were  issued.  N'othing  herein  contained 
shall  prevent  the  funding  or  refunding  of  existing  in- 
debtedness; provided,  this  section  shall  not  apply  to 
the  cities  of  Sheffield  and  Tuscumbia. 

Sec.  10.  The  Legislature  may  levy  a  tax  of  not  more 
than  two  and  one-half  per  eentum  on  every  |100  of 
the  value  of  all  estate,  real,  personal  and  mixed,  money, 


Constitutional  Convention. 


1253; 


public  and  private  secnrities  of  every  kind,  passing 
from  any  person  Avho  may  die,  siezed  and  possessed 
thereof,  being  in  this  State,  or  any  part  of  such  estate^ 
mone}^  or  securities,  or  interest  therein,  transferred  by 
the  intestate  hiws  of  this  State,  or  by  will,  deed,  grant, 
bargain,  sale  or  gift,  made  or  intended  to  take  effect  in 
possession  after  the  death  of  the  grantor,  devisor,  or 
donor,  to  any  person  or  persons,  bodies  politic  or  cor- 
l>orate,  in  trust  or  otherwise,  other  than  to  or  for  the 
use  of  the  father,  mother,  husband,  wife,  brothers,  sis- 
ters, children  or  lineal  descendants  of  the  grantor,  de- 
visor, donor  or  intestate. 


YEAS. 


Messrs.  President, 
Almon, 
Altman, 
Ashcraft, 
Banks, 
Barefleld, 
Beddow, 
Bethune, 
Blackwell, 
Brooks, 
Browne, 
Burns, 
Bya  rs, 
Cardon, 
Chapman, 
Cobb, 

Coleman  (Greene), 
Cunningham, 
Davis  (DeKalb), 
Davis,   (Etowah), 
Dent, 

deOraffenried, 
Duke, 
Eley, 
Eyster, 
Gilmore, 


Ci  lover, 

Graham  (Talladega), 

Graj'son, 

Greer  (Perry), 

Handley, 

FTnrrison, 

Heflin  (Randolph), 

Henderson, 

Rood, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (  ^fontgomery ) , 

Joups  (Wilcox), 

KnioJit, 

Lomax, 

Long  (Walker), 

r.owe  (Jefferson), 

Lowe  ( Lawrence ) , 

:\[acdonald, 

:\rartin, 

^raxwell, 

:\rerrill, 

AFiller    (]\rarengo), 

^  Foody, 


1254 


Journal  of  Alabama 


Mulkey, 

Murphree, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Elmore), 

Pettus, 

Phillips, 

Pillans, 

Porter, 

Reynolds  (Henrj), 

Ixogers  (Lowndes), 

Samford, 


Fosliee, 


Sanford, 

Searcy, 

Sloan, 

vSuiitl],  Mac.  A., 

Spears, 

Sprajiins, 

Va  US' ban, 

Waddell, 

^^'alker, 

Watts, 

Williams   ( Barbour ) , 

Williams  ( Marengo ) , 

Williams  (Elmore), 

Wilson  (Clarke) 

Wilson   (Washington), 

Winn — 85. 


NAYS. 


Freeman — 2. 


The  Article  on  JudiciaiT-  was  taken  up,  read  a  third 
time  at  length  as  follows,  and  adopted :  Yeas,  87 ;  nays, 
1. 

JUDICIAL   DEPARTMENT. 


Section  1.  The  judicial  powers  of  the  State  shall  be 
vested  in  the  Senate  sitting  as  a  court  of  impeachment, 
a  Supreme  Court,  Circuit  Courts,  Chancery  Courts, 
Courts  of  Probate,  such  courts  of  law  and  equity  infer- 
ior to  the  Supreme  Court,  and  to  consist  of  not  more 
than  five  members,  as  the  Legislature  from  time 
to  time  may  establish,  and  such  persons  as  may  be  by  law 
invested  with  powers  of  a  judicial  nature;  but  no  court 
lof  general  jurisdiction,  at  law  or  in  equity,  or  both, 
shall  hereafter  be  established  in  and  for  any  one  county 
haAdng  a  population  of  less  than  20,000,  or  property  as- 
sessed for  taxation  at  a  less  valuation  than  |3,500,000. 


COXSTITUTIOXAL  COXVEXTIOX.  1255 

Sec.  2.  Except  in  cases  otherwise  directed  in  this 
Constitution,  the  Supreme  Court  shall  have  appellate 
jurisdiction  only,  which  shall  be  coextensive  with  the 
State,  under  such  restrictions  and  regulations,  not  re- 
pugnant to  this  Constitution,  as  may  from  time  to  time 
be  prescribed  by  law,  except  where  jurisdiction  over  ap- 
peals is  vested  in  some  inferior  court,  and  made  final 
therein;  provided,  that  the  Supreme  Court  shall  have 
power  to  issue  writs  of  injunction,  habeas  corpus,  quo 
warranto,  and  such  other  remedial  and  original  writs  as 
may  be  necessary  to  give  it  a  general  superintendence 
and  control  of  inferior  jurisdictions. 

Sec.  3.  The  Supreme  Court  shall  be  held  at  the  seat 
of  government,  but  if  that  shall  become  dangerous  from 
any  cause,  it  may  adjourn  to  another  place. 

Sec.  4.  Except  as  otherwise  authorized  in  tliis  arti- 
cle, the  State  shall  be  divided  into  convenient  circuits. 
For  each  circuit  there  shall  be  chosen  a  judge,  who 
shall,  for  one  year  next  preceding  his  election  and  dur- 
ing his  continuance  in  office,  reside  in  the  circuit  for 
which  he  is  elected. 

Sec.  5.  The  Circuit  Court  shall  have  original  juris- 
diction in  all  umtters  civil  and  criminal  within  the 
State  not  otherwise  excepted  in  this  Constitution;  but 
in  civil  cases,  other  than  suits  for  libel,  slander,  assault 
and  battery,  and  ejectment,  it  shall  have  jurisdiction 
only  where  the  matter  or  sum  in  controversy  exceeds 
fifty  dollars. 

Sec.  6.  A  Circuit  Court,  or  a  court  having  the  juris- 
diction of  the  Circuit  Court,  shall  be  held  in  each  county 
in  the  State  at  least  twice  in  every  year,  and  judges  of 
the  several  courts  mentioned  in  this  section  may  hold 
court  for  each  other  when  they  deem  it  expedient,  and 
shall  do  so  when  directed  by  law.  The  judges  of  the  sev- 
eral courts  mentioned  in  this  section  shall  have  power  to 
issue  writs  of  injunction,  returnable  in  the  Courts  of 
Chancery,  or  courts  having  the  jurisdiction  of  Courts 
of  Chancery. 

Sec.  7.  The  Legislature  shall  have  power  to 
establish  a  Court  or  Courts  of  Chancery,  with  original 
and  appellate  jurisdiction,  except  as  otherwise  author- 


1256  Journal  of  Alabama 

ized  in  this  article.  The  State  shall  be  divided  by  the 
Legislature  into  convenient  Chancery  districts;, 
each  division  shall  be  divided  into  districts,  and  for  each 
division  there  shall  be  a  chancellor,  who  shall  have  re- 
sided for  one  year  next  preceding  his  election  or  ap- 
pointment, and  at  the  time  of  his  election  or  appoint- 
ment, and  during  his  continuance  in  oltice  in  tlie  divi- 
sion for  Avliich  he  shall  be  elected  or  appointed. 

Sec.  8.  A  Chancery  Court,  or  a  court  having  the  juris- 
diction of  the  Chancery  Court,  shall  be  held  in  ea:h  dis- 
triet,  i\t  a  place  to  be  fixed  by  law,  at  least  twice  in  each 
year,  and  the  chancellors  may  hold  court  for  each  other 
when  they  deem  it  necessary. 

Sec.  9.  Any  count}'  having  a  population  exceeding 
20,000,  according  to  the  next  preceding  Federal  census,, 
and  also  taxable  property  exceeding  |3, 500,000  in  value^ 
according  to  the  next  preceding  assessment  of  property 
for  State  and  county  taxation,  need  not  be  included  in 
any  circuit  or  chancery  division;  but  if  the  value  of  its 
taxable  property  shall  be  reduced  below  that  limit,  or 
if  its  population  shall  be  reduced  below  that  number, 
the  Legislature  shall  include  such  county  in  a 
circuit  and  chancer}-  division  or  either,  embracing  more 
than  one  county. 

No  circuit  or  chancery  division  shall  contain  less  than 
three  counties,  unless  there  be  embraced  therein  a  county 
having  a  population  exceeding  20,000,  and  taxable  prop- 
erty exceeding  |3,500,000.  Tlie  Legislature  may 
confer  upon  the  Circuit  Court  or  tlie  Chancery  Court 
the  jurisdiction  of  both  of  said  courts.  In  counties  hav- 
ing two  or  more  courts  of  record,  the  Legislature 
may  provide  for  the  consolidation  of  all  or  any  of  such 
courts  of  record,  except  the  Probate  Court,  Avith  or 
without  separate  divisions,  and  an  appropriate  number 
of  Judges  for  the  transaction  of  the  business  of  such 
consolidated  court. 

Sec.  10.  The  Legislature  shall  have  power  to 
establish  in  each  county  within  the  State  a  court  of  Pro- 
bate, with  general  jurisdiction  to  grant  letters  testa- 
mentary and  of  administration,  and  of  orphans'  busi- 
ness; provided,  that  whenever  any  court  having  equity 


Constitutional  Convention.  1257 

powers  has  taken  jurisdiction  of  the  settlement  of  any 
estate,  it  shall  have  power  to  do  all  things  necessary  for 
the  settlemeiit  of  such  estate,  including  the  appointment 
and  removal  of  administrators,  executors,  guardians  and 
trustees,  and  including  action  upon  the  resignation  of 
either  of  them. 

Sec.  11.  The  Justices  of  the  Supreme  Court,  Chancel- 
lors, and  the  Judges  of  the  Circuit  Courts,  and  other 
courts  of  record,  except  Probate  Courts,  shall,  at  stated 
times,  receive  for  their  services  a  compensation  which 
shall  not  be  diminished  during  their  official  term;  they 
shall  receive  no  fees  or  perquisites,  nor  hold  any  office 
(except  judicial  offices)  of  profit  or  trust  under  this 
State  or  the  United  States,  or  any  other  power,  during 
the  term  for  which  they  have  been  elected. 

Sec.  12.  The  Supreme  Court  shall  consist  of  one 
Chief  Justice  and  such  number  of  Associate  Justices  as- 
may  be  prescribed  by  law. 

Sec.  13.  The  Chief  Justice  and  Associate  Justices  of 
the  Supreme  Court,  Judges  of  the  Circuit  Courts,  Pro- 
bate Courts,  and  Chancellors,  shall  be  elected  by  the 
qualified  electors  of  the  State,  circuits,  counties  and 
chancery  divisions,  for  which  such  courts  may  be  estab- 
lished, at  such  times  as  may  be  prescribed  by  law,  except 
as  herein  otherwise  provided. 

Sec.  11.  The  Judges  of  such  inferior  courts  of  law 
and  equity  as  may  be  by  law  established,  shall  be  elected 
or  appointed  in  such  mode  as  the  Legislature  may  pre- 
scribe. 

Sec.  15.  Chancellors  and  Judges  of  all  courts  of  rec- 
ord, shall  have  been  citizens  of  the  United  States  and 
of  this  State  for  five  years  next  preceding  their  election 
or  appointment,  and  shall  be  not  less  than  25  years  of 
age;  and,  except  Judges  of  Probate  Courts,  shall  be 
learned  in  the  law. 

Sec.  16.  Except  as  otherwise  provided  in  this  article, 
the  Chief  Justice  and  Associate  Justices  of  the 
Supreme  Court,  Circuit  Judges,  Chancellors,  and 
Judges  of  Probate,  shall  hold  office  for  the  term 
of  six  years,  and  until  their  successors  are 
elected    or    appointed,    and    qualified;   and   the  right 


1258  Journal  of  Alabama 

of  such  Judges  and  Chancellors  to  hold  their  offices  for 
the  full  term  hereby  prescribed  shall  not  be  attected  by 
any  change  hereafter  made  by  law  in  any  circuit,  divi- 
sion or  county,  in  the  mode  or  time  of  election. 

Sec.  17.  The  Chief  Justice  and  Associate  Justices  of 
the  Supreme  Court  shall  be  chosen  at  an  election  held 
at  the  time  and  place  fixed  by  law  for  the  election  of 
members  of  the  House  of  Representatives  of  the  Con- 
gress of  the  United  States,  until  the  Legislature 
shall,  by  law,  change  the  time  of  holding  such  election. 
The  term  of  office  of  the  Chief  Justice,  who  shall  be 
elected  in  the  year  1904,  shall  be  as  provided  in  the  last 
preceding  section.  The  successors  of  two  of  the  Asso- 
ciate Justices  elected  in  1901  shall  be  elected  in  the 
year  190G,  and  the  successors  of  the  other  two  Associate 
Justices  elected  in  1904  shall  be  elected  in  the  3'ear  1908. 
The  Associate  Justices  of  said  court  elected  in  the  year 
1904  shall  draw  or  cast  lots  among  themselves  to  deter- 
mine which  of  them  shall  hold  office  for  the  terms  end- 
ing, respectively,  in  the  years  1906  and  1908,  and  until 
their  respective  successors  are  elected  or  appointed  and 
qualified.  The  result  of  such  determination  shall  be 
certified  to  the  Grovernor,  by  such  Associate  Justices, 
or  a  majority  of  them,  prior  to  the  first  day  of  January, 
1905,  and  such  certificate  shall  be  entered  upon  the  min- 
utes of  the  court.  In  the  event  of  the  failure  of  said  As- 
sociate Justices  to  make  and  certify  such  determination, 
the  Governor  shall  designate  the  terms  for  which  they 
shall  respectively  hold  office,  as  above  provided,  and 
shall  issue  his  proclamation  accordingly.  In  the  event 
of  an  increase  or  reduction  by  law  of  the  number  of  As- 
sociate Justices  of  the  Supreme  Court,  the  Legislature 
shall,  as  nearly  as  may  be,  provide  for  the  elec- 
tion, each  second  year,  of  one-third  of  the  members  of 
said  court. 

Sec.  IS.  All  judicial  officers  within  their  respective 
jurisdictions  shall,  by  virtue  of  their  offices,  be  conser- 
vators of  the  peace. 

Sec.  19.  Vacancies  in  the  office  of  any  of  the  judges 
who  hold  office  by  election,  or  chancellors  of  this  State, 
shall  be  filled  by  appointment  by  the  Governor;  such 


Constitutional  Convention.  1259 

appointee  shall  hold  his  office  until  the  next  general 
election  held  at  least  six  months  after  the  vacancy  oc- 
curs, and  until  his  successor  is  elected  and  qualified; 
the  successor  chosen  at  such  election  shall  hold  office 
for  the  unexpired  term  and  until  his  successor  is  elected 
and  qualified. 

Sec.  20.  Whenever  any  new  circuit  or  chancery  divi- 
sion is  created  the  Judge  or  Chancellor  therefor  shall 
be  elected  at  the  next  election  for  Kepresentatives  to 
the  Legislature  for  a  term  to  expire  at  the  next 
general  election  for  Judges  and  Chancellors;  provided, 
that  if  said  new  circuit  or  chancery  division  is  created 
more  than  six  months  before  the  next  election  of  Rep- 
resentatives to  the  Legislature,  the  Governor  shall  ap- 
point some  one  as  Judge  or  Chancellor,  as  the  case 
may  be,  to  hold  the  office  until  such  election. 

Sec.  21.  If  in  any  case,  civil  or  criminal,  pending  in 
any  Circuit  Court,  Chancery  Court,  or  in  any  court 
having  the  jurisdiction  of  a  Circuit  or  Chancery  Court, 
or  either  of  them,  in  this  State,  the  presiding  Judge  or 
Chancellor  shall,  for  any  legal  cause,  be  incompetent 
to  try.  1  ear  or  render  judgment  in  such  case,  the  parties, 
or  their  attorneys  of  record,  if  it  be  a  civil  case,  or  the 
solicitor  or  prosecuting  officer,  and  the  defendant  or  de- 
fendants, if  it  be  a  criminal  case,  may  agree  upon  some 
disinterested  person,  practicing  in  the  court  and  learned 
in  the  law,  to  act  as  special  judge  or  chancellor  to  sit 
as  a  court,  and  to  hear,  decide  and  render  judgment  in 
the  same  manner  and  to  the  same  ei¥ect  as  a  Chancellor 
or  as  a  Judge  of  the  Circuit  Court,  or  of  a  court  having 
the  jurisdiction  of  a  Circuit  and  Chancery  Court,  or 
either,  sittina*  as  a  court  might  do  in  such  case.  If  the 
case  be  a  civil  one,  and  the  parties  or  their  attorneys  of 
record  do  not  agree;  or  if  it  be  a  criminal  one  and  the 
prosecuting  officer  and  the  defendant  or  defendants  do 
not  agree  upon  a  special  Judge  or  Chancellor,  or  if 
either  party  in  a  civil  cause  is  not  represented  in  court, 
the  Register  in  Chancery  or  the  clerk  of  such  Circuit 
or  other  court,  in  which  said  cause  is  pending,  shall  ap- 
point a  special  Judge  or  Chancellor,  who  shall  preside, 
try  and  render  judgment  as  in  this  section  provided. 


1260  Journal  of  Alabama 

The  Legislature  may  prescribe  other  methods  of  sup- 
plying special  Judges  in  such  cases. 

Sec,  22.  The  Legislature  shall  have  power  to 
provide  for  the  holding  of  Chancery  and  Circuit  Courts, 
and  for  the  holding  of  courts  having  the  jurisdiction  of 
Circuit  and  Chancery  Courts,  or  either  of  them,  when 
the  Chancellors  or  Judges  thereof  fail  to  attend  regular 
terms. 

Sec.  23.  No  Judge  of  any  court  of  record  in  this  State 
shall  practice  law  in  any  of  the  courts  of  this  State  or 
of  the  United  States. 

Sec.  24.  Registers  in  chancery  shall  be  appointed  by 
the  Chancellors  of  the  respective  divisions,  and  shall 
have  been  at  least  twelve  months  before  their  appoint- 
ment, and  shall  be  at  the  time  of  their  appointment  and 
during  their  continuance  in  office,  resident  citizens  of 
the  district  for  which  they  are  appointed.  They  shall 
hold  office  for  the  term  for  which  the  Chancellor  making 
such  appointment  was  elected  or  appointed.  Such  regis- 
ters shall  receive  as  compensation  for  their  ser- 
vices only  such  fees  and  commissions  as  may  be  spe- 
cifically prescribed  by  law,  which  fees  shall  be  uniform 
throughout  the  State. 

Sec.  25.  The  clerk  of  the  Supreme  Court  shall  be  ap- 
pointed by  the  Judges  thereof,  and  shall  hold  office  for 
the  term  of  six  ,years,  and  the  clerks  of  such  inferior 
courts  as  may  be  established  l)y  law  shall  be  selected 
in  such  manner  as  the  Legislatui-e  may  provide. 

Sec.  26.  Clerks  of  the  Circuit  Court  shall  be  elected 
by  the  qualified  electors  in  each  couut}^  for  the  term  of 
six  years,  and  ma}^,  when  appointed  by  the  Chancellor, 
also  fill  the  office  of  Register  in  Chancery.  Vacancies 
in  such  office  of  clerk  shall  be  filled  by  the  Governor  for 
the  unexpired  term. 

Sec.  27.  The  clerk  of  the  Supreme  Court  and  regis- 
ters in  Chancery  may  be  removed  by  the  Jus- 
tices of  the  Supreme  Court,  and  by  the  Chancellor  re- 
spectively, for  cause,  to  be  entered  at  length  upon  the 
minutes  of  the  court. 

Sec.  28.  A  Solicitor  in  each  county  shall  be  elected 
by  the  qualified  electors  therein  every  four  years,  whose- 


Constitutional  Convention.  1261 

salary  shall  be  fixed  by  bnv,  according  to  the  require- 
ments in  each  count}'.  The  office  of  Circuit  Solicitor 
shall  cease  at  the  termination  of  the  terms  of  the  pres- 
ent incumbents. 

Sec.  29.  In  each  precinct  not  lying  within,  or  partly 
within,  any  city  or  incori>orated  town  of  more  tlran  1,500 
inhabitants,  there  shall  be  elected,  by  the  qualified  elec- 
tors of  such  precinct  not  exceeding  two  Justices  of  the 
Peace  and  one  Constable.  AVhere  one  or  more  precincts 
lie  within,  or  partly  within,  a  city  or  incorporated  town 
having  more  than  1,500  inhaV)itants,  the  Legislature 
may  provide  by  law  for  the  election  (^f  not  more 
tlian  two  Justices  of  the  Peace  and  one  Constable,  for 
each  of  such  precincts,  or  an  inferior  court  for  such 
precinct  or  precincts,  in  lieu  of  all  Justices  of  the  Peace 
therein.  Justices  of  the  Peace,  and  the  inferior  courts 
herein  provided  for,  shall  have  jurisdiction  in  all  civil 
cases  where  the  amount  in  controversy  does  not  exceed 
flOO,  except  in  cases  of  libel,  slander,  assault  and  bat- 
tery, and  ejectment.  The  Legislature  may  pro- 
vide by  law  what  fees  may  be  charged  by  Justices  of  the 
Peace  and  Constables,  which  fees  shall  be  uniform 
throughout  the  State.  The  right  of  appeal  from  any 
judgment  of  a  Justice  of  the  Peace,  or  from  any  infer- 
ior court  authorized  by  this  section,  without  the  prepay- 
ment of  costs,  and  also  in  the  term  of  office  of  such  Jus- 
tices, and  of  the  Judges  of  such  inferior  courts,  and  of 
Notaries  Public,  shall  be  provided  for  by  law.  The  Gov- 
ernor may  appoint  Notaries  Public  without  the  powers 
of  a  Justice  of  the  Peace,  and  may,  except  where  other- 
wise provided  by  an  act  of  the  Legislature,  ap- 
point not  more  than  one  Notary  Public  with  all  of  the 
powers  and  jurisdiction  of  a  Justice  of  the  Peace  for 
each  precinct  in  which  the  election  of  Justices  of  the 
Peace  shall  be  authorized. 

Sec.  30.  The  Attorney  General  shall  be  elected  by  the 
qualified  electors  of  the  State  at  the  same  time  and 
places  of  election  of  members  of  the  Legislature, 
whose  term  of  office  shall  be  for  four  years  and  until 
liis  successor  is  elected  and  qualified.     He  shall  reside 


1262 


JOL'RXAL   OF    Ar.AHAMA 


at  the  seat  of  government,  shall  be  the  law  officer  of  the 
State,  and  shall  perform  such  duties  as  may  be  required 
of  him  by  law. 

Sec.  31.  The  style  of  all  process  shall  be  "The  State 
of  Alabama"  and  all  prosecutions  shall  be  carried  on  in 
the  name  and  by  the  authority  of  the  same,  and  shall 
conclude  "Ajjainst  the  peace  and  dignity  of  the  State." 

Sec.  32.  After  suit  has  heen  commenced  on  any  cause 
of  action  the  Legislature  shall  have  no  power  to  take 
away  such  cause  of  action,  or  to  destroy-  any  defense 
that  may  exist  to  any  suit  after  such  suit  has  been  com- 
menced. 

Sec.  33.  The  Legislature  shall  have  the  power  to 
abolish  any  court  (except  the  Supreme  Court  and  the 
Probate  Courts  I  Avhenever  its  jurisdiction  and  func- 
tions have  been  conferred  upon  some  other  court. 

Sec.  34.  Nothing  in  this  article  shall  be  so  construed 
as  to  effect  the  term  of  office  of  any  officer  now  in  office. 

YEAS. 


Messrs.  President, 

.\lmon, 

Altnian, 

Aslicraft, 

Banks, 

Barefield, 

Bartlett, 

I»eavers, 

Beddow, 

Betlnme, 

Black  well. 

Brooks, 

Browne, 

Burns, 

Cjirdon, 

'"liapman, 

Cobb, 

f'olciiian  (Greene), 

<^"'iinningham. 

Davis  (DeKalb), 


Davis,   (Etowah), 

Dent, 

i^f^l  vi-alfenricd, 

Duke, 

Eley, 

Eyster, 

Espv, 

iMttS, 

Foshee, 

i-'reeiuan, 

( rihi'ore, 

Clover, 

Craliam  ( Montgomery ) 

( !i-;iliaiM  (Talladega ), 

Crnvson. 

frreer  (Perry), 

FTnndley, 

ITarrison, 

Reflin  (Randolph),. 

ITcMiderson, 


Constitutional  Convention. 


1263 


Hood, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  ( 3lontgomerj ) , 

Jones  ( Wilcox ), 

Knight, 

Lomax. 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo). 

Moody, 

Mnlkey, 

Norman, 

Norwood, 

Gates, 

O'Neal  ( Lauderdale) , 

Opp, 


O'Rear, 

Palmer, 

Parker  (Elmore), 

Pettus, 

i'hillips, 

I'illans, 

I'ortei', 

Reynolds  (Henry), 

Kogers   (Lowndes), 

Samford, 

Searcy, 

Smith,  Mac.  A  , 

Spragins, 

Vaughan, 

\^^ad"dell, 

AValker, 

Watts, 

WMlliams  (Barbour), 

W\  1 1  i  a  m  s  (Ma  re  n  go ) , 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  ( "Washington ) , 

Winn— 87. 


Mr.  Bvars — 1. 


NAYS. 


reconsideration. 


Mr.  deGraffenried  gave  notice  that  on  to-morrow  he 
wonld  move  to  reconsider  the  vote  by  which  the  Article 
on  Judiciary  was  adopted. 

regular  order. 

The  Convention  proceeded  to  the  consideration  of 
the  regular  order,  which  was  the  report  of  the  Com- 
mittee on  Impeachments. 

Gn  motion  of  Mr.  Hood  the  report  was  considered 
section  bv  section. 


1264  Journal  of  Alabama 

section  one. 

Was  read  at  length  as  follows : 

Section  1.  The  Governor,  Lieutenant  Governor,  Sec- 
"•etary  of  State,  Auditor,  Treasurer,  Attorney  General, 
Superintendent  of  Education,  Commissioner  of  Agri- 
<'ulture  and  Industries,  and  Judges  of  the  Supreme 
Court  may  be  removed  from  office  for  willful  neglect  of 
duty  corruption  in  office,  incompetency,  or  intemper- 
ance in  the  use  of  intoxicating  liquors  or  narcotics  to 
such  an  extent,  in  view  of  the  dignity  of  the  office  and 
importance  of  its  duties,  as  unfits  the  officers  for  the 
discharge  of  such  duties,  oi-  for  any  offense  involving 
moral  turpitude  while  in  office,  or  committed  under 
■color  thereof  or  connected  therewith  by  the  Senate  sit- 
ting as  a  court  for  that  purpose,  under  oath  or  affirma- 
tion on  articles  or  charges  preferred  by  the  House  of 
Eepresentatives. 

The  following  minority  report  to  Section  1  was  read 
at  length  as  follows: 

Section  1.  The  Governor,  Lieutenant  Governor,  Sec- 
retary of  State,  Auditor,  Treasurer,  Attorney  General, 
Superintendent  of  Education,  Commissioner  of  Agri- 
■c-iilture  and  Industries,  and  Judges  of  the  Supreme 
Court  may  be  removed  from  office  for  willful  neglect  of 
duty,  corruption  in  office,  habitual  drunkenness,  in- 
competency, or  any  offense  involving  moral  turpiture 
while  in  office,  or  committed  under  color  thereof  or 
connected  therewith,  by  the  Senate,  sitting  as  a  court 
for  that  purpose,  under  oath  or  affirmation,  on  articles 
or  charges  preferred  by  the  House  of  Representatives. 

The  minority  report  was  lost. 

The  question  recurred  upon  the  adoption  of  Section 
1. 

Section  1  was,  on  motion  of  ]Mr.  Hood,  adopted. 

SECTION  TWO. 

Was  read  at  length  as  follows : 

Sec.  2.  The  Chancellors  Judges  of  the  Circuit  Court, 
Judges  of  the  I'robate  Court,  Sheriffs,  Solicitors  of  the 
Circuits  and  Judges  of  the  inferior  courts,  from  Avhich 


Constitutional  Convention. 


1265 


an  appeal  may  be  taken  directly  to  the  Supreme  Court, 
may  be  I'emoved  from  office  for  any  of  the  causes  speci- 
fied in  the  preceding-  section,  by  the  Supreme  Court, 
under  such  regulations  as  may  be  prescribed  by  law. 

The  following  minority  report  to  Section  2  was  read 
at  length  as  follows : 

Sec.  2.  The  Chancellors,  Judges  of  the  Circuit  Courts, 
Judges  of  the  Probate  Courts,  Solicitoi's,  and  Judges  of 
the  Inferior  Courts,  from  which  an  appeal  may  be  taken 
directly  to  the  Supreme  Court,  may  be  removed  from 
office  for  any  of  the  causes  specified  in  the  preceding 
section,  by  the  Supreme  Court,  under  such  regulations 
as  may  be  prescribed  by  law. 

Mr.  Hood  moved  to  table  the  minority  report. 

The  motion  prevailed:  Yeas,  47;  nays,  39. 


YEAS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Blackwell, 

Brooks, 

Byars, 

Cunningham, 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Espy, 

Ferguson, 

Fitts, 

Fosliee, 

Freeman, 

Graham  (Talladega), 

Greer  (Perry), 

Harrison, 

Henderson, 

Hood, 

80 


Jones  (Montgomery), 
Jones  (Wilcox), 
Lomax, 

Lowe  (Jefferson), 
Maxwell, 
Merrill, 

^filler   (Marengo), 
Mulkey, 
Murphree, 
Norman, 
Norwood^ 
Gates, 

O'Neal  (Lauderdale), 
Palmer, 
Phillips, 
Pillans, 
Searcy, 
Spears, 
Vaughan, 
Wnddell, 
Watts, 

AVilson  (Clarke), 
Winn — 47. 


1266 


Journal  of  Alabama 


NAY&.- 


Messrs.  Almon, 

Bethune, 

Browne, 

Burns, 

Oardon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Davis  (DeKalb), 

Eyster, 

Glover, 

Graham  (Montgomery), 

Grayson, 

Handley, 

Heflin  ^Randolph), 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Knisht, 


Long  (Walker), 

Lowe  ( Lawrence  )y 

Macdonald, 

Martin, 

Moody, 

Opp, 

O'Eear, 

Parker  (Elmore), 

Pettus, 

Ke^noids    (Henry), 

Rogers  (Lowndes), 

Samford, 

San  ford, 

Smith,  Mac.  A. 

Spragins, 

AA'alker, 

Williams  (Barbour), 

Williams  (Elmore), 

Wilson  ( Washington )  —39. 


PAIRS   ANNOUNCED. 


The  following  pairs  were  announced : 

Messrs.  Porter  and  Heflin  of  Chambers,  Sloan  and 
Williams  of  Marengo.  Messrs.  Sloan  and  Porter  would 
vote  aye;  and  Messrs.  Heflin  of  Chambers  and  Williams 
of  Marengo  would  vote  nay. 

Mr.  Barefield  offered  the  following  amendment  to 
Section  2 : 

Amend  Section  2  by  adding  at  end  thereof: 

Provided,  That  Sheriffs  shall  be  eligible  to  succeed 
themselves  in  the  office  of  Sheriff. 

^Iv.  Burns  offered  the  following  amendment  to  the 
amendment  otfered  by  Mr.  Barefield  : 

Amend  l)y  adding  after  tlie  word  Sheriff  the  Avords 
and  Probate  Judge. 

On  motion  of  ^Ir.  Barefield  the  amendment  offered 
by  ]\rr.  Burns  was  laid  upon  the  table. 


Constitutional  Convention. 


1267 


The  question  recurred  upon  the  a(h)ption  of  the  amend- 
ment offered  "bj  Mr.  Barefield. 

Mr.  Mulkey  moved  to  table  the  amendment  offered  by 
Mr.  Barefield. 

The  motion  was  lost:  Yeas,  30;  nays,  49. 


YEAS. 


Messrs.  Bethune, 

Blaekwell, 

Brooks, 

Browne, 

Byars, 

Chapman, 

Coleman  (Greene), 

Davis  (DeKalb), 

Dent, 

Espy, 

Fitts, 

F'oshee, 

Freeman, 

Glover,  ' 

Harrison, 

Henderson, 

Inge, 

Jackson, 


Jenkins, 

•Jones  (Bibb), 

Lowe  (pJefferson), 

Martin, 

^[errili, 

Mulke}^, 

.\rurphreo, 

Norman, 

Gates, 

Palmer, 

Phillips, 

Rej^nolds  (Henry), 

Sanford, 

Smith,  Mac.  A., 

Spears, 

Walkei', 

Watts, 

Williams  ( Barbour 


-36. 


nays. 


Messrs.  President, 

Almon, 

Altraan, 

Ash  craft, 

Banks, 

Barefield, 

Beddow, 

Burns, 

Cardon, 

Cobb, 

Cunningham, 

Davis  (Etowah), 


Duke, 

Eley, 

Eyster, 

Ferguson, 

Graham  (Montgomery), 

Gra ha m  ( Tall adega ) , 

Grayson, 

Greer  (Perry), 

Handley, 

Heflin  (Randolph), 

Hood, 

Jones  ( Montafomery ) ,, 


1'268  Journal  of  Alabama 

Jones  (Wilcox),  Pettiis, 

Knight,  Pillans, 

Lomax,  IJoSers   (liowndes), 

Long  (Walker),  Samford, 

Lowe  (LaAvrence),  S'^arcy, 

Macdoiiald,  Spragins, 

Maxwell.  Vaughan, 

Miller  (Marengo),  Waddell, 

Norwood,  Williams  (Elmore), 

O'Neal   (Lauderdale),  Wilson  (Clarke), 

Opp,  Wilson  (Washington), 

O'Hear,  Winn— 49. 

Parker  (Elmore), 

PAIRS   ANNOUNCED. 

The  following  pair  was  announced : 

Messrs.  Sloan  and  Williams  of  Marengo.  Mr.  Sloan 
would  vote  aye,  and  Mr.  Williams  of  Marengo  would 
vote  nay. 

The  (juestion  recurred  upon  the  adoption  of  the 
•  "lendment  offered  by  Mr.  Barefield. 

The  amendment  was  adopted. 

Mr.  Coleman  of  Greene  offered  the  following  aniend- 
•iiienl  to  Section  2 : 

Amend  Section  2  by  striking  out  the  words  '^of  the 
circuit"  in  the  second  line  of  the  minority  report. 

The  amendment  .was  adopted. 

Mr.  Coleman  of  Greene  offered  the  following  amend- 
ment to  Section  2,  which  was  adopted  by  unanimous 
consent : 

Amend  by  adding  at  the  end  of  the  amendment  as 
follows :  ''Provided,  That  Sheriffs  shall  not  hold  for 
more  than  two  successive  terms." 

Section  2  was,  on  motion  of  Mr.  Hood,  as  amended, 
adopted. 

SECTION  THREE. 

Was  read  at  length  as  follows : 

Sec.  3.  The  clerks  of  the  Circuit  or  courts  of  like 
jurisdiction,  of  Criminal  Courts,  Tax  Collectors,  Tax 


Constitutional  Convention.  12686 

Assessors  ( 'i-iint}^  Trefisnrers,  County  Superintendents 
of  Education,  County  Solicitors,  Coroners,  Justices  6f 
the  Peace,  Notaries  Public,  Constables,  and  all  other- 
r.iiinty  oi'ncers,  Mayors,  intendents  and  all  other  offi- 
cers of  incorporated  cities  and  towns  in  this  State  may 
be  removed  from  office  for  any  of  the  causes  specified  in 
Section  1  of  this  article,  by  the  Circuit  or  other  Courts 
of  like  jurisdiction,  or  Criminal  Court  of  the  county 
in  which  such  officers  hold  their  office,  under  such  regu- 
lations as  may  be  prescribed  by  law ;  provided,  that  the 
right  of  trial  by  jury  and  appeal  in  such  cases  be  se- 
cured. 

The  minority  report  to  Sections  3  and  4  was^  by 
unanimous  consent,  withdrawn. 

Mr.  Hood  offered  the  following  amendment  to  Sec- 
tion 3,  which  was  adopted : 

Amend  Section  3  of  the  report  of  the  majority  by 
striking  out  the  words  ''County  Solicitors''  in  the  thii'd 
line  of  the  section. 

On  motion  of  Mr.  Hood,  Section  3,  as  amended,  was 
adopted. 

section  four. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  4.  The  penalties  in  cases  arising  under  the  three 
preceding  sections  shall  not  extend  beyond  removal 
from  office,  and  disqualifications  from  holding  office, 
under  the  authority  of  this  State,  for  the  term  for 
which  he  was  elected  or  appointed ;  l)ut  the  accused 
shall  be  liable  to  indictment  and  punishment  as  pre- 
scribed by  law. 

On  motion  of  Mr.  Hood,  the  article  on  Impeachments 

was  ordered  engrossed  for  a  third  reading  and  adoption. 

The   Convention   proceeded  to  the   consideration   of 

ordinance  404,   which  was   favorably  reported  by  the 

Committee  on  Impeachments. 

The  ordinance  was  read  at  length  as  follows : 
Ordinance  404,  by  Mr.  Coleman,  of  Walker: 
Whereas,  Ample  provision  is  made  by  law  for  the 
impeachment  of  officers,  and 


1270 


Journal  of  Alabama 


Whereas,  It  is  contrary  to  the  policy  of  this  govern- 
ment that  any  part  of  the  powers  of  one  department 
should  be  exercised  by  an  officer  of  another  department, 
and 

Whereas,  It  is  contrary  to  the  spirit  of  our  institu- 
tions that  any  person  should  be  punished  before  trial ; 

Now,  therefore,  be  it  ordained  by  the  people  of  Ala- 
bama in  Convention  assembled,  that  the  following  part 
of  Section  28  of  Article  V  adopted  by  this  Convention 
'l)e  and  the  same  is  hereby  annulled,  to-wit:  "And  the 
(lovernor,  when  satisfied  after  hearing  the  Sheriff,  that 
he  should  be  impeached,  may  suspend  him  from  office 
until  the  impeachment  proceedings  are  decided." 

Mr.  Joues,  of  Montgomery,  moved  to  table  the  ordi- 
nance 404. 

The  motion  was  lost :  Yeas,  42 ;  nays,  43. 


YEAS. 


IMessrs.  President, 

Altman, 

Ashcraft, 

l^anks, 

Barefield, 

Beddow, 

Brooks, 

Byars, 

Cunningham, 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Espy, 

Ferguson, 

Pitts, 

Foshee, 

freeman, 

Jones  (Montgomery), 

Jones  (Wilcox), 

XCnight, 


Lomax, 

^laxwell, 

^liller  (Marengo), 

^furphree, 

Norman, 

Oates, 

O'Neal  (Lauderdale), 

Palmer, 

Parker  (Elmore), 

Phillips, 

Pillans, 

Porter, 

Beynolds  (Henry), 

Searcy, 

'^r>oars. 

Vaughan, 

Waddell, 

Williams  (Barbour), 

Williams  (Elmore), 

Wilson  (Clarke), 

Winn— 42. 


Constitutional  Convention. 


1271 


NAYS. 


Messrs.  Almon, 

Bethune, 

Blaekwell, 

Browne, 

Burns, 

Cardon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Davis  (DeKalb), 

Eyster, 

Glover, 

Graham  ( Montgomery ) , 

Grayson, 

Greer  (Perry), 

Handley, 

Harrison, 

Heflin  ( Randolph ) , 

Henderson, 

Hood, 

Inge, 

Jackson, 


Jenkins, 
Jones  (Bibb), 
Long  (Walker), 
Lowe  (Jefferson), 
Lowe  ( Lawrence ) , 
^Facdonald, 
Martin, 
:\rerrill, 
Moody, 
Norwood, 
Opp, 
O'Kear, 
Pettiis, 

Rogers  (Lowndes), 
Samford, 
Sanford, 
Smith,  Mac.  A., 
Spragins, 
Walker, 
Watts, 
Wilson  (Washington) — 43. 


The  question  recurred  upon  the  adoption  of  the  ordi- 
nance 404. 

The  ordinance  404  was  lost :  Yeas,  38 ;  nays,  45. 


YEAS. 


Messrs.  Almon, 

Bethune, 

Blaekwell, 

Browne, 

Burns, 

Cardon, 

Chapman, 

Cobb, 

Coleman  (Greene) 

Davis  (DeKalb), 


Evster, 

Glover, 

Graham  ( Montgomery) , 

Grayson, 

Greer  (Perry), 

Handley, 

Heflin  (Randolph), 

Hood, 

Inge, 

Jackson, 


1272 


Journal  of  Alabama 


Lowe  (Jefferson), 

Lo\ye  (Lawrence), 

Macdonald, 

Mailin, 

Merrill, 

Moodv, 

Norwood, 

Opp, 

O'Kear, 


Messrs.  President, 

Altman, 

Ashcraft, 

Barefield, 

Beddow, 

Brooks, 

Byars, 

Cunninojham, 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Espy, 

FerguriCE, 

Fitts, 

Foshee, 

Freeman, 

Graham  (Talladega), 

Harrison, 

Henderson, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 


Pettus, 

Samford, 

JSanford, 

^liuitii,  Mac.  A,, 

Spragins, 

Walker, 

Watts, 

Williams  (Barbour), 

Wilson  (Washington)— 38. 


NAYS. 


Lomax, 

Long  (Walker), 

■NLaxwell, 

Miller  ( Marengo ) ,. 

^lurphree, 

Norman, 

Oates, 

O'Neal   ( Lauderdale )y 

Palmer, 

Parker  (Elmore), 

Phillips, 

Pillans, 

Porter, 

TJeynolds   (Henry), 

l\ogers  ( LoAvndes ) , 

Searcy, 

Spears, 

Vaughan, 

Waddell, 

Williams  (Elmore), 

Wilson  (Clarke), 

Winn— 45. 


RECONSIDERATION. 

Mr,  Long,  of  Walker,  gave  notice  that  on  to-morrow 
he  would  move  to  reconsider  the  vote  by  which  ordi- 
nance 404  was  lost. 


Constitutional  Convention. 


127a 


adjournment. 


On  motion  of  Mr.  Jones,  of  Montgomery,  the  Conven- 
tion adjourned  until  9  o'clock  to-morrow  morning. 


SEVENTIETH  DAY. 
Convention  Hall. 
Montgomery,  Ala.,  Tuesday,  August  13,  1901 . 
The  Convention  met  pursuant  to  adjournment. 

ROLL    CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Almoii, 

Altman, 

Ashcraft, 

Barefield, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burns, 

Byaxs, 

Cardon, 

Carmichael  (Coffee), 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 


Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Evster, 

Espy, 

I'^erguson, 

Fitts, 

Foshee, 

Gilmore, 

Glover, 

Graham  ( ^fontgomery ) , 

'^-rnbnm  (Talladega). 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 


1274 


Journal  of  Alabama 


Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Ledbetter, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Oates, 


O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pet  tui<. 

Phillips, 

Pillans, 

Porter, 

Peesp, 

Reynolds  (Henry), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Sloan, 

Smith,  Mac.  A., 

Smith,  Morgan  M. 

Sollie, 

Spears, 

Spragins, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Williams  (Barbour), 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke). 

Winn— 104. 


LEAVE  OP  ABSENCE. 

Was  granted  to  Messrs.  deGratfenried  indefinitely; 
Beese  for  yesterday;  Sollie  for  Saturday  and  Mon- 
'day;  Pitts  for  to-day. 

REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
Tnitted  the  following  report,  which  was  concurred  in: 


COXSTITUTIONAL  CoXVExXTJON.  1275 

The  Committee  on  tlie  .lounial  beg  leave  to  report 
that  they  hav(^  examined  the  Journal  for  the 
sixty-ninth  day  of  the  Convention,  and  that  the  same  is 
correct. 

Ivesjieetfnlly  submitted, 

Massey  \^'Ir.sox,  Acting  Chairman. 

PlUVlEE(iE.S    OF    THE    FLOOR. 

On  motion  of  Mr.  Wilson  of  Clarke  the  privileges  of 
the  floor  was  extended  to  Hon.  R.  D.  Poole  of  Lowndes, 
member  of  the  House  of  Representatives. 

STEXOGRAPHIC    REPORT. 

Mr.  Barefleld  called  the  attention  of  the  Convention 
to  certain  errors  in  the  stenographic  report  of  the  pro- 
ceedings of  yesterday. 

The  report  was  ordered  corrected. 

QUESTIOX    OF    PERSOXAL    PRIVILEGE. 

•  Messrs.  Opp  and  Brooks  arose  to  questions  of  per- 
sonal privilege  and  proceeded  to  state  their  questions 
of  personal  privilege. 

Resolution  29(),  l>y  Mr.  Handley : 

Resolved,  That  if  in  the  future  a  quorum  be  not  pres- 
ent at  roll  call  all  members  absent  without  a  sufficient 
excuse,  to  be  determined  by  the  Chair,  shall  be  fined 
|5  each. 

Mr.  Handley  moved  tliat  the  rules  be  suspended  for 
the  purpose  of  putting  the  resolution  upon  its  imme- 
cliate  passage.  The  motion  w^as  lost,  and  the  resolution 
v.as  referred  to  the  Committee  on  Rules. 

RECONSIDERATIOX. 

Mr.  Ooleman  of  Greene  moved  to  reconsider  the  vote 
by  Avhich  the  Article  on  Judiciary  was  adopted  on  yes- 
terday. 

Mr.  Graham  of  Talladega  made  the  point  of  order 
that  under  rule  27,  a  motion  to  reconsider  was  out  of 


1276 


Journal  of  Alabama 


order,  in  that  a  motion  to  reconsider  tlie  vote  bv  whicli 
the  Article  on  Judiciary  Avas  ordered  engrossed  for  a 
third  reading  had  once  before  been  defeated. 

The  point  of  order  was  oYerruled. 

The  question  recurred  upon  the  motion  of  Mr.  Cole- 
man of  Greene. 

The  motion  to  reconsider  prevailed:  Yeas,  54;  nays, 

50. 


YEAS. 


Messrs.  President, 

Almon, 

Barefield, 

Beavers, 

Browne, 

Burns, 

Carmichael  (Coffee), 

Cobb, 

Coleman  (Greene), 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Glover, 

Graham  (Montgomery), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  ( Randoli.li), 

TTinson, 

Howze, 

Inge, 


Jackson, 
Jenkins, 

Jones  (IMontgomery),. 
Kirk, 
Kniglu, 
Locklin, 

Long  (Walker), 
Lowe  (Jefferson), 
Macdonald, 
Martin, 

O'Neal  (Lauderdale), 
O'Rear, 

Parker  (Cullman), 
Pillans, 
Proctor, 
Reese, 

Rogers  (Lowndes), 
Samford, 
San  ford, 
Searcy, 

Smith,  Morgan  M., 
Sollie, 
Waddell, 

Williams  (Marengo) 
Wilson  (Clarke), 
Wilson  (Washington),. 
Winn— 54. 


Constitutional  Convention. 


1277 


nays. 


Messrs.  Altman 

Aslicraft, 

Banks, 

Bartlett, 

Beddow, 

Betlmne, 

Blackwell, 

Boone, 

Brooks, 

Bjars, 

Cardon, 

Cofer, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 


Pitts, 

Foshec, 

Freeman, 

Gilmore, 

Graham  (Talladega), 

Henderson, 

Hood, 

Jones  (Bibb), 


Kirk, 

Lowe  (Lawrence), 

Mai  one, 

Maxw.-ll, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Palmer, 

Parker  (Elmore), 

Pettns. 

Phillips, 

Porter, 

Reynolds  (Chilton), 

Sanders, 

Sloan, 

Smith,  Mac.  A. 

Spears, 

Spragins, 

Walker, 

Watts— 50. 


PAIR  announced. 


The  following  pairs  were  announced : 

Messrs.  Carnathon  and  Chapman,  Jones  of  Wilcox 
and  iMcMillan  of  Baldwin,  Lomax  and  Pitts,  Norwood 
and  Sorrell,  Opp  and  Weakley,  Reynolds  of  Henry  and 
White,  Sentell  and  Thompson,  Vaughan  and  Hodges, 
Williams  of  Barbour  and  Bulger,  Williams  of  Elmore 
and  McMillan  of  Wilcox,  Weatherly  and  Gates. 

Messrs.  Carnathon,  Jones  of  Wilcox,  Lomax,  Nor- 
wood, Opp,  Reynolds  of  Henry,  Sentell,  Vaughan,  Wil- 
liams of  Barbour,  Williams  of  Elmore,  and  Weatherly 
Avould   vote  aye;  and   Messrs.   Chapman,   McMillan  of 


1278 


JoTRXAL  OF  Alabama 


Baldwin,  Pitts,  Sorrell,  Weakley,  White,  Thompson^ 
Hodges,  Bulger,  McMillan  of  Wilcox,  and  Gates  would 
vote  nay. 

Mr,  Samford  moved  that  the  Article  on  Judiciary  be 
recommitted  to  the  Committee  on  Judiciary. 

Mr.  Graham  of  Talladega  made  the  point  of  order 
that  the  article  could  not  be  recommitted  to  the  Com- 
mittee after  it  had  been  engrossed. 

The  point  of  order  was  sustained. 

Mr.  Heflin  of  Chambers  moved  that  the  further  con- 
sideration of  the  article  be  postponed  until  12  o'clock 
to-morrow  morning,  and  that  it  be  made  a  special  order 
for  that  time. 

yiv.  Samford  moved  to  amend  the  motion  of  Mr.  Hef- 
lin of  Chambers  by  making  the  consideration  of  the 
article  a  special  order  for  to-day  at  4  o'clock  p.  m. 

Mr.  Graham  of  Talladega  moved  to  table  the  motion 
of  Mr.  Hefliu. 

Tiie  motion  to  table  was  lost :  Yeas,  49 ;  nays,  51. 

YEAS. 


Messrs.  Altman, 

Ash  craft, 

Banks, 

Bartlett, 

Beddow, 

Black  well, 

Boone, 

Brooks, 

Byars, 

Cardon, 

Cofer, 

Cunningliam, 

Davis  (Y)eKalb), 

Davis  (Etowah), 

Dent, 

Esp?, 

Fitts, 

l''"oshee. 

Freeman,. 


( rrahaiu  ( Talladega ) . 

Hendersou, 

Flood. 

Jones  (Bibb), 

Ledbetter, 

Lowe  (Lawrence), 

Malone, 

Maxwell, 

]\[errill. 

Miller  (Marengo), 

>r!ller  (Wilcox), 

Moody, 

Murphree, 

XeSmith, 

Norman, 

Pahiier, 

Parker  (Elmore),. 

Pettus, 

IMiil]ii»s, 


Constitutional  Convention. 


1279' 


Pillans, 

Porter, 

Reynolds  (Chilton), 

Banders, 

Sloan, 

Smith,  Mac.  A., 


Spears, 

Sprajiins, 

Waddell, 

Walker, 

Watts, 

AVinn— 49. 


nays. 


Messrs.  President, 
Almon, 
Barefleld, 
Bethune, 
Browne, 
T'nrns, 

Carmiehael  (Coffee), 
Cobb, 

Coleman  (Greene), 
Duke, 
Elev, 
Ferguson, 
Glover, 

Graham  (MontgomerY), 
Grant, 
Grayson, 
(ireer  (Calhoun), 
Greer  (Perry), 
Haley, 
Handley, 
Harrison, 

Heflin  (Chambers). 
Heflin  (Randolph), 
Hinson, 
[lowze. 


Jackson, 

Jenkins, 

Jones  ( Montgomery ) , 

Kirk, 

Knight, 

Locklin, 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

Martin, 

O'Neal  (Lauderdale), 

O'Rear, 

Parker  (Cullman), 

Proctor, 

Reese, 

Rogers  (Lowndes), 

Simford, 

Sanford, 

Searcy, 

Smith,  ^Morgan  M., 

Sollie, 

Thompson, 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  (Washington) — 51. 


PAIRS  announced. 


The  following  pairs  were  announced : 

Messrs.  Carnathon  and  Chapman,  McMillan  of  Bald- 
win and  Jones  of  Wilcox,  Pitts  and  Lomax,  Sorrell  and 
Norwood,   Gates  and  Weatherly,  Weakley    and    Opp,. 


1280 


Journal  of  Alabama 


White  and  Reynolds  of  Henry,  Hodges  and  Vauglian, 
Bulger  and  Williams  of  Barbour,  McMillan  of  Wilcox 
and  Williams  of  Elmore,  Mulkey  and  Eyster. 

Messrs.  Carnathon,  McMillan  of  Baldwin,  Pitts,  Sor- 
rell,  Oates,  Weakley,  White,  Hodges,  Bulger,  McMil- 
lan of  Wilcox,  and  Mulkey  would  vote  aye;  and  Messrs. 
Chapman,  Jones  of  Wilcox,  Lomax,  Norwood,  Weath- 
erly,  Opp,  Reynolds  of  Henry,  Vaughan,  Williams  of 
Barbour,  Williams  of  Elmore,  and  Eyster  would  vote 
nay. 

The  amendment  of  Mr.  Samford  to  the  motion  of  Mr. 
Hefliu  of  Chambers  was  adopted. 

The  question  recurred  upon  the  motion  of  Mr.  Heflin 
■of  Chambers,  as  amended  by  the  amendment  of  ]Mr. 
Samford. 

The  motion,  as  amended,  was  adopted :  Yeas,  56 ; 
nays,  52. 

YEAS. 


Messrs.  President, 

Almon, 

Barefield, 

Beavers, 

Bethune, 

Browne, 

Burns, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Cobb, 

Colenmn  ( Greene ) , 

Duke, 

Eley, 

Eyster, 

Ferguson, 

GloA'er, 

G ra  h a  m  ( M ontgom ery ) , 

Grant, 

Grayson, 

(Jreer  (Calhoun), 

Greer  (Perry), 


Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  ( ^lontgomery ) , 

Kirk, 

Knight, 

Locklin, 

Long  (Walker), 

Lowe  (Jefferson), 

^Nlacdonald, 

Martin, 

O'Neal  (Lauderdale), 

O'Rear, 

Parker  (Cullman), 


'Constitutional  Convention. 


1281 


ProctoT, 

Rogers  (Lowndes), 

Samford, 

San  ford, 

Searcy, 

Beddow, 

Selheimer, 


Smith,  Morgan  M., 

Sollie, 

Thompson, 

Waddell, 

Williams  (Marengo). 

Wilson  (Clarke), 

Wilson  (Washington) — 56. 


NAYS. 


Messrs.  Altman, 

Ashcraft, 

Banks, 

Bartlett, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Byars, 

Cardon, 

Cofer, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Espy, 

Fitts, 

Foshee, 

I'reeman, 

Gilmore, 

Graham  (Talladega) 

Henderson, 

Hood, 

Jones  (Bibb), 

Ledbettei, 

Lowe  (Lawrence), 


Malone, 

Maxwell, 

Merrill, 

Miller  ( Marengo ) , 

Miller  (Wilc(»xj, 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

l*almer, 

Parker  ( Elmore ) , 

Pettus, 

Phillips, 

Pilhms, 

Porter, 

IfevDolds  (Chilton) 

Sfaiders, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Spears, 

Spragins, 

Walker, 

Watts, 

Winn— 52. 


PAIRS    announced. 

The  following  pairs  were  announced : 
Messrs.   Carnathon  and  Chapman,  Jones  of  Wilcox 
and  McMillan  of  Baldwin,  Lomax  and  Pitts,  Weatherly 

81 


1282  Journal  of  Alabama 

and  Gates,  Opp  and  Weakley,  Vaugiian  and  Hodges, 
Williams  of  Barbour  and  Bulger.  Messrs.  Carnathon, 
Jones  of  AAllcox,  Loniax,  Weatlierly,  Opp,  Vauolian, 
Williams  of  Barbour,  would  vote  aye;  and  Messrs. 
Chapman,  McMillan  of  Baldwin,  Pitts,  Gates,  Weak- 
ley, Hodges  and  Bulger  would  vote  nay. 

RECONSIDERATION. 

Mr.  Long  of  AValker  moved  to  reconsider  the  vote  by 
which  ordinance  404  was  lost  on  yesterday. 

Mr.  G'Neal  of  Lauderdale  moved  to  table  the  motion 
of  Mr.  Long  of  AYalker. 

The  motion  was  lost. 

Mr.  Jones  of  Montgomery  moved  to  reconsider  the 
A'ote  by  which  the  amendments  to  Section  2  of  the  Arti- 
cle on  Impeachments  was  adopted.  (In  regard  to 
Sheriffs  having  two  terms.) 

]Mr.  Knox  moved  that  the  motion  to  reconsider  be 
postponed  until  after  the  consideration  of  the  present 
mition.      (Gf  Mr.  Long  of  Walker.) 

The  motion  was  adopted. 

RECESS. 

Pending  tlie  further  consideration  of  the  motion  to 
reconsider  the  vote  by  which  ordinance  404  was  lost 
on  yesterday,  the  hour  of  1  o'clock  having  arrived, 
under  the  rules,  the  Convention  recessed  until  3:30  this 
afternoon, 

AFTERNGGN  SESSIGX. 

The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

Gn  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
(juorum : 


Constitutional  Convention. 


128a 


Messrs.  President, 

Almou, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burns, 

Byais, 

Cardon, 

Carmichael  (Colbert), 

Carmicliael  ( Coffee) , 

Chapman, 

Cobb, 

Coleman  (Greene), 

Cunningham, 

Davis  ( DeKalb ) , 

Davis  (Etowah), 

Dent, 

deOraffenried, 

Duke, 

Ele.v, 

Eyster, 

Espv, 

Fero-nson, 

Foshee, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 


Handlej^ 
Harrison, 

Heflin  (Chambers), 
Meflin  (Randolph), 
Ilendeif^on, 
Hinson, 
Hood, 
Howze, 
Inge, 
Jackson, 
Jenkins, 
Jones  (Bibb), 
Jones  (MontgomeryJ^ 
Jones  (Wilcox), 
Kirk, 
Knight, 
Ledbetter, 
Locklin, 
Lomax, 

Long  (Walker), 
Lowe  (Jefferson), 
Lowe  (Lawrence), 
Maedonald, 
Malone, 
Martin, 
Maxwell, 
Merrill, 

Miller  (Marengo), 
Miller  (Wilcox), 
Moody, 
Mulkey, 
Murphree, 
\>Smith, 
Norman, 
Norwood, 
Gates, 

O'Neal  (Lauderdale), 
Opp, 
O'Rear, 
Palmer, 
Parker  (Cullman), 


1284 


Journal  of  Alabama 


Parker  (Elmore), 

Pettus, 

Phillips, 

Pi  Hans, 

Porter, 

Prot't.or, 

Eeese, 

Eeynolds  (Chilton), 

Reynolds  (Henry), 

Eogers  ( Lowndes ) , 

Samford, 

Sanders, 

Sanford, 

S(-tircy, 

Selheimer, 

Sloan, 

Smith   (Mobile), 


Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sollie, 

Spears, 

Spragins, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Williams  (Barbour), 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson   ( Washing-ton ) , 

Winn— 116. 


The  question  recurred  upon  the  motion  of  Mr.  Long 
of  Walker  to  reconsider  the  vote  by  which  ordinance 
404  was  lost  on  yesterday. 

Under  the  motion  adopted  this  morning,  making  the 
motion  to  reconsider  the  Article  on  Judiciary  a  special 
order  at  4  o'clock  this  afternoon,  the  motion  of  Mr. 
Long  of  Walker  was  temporarily  postponed,  and  the 
Convention  proceeded  to  the  consideration  of  the  Arti- 
cle on  Judiciary. 

Mr.  Heflin  of  Chambers  moved  to  lay  the  Article  on 
Judiciary  on  the  table. 

The  motion  prevailed,  and  the  Article  was  laid  upon 
the  table. 

Yeas,  55;  nays,  54. 

YEAS. 


Messrs.  President, 

Almon, 

Barefield, 

Beavers, 

Browne, 

Burns, 


Carmichael  (Colbert), 
Carmichael  (Coffee), 
Coleman  (Greene), 
Coleman  (Walker), 
Duke, 
Eley, 


Constitutional.  Convention. 


1285 


Eyster, 

Fergrson, 

Glover, 

Graham  (Montgomery), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Montgomery), 

Kirk, 

Knio'ht, 

Loeklin, 


Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

Martin, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Parker  (Cullman), 

Proctor, 

Reese, 

Rogers  (Lowndes), 

Samford, 

Sanford, 

Searcy, 

Selheimer, 

Smith,  Morgan  M., 

Sollie, 

Waddell, 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  (Washington) — 55. 


NAYS. 


Messrs.  Altman, 

Ashcraft, 

Banks, 

Rnrtlett, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Byars, 

Cardon, 

Cofer, 

Cunningham, 

Davis  (DeKalh), 

Davis  (Etowah), 

Dent, 

Espy, 


Foshee, 

Foster, 

Freeman, 

Gil  more, 

Graham  (Talladega)> 

Henderson, 

Hood, 

Jones  (Bibb), 

Ledbf'tter, 

Lowe  (Lawrence), 

Mai  one, 

]\Tnxwell, 

Morrill. 

Miller  (Marengo), 

^rnipr-   (Wilcox), 

Moody, 
MulkeVr 


1286  Journal  of  Alabama 

Murphree,  Sanders, 

NeSmith,  Sloan, 

Norman,  Smith  (Mobile), 

Norwood,  Smith,  Mac.  A., 

Palmer,  Spears, 

Parker  (Elmore),  Spragins, 

Pettus,  Walker, 

Phillips,  NVatts, 

Pillans,  Williams  (Barbour), 

Porter,  AVinii — 54. 

Reynolds  (Chilton), 

PAIRS    ANNOUNCED. 

The  followinii  pairs  were  aiinonnced : 

Messrs.  Carnathon  and  Chapman,  Cobb  and  Leigh, 
deGraffenried  and  Fitts,  Jones  of  Wilcox  and  ]\[c^[il- 
lan  of  Baldwin,  Lomax  and  Pitts,  Weatherly  and  Gates, 
Sentell  and  Thompson,  Vanghau  and  Hodges,  Foster 
and  Weakley. 

Messrs.  Carnathan,  Cobb,  deGraffenried,  Jones  of 
Wilcox,  Lomax,  Weatherly,  Sentell,  Vaughan,  and  Fos- 
ter would  vote  aye;  and  Messrs.  Chapman,  Leigli,  Fitts, 
McMillan  of  Baldwin,  Pitts,  Gates,  Thompson,  Hodges, 
and  Weakley  would  vote  nay. 

RECONSIDERATION. 

Mr.  Wilson  of  Clarke  called  up  for  reconsideration 
the  vote  whereby  the  Article  on  Municipal  Corporations 
was  ordered  engrossed  for  a  third  reading  . 

Mr.  Wilson  of  Clarke  thereupon  moved  to  take  from 
the  table  his  motion  to  reconsider  the  vote  by  which 
Section  6  of  the  Article  on  Municipal  Corporations  was 
adopted,  and  moved  to  make  it  a  special  order  imme- 
diately after  the  disposition  of  his  motion  to  reconsider 
the  vote  whereby  the  article  was  ordered  engrossed  for 
a  third  reading. 

The  motion  to  make  the  motion  to  take  from  the  table 
a  special  order  was  b^st. 


Constitutional  Convention.  1287 

The  question  recurred  upon  the  motion  of  Mr.  Wil- 
son of  Chirke  to  take  from  the  table  the  motion  to  re- 
consider Section  G  of  the  Article  on  Municipal  Cor- 
porations. 

On  motion  of  Mr.  Pitts  the  motion  of  Mr.  AYilson  of 
Clarke  was  laid  upon  the  table. 

adjournment. 

On  motion  of  Mr.  Proctor  the  Convention  adjourned 
nntil  9  o'clock  to-morrow  morninu". 


SEVENTY-PIPvST   DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Wednesday,  August  14,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Mr.  Ashcraft  of  tlie  Conven- 
tion. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Boone, 

Almon,  Brooks, 

Altman,  Browne, 

Ashcraft,  Burns, 

Banks,  Cardon, 

Barefield,  (Jarmichael  (Colbert), 

Bartlett,  Carmichael  (Coffee), 

Beavers,  Chapman, 

Beddow.  Cobb, 

Blackwell,  Cofer, 


1288 


Journal  of  Alabama, 


Coleman  (Greene), 

Coleman  (Walker), 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hood, 

Howze, 

Inge, 

Jackson, 

Jones  (Bihb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Locklin, 

Lomax, 


Long  (Walker),. 

Lowe  (Jefferson), 

Lowe  (Lawrence),. 

Macdonald, 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

Ne  Smith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale),. 

Opp, 

Palmer, 

Parker  (Cullman), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Reynolds  ( Chilton )> 

Rogers  (Lowndes), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Smith  ( Mobile)  y 

Smith,  Mac.  A. 


Constitutional  Convention.  1289 

Smith,  Morgan  M.,  Watts, 

Sollie,  \\  eakley, 

Spears,  White, 

Spragins,  Williams  (Barbour),. 

Stewart,  Williams  (Marengo), 

Thompson,  Wilson  (Clarke) , 

Vaiighan,  Wilson  (Washington), 

Waddell,  Winn— 113. 

Walker, 

LEAVE  OF  ABSENCE. 

Was  granted  to  Messrs.  Reynolds  of  Henry  for  to- 
day and  to-morrow;  Hodges  for  yesterday,  to-day  and 
to-morrow. 

report  OF  the  committee  on  the  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the 
seventieth  day  of  the  Convention,  and  that  the  same  is 
correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

stenographic  report. 

Mr.  Long  of  Walker  called  the  attention  of  the  Con- 
vention to  certain  errors  in  the  stenographic  report  of 
the  proceedings  of  yesterday. 

question  of  personal  privilege. 

Messrs.  Long  of  Walker  and  O'Neal  of  Lauderdale 
arose  to  questions  of  personal  privilege,  and  proceeded 
to  state  their  question  of  personal  privilege. 
committee  ox  order,  consistency  and  harmony  of 

the  avhole  constitution 

Were  granted  leave  to  sit  during  the  session  of  to- 
day. 


1290  Journal  of  Alabama 

ordinances  on  first  reading. 

The  following-  ordinances  were  introdnced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Ordinance  450,  l>y  ~Slv.  Sanford : 

To  prohibit  a  municipality  or  other  political  division 
of  this  State  granting  a  franchise  that  mav  endure  for 
fifty  years  without  the  consent  of  the  people  expressed 
at  an  election  held  for  tl;at  purpose. 

The  (n-dinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  451,  by  ]\[r.  Ledbetter: 

To  provide  for  the  estal)lishment  of  a  court  house 
and  jail  at  some  point,  to  be  determined  by  an  election 
by  the  people,  in  that  portion  of  Talladega  county, 
Avithin  the  limits  of  precincts  numbered  9,  10,  11,  12, 
and  13,  in  said  county. 

The  ordinance  was  referred  to  the  Committee  on 
Amending  the  ("onstitution  and  Miscellaneous  Provis- 
ions. 

RESOLUTIONS  ON  FIRST  READING. 

The  following  resolution  was  introduced,  read  one 
time  at  length,  and  referred  to  the  appropriate  com- 
mittee as  follows : 

Resolution  270,  by  Mr.  Long,  of  Walker: 

Whereas,  There  is  a  difference  of  opinion  in  regard  to 
the  selection  or  election  of  Circuit  or  County  Solicit- 
ors, which  has  been  manifested  to  such  an  extent  by  this 
Convention  as  to  leave  questionable  all  ideas  of  com- 
promise on  the  subject,  and  to  leave  doubtful  the  en- 
tire Article  on  Judicary; 

Therefore,  Avith  the  view  of  harmony  and  in  the  in- 
terest of  the  public  good. 

Re  it  I'esolved  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  That  a  committee  consisting  of  the 
President  of  this  Convention  and  each  chairman  of  the 
several  different  committees  of  this  Convention,  be  and 
they  are  hereby  ai)]>ointe<l  a  special  committee  to  take 
under  advisement  the  Article  on  the  Judicial  Depart- 


Constitutional  Convention.  1291 

iiient  as  reported  by  the  committee,  and  report  some 
method  satisfaetory  for  the  election  of  Solicitors  by  the 
people  or  by  the  Legislature  or  by  appointment,  in 
whole  or  in  part,  that  will  be  satisfactory,  so  that  the 
said  article  on  Judicial  Department  may  be  taken  from 
the  table  and  passed  by  this  Convention. 

The  resolution  was  referred  to  the  Comniitfce  on 
Eules. 

REIUJKT    OF    COMMITTEE    OX     EXGIiO.S.SMExXT. 

Mr.  Samford,  chairman  of  the  Committee  on  En- 
grossment, reported  without  recommendation  resolu- 
tion 283,  which  was  read  at  length  as  follows : 

Be  it  resolved  that  the  Secretary  of  this  < Convention 
be  and  he  is  hereby  authorized  to  contract  with  some 
competent  person  for  the  enrollment  on  animal  parch- 
ment with  India  ink  the  Constitution  upon  its  adoption 
by  this  Convention. 

On  motion  of  Mr.  O'Neill  of  Jefferson  the  resolution 
was  laid  upon  the  table. 

REPORT    OF    committee    OX    JUDICIARY. 

Mr.  Smith,  of  Mobile,  chairman  of  the  Committee  on 
Judiciary,  rep(n'ted  ordinance  410,  with  a  substitute, 
as  follows : 

Ordinance  410,  by  Mr.  Reese: 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled : 

ARTICLE  — 

Sec.  —  In  all  prosecutions  for  rape,  adultery,  forni- 
cation, sodomy,  or  crime  against  nature,  the  court  may. 
In  its  discretion,  exclude  from  the  court  room  all  per- 
sons except  such  as  may  be  necessary  in  the  conduct  of 
the  trial. 

Substitute  by  Committee  on  Judiciary  for  ordinance 
No.  410  by  Mr.  Reese: 

In  all  ]>rosecutions  for  rape  and  assault  with  intent 
to  rape,  the  court  may,  in  its  discretion,  exclude  from 


1292  Journal  of  Alabama 

the  court  room  all  persons  except  such  as  may  be  neces- 
sary in  the  conduct  of  the  trial. 

The  report  was  laid  upon  the  table  and  300  copies 
ordered  printed. 

RESOLUTIONS. 

Mr.  Samford  offered  the  following  resolution,  which 
was  read  at  length  one  time,  as  follows : 

Resolution  298,  by  Mr.  Samford: 

Be  it  resolved  by  the  Convention  that  the  enrolling 
and  engrossing  clerk  be  and  she  is  hereby  instructed  to 
employ  one  assistant  clerk  at  an  amount  not  to  exceed 
|4.00  per  day,  for  such  time  as  she  may  deem  advisable. 

Mr.  Samford  moved  that  the  rules  be  suspended  in 
order  to  put  the  resolution  on  its  immediate  passage. 

The  rules  were  suspended. 

Mr.  Eyster  thereupon  moved  the  adoption  of  the 
resolution. 

The  resolution  was  lost. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  motion  of  Mr. 
Long  of  Walker  to  reconsider  the  vote  by  which  ordi- 
nance 404  was  lost. 

Mr,  Dent  moved  to  table  the  motion  to  reconsider. 

The  motion  was  lost:  Yeas,  56;  nays,  56. 

YEAS. 


INIessrs.  Asbcraft, 

T^^avis  (Etowah), 

Banks, 

Dent, 

Barefield, 

Duke, 

Bartlett, 

Eley, 

Beddow, 

Espy, 

Boone, 

Pitts, 

Brooks, 

Posheo, 

Byars, 

Preeman, 

Cofer, 

Gil  more, 

Constitutional  Convention. 


1293 


Oraham  (Talladega), 

Greer  (Calhoun), 

Harrison, 

Henderson, 

Hinson, 

Howze, 

Jones  (Montgomery), 

Kirk. 

Ledbetter, 

Lomax, 

Maione, 

Maxwell, 

Miller  (Marengo), 

Miilkej^, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 


G'Neal  (Lauderdale), 

Palmer, 

Parker  (Elmorej, 

Phillips, 

Pi  Hans, 

Porter, 

Reynolds  (Chilton), 

Sanders, 

Searcy, 

Selheimer, 

Sloan, 

Spears, 

Vaughan, 

Waddell, 

Weakley, 

White, 

Whiteside, 

Will iams  ( Marengo ) , 

Winn— 56. 


nays. 


Messrs.  Almon, 

Altman, 

P>ethune, 

Blaekwell, 

Browne, 

P  n  nis, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Davis  (DeKalb), 

Ferguson, 

Glover, 

Graham  ( Montgomery ) , 

Grant, 

Grayson, 


Greer  (Perry), 

Haley, 

Hand  ley, 

tfetlin  (Chambers), 

Hefiin  (Randolph), 

Hood, 

Inge, 

Jackson, 

Jones  (Bibb), 

Knight, 

Locklin, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Martin, 

Merrill, 

Miller   (Wilcox), 

Moody, 


1294  Journal  of  Alabama 

Opp,  Smith,  Mac,  A., 

O'Rear,  Smith,  Morgan  M., 

Parker  (Cullman),  SpragiUvS, 

Pettiis,  Stewart, 

I'itts,  iliompson, 

Procto.r,  Walker, 

Keese,  Watts, 

Kogers  (Lowndes),  Williams  (Barbour), 

Sanford,  Wilson  (Clarke) 

Smith  (Mobile),  Wilson  ( Wasliiniiton  i — 5G. 

PAIUS    ANXOUXCKD. 

The  following  pairs  were  announced : 

^lessrs.  Cunningliam  and  Cardon,  President  and 
^Veather]Y,  Jones  of  Wilcox  and  ^IcMillan  of  Baldwin. 
Messrs.  Cunningham,  President  and  Jones  of  Wilcox 
would  vote  are;  and  Messrs.  Cardon,  AVeatherly  and 
Mt^Millan  of  Baldwin  would  vote  nay. 

Tlie  motion  to  reconsider  the  vote  by  which  ordi- 
nance 404  was  lost,  prevailed. 

Tlie  question  recurred  upon  the  motion  of  Mr.  Jones 
of  Montgomery  to  reconsider  tlie  vote  whereby  certain 
amendments  relative  to  Sheriffs  having  two  terms  of 
office  was  adoi>ted. 

Mr.  Jitnes  of  ^lontgomery  moved  to  post])one  the  fur- 
ther consideration  of  his  motion  to  reconsider  until 
after  the  rejtort  of  the  Committee  on  Journal  (m  Fri- 
day. 

Tile  motion  was  lost. 

Mr.  (^'Xeal  of  Lauderdale  moved  to  postpone  the  fur- 
ther consideration  of  the  motion  of  Mr.  Jones  of  Mont- 
gomery to  reconsidei-  until  after  the  disposition  of  ordi- 
nance 404. 

Air.  Long  of  AValker  moved  lo  amend  the  motion  of 
]Mr.  O'Neal  of  Laud(u-dale  l)y  making  it  a  special  order 
for  12  o'clock  to-day. 

On  motion  of  ^\v.  Proctor,  the  motion  of  Mr.  O'Neal 
of  Lauderdale  and  Long  of  Walker  were  laid  u]>on  the 
table. 


Constitutional  Convention. 


1295 


Mr.  Reese  moved  to  table  the  motion  of  Mr.  Jones 
of  Montgomery. 

The  motion  was  lost :  Yeas,  45 ;  nays,  23. 


YEAS. 


Messrs.  Almon, 

Altman, 

Baretield, 

Boone, 

B  rooky, 

Burns, 

Carmichael  (Colbert). 

Carmichael  (Coffee), 

Chapman, 

Cobb, 

Coleman  (Greene), 

Duke, 

Eley, 

Eyster, 

(riover, 

Graham  (iNIonttjomery) 

Graham  (Talladega), 

Grayson, 

Greer  (Perry), 

Haley, 

I  lundley, 

Heflin  (Chambers), 

Heflin  (Randolph), 


Hinson, 

ll'..„| 

Locklin, 

Long  (Walker), 

Miller  ( Marengo), 

.Miller  (Wilcox^ 

Moody, 

.Alurphree, 

NeSmith, 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Proctor. 

Reese, 

Smith,  Morgan  M.. 

Stewart, 

Vaughan, 

Williauis  (Marengo), 

Wilson  (Clarke) 

Wilson  (AVashington) 


-45. 


NAYS. 


Afessrs.  Aslicraft, 

I' links, 

Hiirtlett, 

Reddow, 

Bethune. 

Rlackw611, 

Browne, 

Burnett, 

Bvars. 


Cardon, 
Cofer, 

( ^)]eman  ( Walker ) , 
Davis  (DeKalb), 
Davis  (Etowah), 
Dent. 
Espy, 
ri^pronson, 
Fittsi 


1296 


Journal  of  Alabama 


Foshee, 
Freeman, 
Gilmore, 
Orant^ 

Greer  (Calhoun), 
Harrison, 
Henderson, 
Howze, 
]nge, 
Jackson, 
Jenkins, 
Jones  (I3ibb), 
Jones  (Montgomery), 
Jones  (Wilcox), 
Kirk, 
Knight, 
Ledbetter, 
Lomax, 

Lowe  (Jefferson), 
Malone, 
Martin, 
Maxwell, 
Merrill, 
Mulkey, 
Norman, 
Norwood, 
Gates, 
O'Neal  (Lauderdale), 

PAIRS 


Parker  (Elmore), 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Keynolds  (Chilton), 

Kogers  (Lowndes), 

8am  ford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Sollie, 

Spears, 

Spragins, 

Thompson, 

Waddell, 

Walker, 

Watts, 

Weakley, 

White, 

Whiteside, 

^yilliams  (Barbour) 

Winn— 73. 

ANNOUNCED. 


The  following  pair  was  announced : 

Messrs.  Weatherly  and  President.  Mr.  Weatherly 
■would  vote  aye;  and  Mr.  President  would  vote  nay. 

The  question  recurred  upon  the  motion  of  Mr. 
Jones  of  Montgomery  to  reconsider  the  vote  by  which 
the  amendment  offered  by  Mr.  Barefield  in  regard  to 
Sheriffs  having  two  terms  was  adopted. 

Mr.  Hood  raised  the  point  of  order  that  the  motion 
of  Mr.  Jones  of  Montgomery  was  out  of  order,  in  that 
the  article  had  been  ordered  engrossed  and  to  a  third 
reading,  and  that  it  would  be  necessary  to  reconsider 


Constitutional  Convention.  1297 

the  vote  by  which  the  article  on  Impeachments  was 
ordered  engrossed  and  to  a  third  reading'. 

Mr.  Lowe,  of  Jeiferson,  raised  tlie  point  of 
order  that  the  point  of  order  made  by  Mr. 
Hood  came  too  hite,  in  that  the  Chair  and  the 
Convention  had  entertained  the  motion  to  reconsider 
the  vote  whereby  the  amendment  ottered  by  Mr.  Bare- 
field  in  regard  to  Sherilt's  having  two  terms  was 
adopted,  and  that  said  motion  had  been  entered  at  a 
former  session  of  the  Convention  and  set  down  for  con- 
sideration after  the  motion  to  reconsider  the  article 
relating  to  Impeachments  of  Sheriffs,  and  at  this  ses- 
sion of  the  Convention  the  Convention  had  considered 
the  motion  to  reconsider  and  had  voted  down  a  motion 
to  table  the  same,  and  that  objection  to  its  considera- 
tion must,  therefore,  be  considered  as  having  been 
waived  by  unanimous  consent,  and  that  the  considera- 
tion of  the  motion  to  reconsider  the  vote  whereby  the 
amendment  offered  by  Mr.  Barefield  in  regard  to  Sher- 
iffs having  two  terms  operated,  under  the  circumstances 
to  reconsider  the  vote  whereby  the  article  on  Impeach- 
ments was  ordered  engrossed  and  to  a  third  reading, 
and  the  vote  whereby  Section  2,  as  amended,  was 
adopted  by  unanimous  consent. 

The  Chair  stated  that  the  Chair  was  in  doubt  on  the 
point  of  order,  and  would  submit  the  question  for  the 
decision  of  the  Convention. 

Thereupon  the  Chair  submitted  the  question  to  the 
Convention  upon  the  point  of  order  raised  by  Mr.  Lowe 
of  Jefferson,  and  the  point  of  order  was  sustained. 

Thereupon  the  Chair  overruled  the  point  of  order 
raised  by  Mr.  Hood. 

The  question  recurred  upon  the  motion  of  Mr.  Jones 
of  Montgomery  to  reconsider  the  vote  whereby  the 
amendments  to  Section  2  were  adopted. 

The  motion  prevailed,  and  the  vote  was  reconsidered. 

Thereupon  Mr.  Fitts  moved  to  table  the  amendment 
offered  by  Mr.  Barefield  to  Section  2. 

The  motion  prevailed :  Yeas,  77 ;  nays,  38. 

S2 


1298 


Journal  of  Alabama 


YEAS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Bartlett, 

Beddow, 

Betliime, 

Blackwell, 

Brooks, 

Browne, 

Burnett, 

Byars, 

Cofer, 

Coleman  (Greene), 

Coleiiiau  (Walker), 

Craiii", 

r;ivis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Espy, 

Feriiuson, 

Fitts, 

Fosliee, 

Freeman, 

Oil  more, 

Grant, 

Greer  (Calhoun), 

Harrison, 

Henderson, 

Mood, 

ITowze, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

.T(^^M'«;  (AVilcox), 

Kyle, 

Kiiiirht. 

T^edbetter, 

Lomax, 


Lowe  (Jefferson), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Mulkey, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Tarker  (Cullman). 

Parker   (  Elmore), 

Phillips, 

I'irts, 

Porter, 

Pructor, 

Keyuolds  (Chilton), 

Koners  (Lowndes), 

Sanders, 

Sanford, 

Seiheimer, 

Sb)an, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Sollie, 

Spears, 

S])raiiins, 

Stewart, 

Thompson, 

Vanahan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

White,  "^ 

Wliiteside. 

Williams  (Barbour) — 77 


Constitutional  Convention. 


1299 


nays. 


Messrs.  Barefield, 

Boone, 

Burns, 

Garden, 

Carmicliael   ( Colbert ) , 

Chairman, 

Cobb, 

Duke, 

Eley, 

Eyster, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grayson, 

Greer  (Perry), 

Handley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 


Jones  (Montgomery), 

Long  ("Walker), 

Lowe  (Lawrence), 

^[iller  (Marengo), 

.Miller  (Wilcox), 

Moody, 

ATiirphree, 

NeSmith, 

Opp, 

O'Kear, 

Palmer, 

Pettus, 

Reese, 

Searcy, 

Smith,  Morgan  M., 

Williams  ( Marengo ) , 

Wilson  (Clarke) 

Wilson  ( Washington ) , 

Winn— 38. 


question  of  personal  privilege. 

Mr.  Long  of  Walker  arose  to  a  question  of  personal 
privilege,  and  proceeded  to  state  his  question  of  per- 
sonal privilege. 

The  question  recurred  upon  the  adoption  of  Section 
2  as  originally  reported  and  amended  by  the  amend- 
ment of  Mr.  Coleman  of  W^alker,  which  amendment 
was  adopted  by  unanimous  consent. 

On  motion  of  Mr.  Hood  Section  2,  as  originally  re- 
ported by  the  Committee,  and  amended,  was  thereupon 
adopted. 

Oil  motion  of  Mr.  Hood  the  Article  on  Impeachments 
was  ordered  engrossed  for  a  tliird  reading  and  adopt- 
ion. 

On  motion  of  Mr.  Hood,  ordinance  404  was  taken 
up. 

Mr.  O'Neal  of  Lauderdale  moved  to  table  the  ordi- 
nance 404. 


1300 


Journal  of  Alabama 


The  motion  of  Mr.  O'Xeal  of  Lauderdale  was  lost. 

On  motion  of  Mr.  Hood  ordinance  404  was  read  at 
length,  as  follows,  and  adopted:  Yeas,  74;  nays,  44. 

Ordinance  404,  by  Mr.  Coleman,  of  Walker : 

Whereas,  Amj^le  provision  is  made  by  law  for  the 
impeachment  of  officers,  and 

Whereas,  It  is  contrary  to  the  policy  of  this  govern- 
ment that  any  part  of  the  powers  of  one  department 
should  be  exercised  by  an  officer  of  another  depart- 
ment, and 

Whereas,  It  is  contrary  to  the  spirit  of  our  institu- 
tions that  any  person  shauld  be  punished  before  a  trial. 

Now,  therefore,  be  it  ordained  by  the  people  of  Ala- 
bama, in  Convention  assembled,  that  the  following  part 
of  Section  28  of  Article  V,  adopted  by  this  Convention 
be  and  the  same  is  hereby  annulled,  to-wit:  "And  the 
Governor,  when  satisfied  after  hearing  the  Sheriff,  that 
he  should  be  imi>eached,  may  suspend  him  from  office 
until  the  impeachment  proceedings  are  decided." 

YEAS. 


Messrs.  Almon, 

Altman, 

Beavers, 

Bethune, 

Blackwell, 

Browne, 

Burnett, 

Burns, 

Carmichael  (Colbert), 

Carraichael  (Coffee), 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Davis  (DeKalb), 

Eley, 

Eyster, 


Ferguson, 

Foshee, 

Foster, 

Glover, 

Graham  ( Montgomery ) , 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Handley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hood, 

Inge, 

Jackson, 

Jones  (Bibb), 

Knight, 


Constitutional  Convention. 


1301 


Locklin, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  ( Lawrence) , 

Martin, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Norwood, 

Upp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Pitts. 

Proctor, 

Reese, 


Rogers  (Lowndes), 

Samford, 

Sanford, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Spears, 

Stewart, 

Spragins, 

Thompson, 

Vaughan, 

W^alker, 

Watts, 

Williams   (Barbour), 

Williams  ( Marengo ) , 

Wilson  (Clarke), 

Wilson  (Washington) 

Winn — 74. 


nays. 


Messrs.  Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beddow, 

Boone, 

Brooks, 

B  jn  rs, 

Cofer, 

Craig, 

Dent, 

Duke, 

Espy, 

Pitts, 

Freeman, 

Graham  (Talladega), 

Harrison, 

Hinson, 

Howze, 


Jones  (Montgomery), 
Jones  (Wilcox), 
Kirk, 
Ledbetter, 
Lomax, 
]\ralone, 
^laxwell, 
^Julke}^, 
Murphree, 
VeSmith, 
Norman, 
Gates, 

G'Neal   (Lauderdale), 
Phillips, 
Pi  Hans, 
Porlor, 

Reynolds  (Chilton), 
Sanders, 
Seai'cv, 


1302  Journal  of  Alabama 

Selheimer,  Weakley, 

Sloan,  White, 

Waddell,  Whiteside— 44. 

PAIRS    ANNOUNCED. 

The  following  pairs  were  announced: 

Messrs.  Weatherlv  and  President,  Cardon  "and  Cun- 
ningham. Messrs.  Weatherlv  and  Cardon  Avould  vote 
aye;  and  Mr.  President  and  Mr.  Cunningham  would 
vote  nay. 

The  ordinance  404  was  referred  to  the  Committee  on 
Order,  Consistency  and  Harmony  of  tlie  Whole  Consti- 
tution. 

REGULAR   ORDER. 

The  Convention  proceeded  to  the  consideration  of 
the  regular  order,  wliich  was  the  report  of  the  Com- 
mittee on  Education. 

On  motion  of  31r.  (Iraham  of  Talladega  the  report 
was  considered  section  hy  section. 

EDUCATION. 
SECTION  ONE. 

Was  read  at  length  as  follows  and  adopted: 
Section  1.  The  General  Assembly  shall  establish,  or- 
ganize and  maintain  a  liberal  system  of  public  schools 
throughout  the  State  for  the  benefit  of  the  children 
thereof  between  the  ages  of  7  and  21  3^ears.  The  public 
school  fund  shall  l)e  apportioned  to  the  several  counties 
in  proportion  to  the  number  of  school  children  of  school 
age  therein,  and  shall  be  so  a])]>ortioned  to  the  schools 
in  the  districts  or  to^^'nships  in  the  county  as  to  pro- 
vide, as  nearly  as  practicable,  school  terms  of  equal 
duration  in  such  school  districts  or  townships.  Separ- 
ate schools  shall  be  provided  for  •  white  and  colored 
children  and  no  child  of  either  race  shall  be  permitted 
to  attend  a  school  of  the  other  race. 


Constitutional  Convention.  1303 

section  two. 

Was  read  at  length  as  follows  and  adopted: 
Sec.  2.  The  principal  of  all  funds  arising  from  the 
sale  or  other  disposition  of  .lands  or  other  property, 
which  has  been  or  may  hereafter  be  granted  or  entrusted 
to  this  State  or  given  by  the  United  States  foi'  education- 
jil  purposes,  shall  l)e  preserved  inviolate  and  uudimin- 
islied;  and  the  income  arising  tlierefrom  shall  be  faith- 
fully applied  to  the  specific  object  of  the  original  grants 
or  appropriation^^. 

SECTION  THREE. 

V\  as  read  at  length  as  follows  and  adopted: 
Section  3.  All  lands  or  other  property  given  by  indi- 
viduals, or  appropriated  by  the  State  for  educational 
purposes,  and  all  estates  of  deceased  persons,  who  die 
without  leaving  a  will  or  heir,  shall  be  faithfully  ap- 
plied to  the  maintenance  of  the  public  schools. 

SECTION  FOUR. 

Was  read  at  leng-th  as  follows  and  adopted : 
Sec.  4.     All  poll  taxes  levied  and  collected  in  this 
State  shall  be   applied   to    the   support    of   the   public 
schools  in  the  respective  counties  where  levied  and  col- 
lected. 

SECTION  FIVE. 

Was  read  at  length  as  follows : 

Sec.  5.  The  income  arising  from  the  Sixteenth  Sec- 
tion trust  fund,  the  surplus  revenue  fund,  until  it  is 
called  for  by  the  United  States  government,  and  the 
funds  enumerated  in  Sections  3  and  4  of  this  Article, 
together  with  the  special  annual  tax  of  30  cents  on  each 
flOO  dollai^  of  taxable  property  in  this  State  shall  be 
applied  to  the  support  and  maintenance  of  the  public 
schools  and  it  shall  be  the  duty  of  the  General  Assem- 
bly to  increase,  from  time  to  time,  the  public  school 


1304  JoL'itXAL  OF  Alabama 

fund  as  the  necessity  therefor  and  the  condition  of  the 
treasury  and  the  resources  of  the  State  may  justify. 
Provided,  that  nothing-  herein  contained  shall  be  so  con- 
strued as  to  authorize  the  G(meral  Assembly  to  levy  in 
any  one  year  a  greater  rtite  of  taxation  than  65  cents 
on  each  |100  worth  of  taxable  property. 

Mr.  Dent  offered  the  following  amendment  to  Sec- 
tion 5 : 

Moves  to  amend  Section  5  of  Article  on  Education 
by  striking  therefrom  the  following  words,  ''together 
Avith  the  special  annual  tax  of  31)  cents  on  each  |100  of 
taxable  property  of  this  State,"  in  lines  three  and  four 
of  said  section,  and  insert  in  lieu  thereof  the  following, 
"together  with  such  sum  as  the  Legislature  may  de- 
cide." 

Mr.  O'Neal  of  Lauderdale  otfered  the  following 
amendment  to  the  amendment  otfered  by  Mr.  Dent : 

Amend  amendment  by  striking  out  the  words  "to- 
gether with  the  special  annual  tax  of  30  cents  on  each 
|100  of  taxable  property  in  the  State,"  and  insert  in 
lieu  thereof  "with  such  other  moneys  to  be  not  less 
that  1100,000  ])er  annum,  as  the  (leneral  Assembly  shall 
provide  by  taxation  or  otherwise." 

RECESS. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Education,  the  hour  of  1  o'clock  hav- 
ing arrived,  under  the  rules,  the  Convention  recessed 
until  3  :30  this  afternoon. 

AFTEENOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Constitutional  Convention. 


1305- 


Messrs.  President, 

Jones  (Bibb), 

Ashcraft, 

Kirk, 

Bartlett, 

Knight, 

Beavers, 

Kyle, 

Beddovv, 

Ledbetter, 

Bethune, 

Locklin, 

Blackwell, 

Lomax, 

Boone, 

Lowe  (Lawrence), 

Brooks, 

Macdonald, 

Browne, 

Malone, 

Bulger, 

Martin, 

Burns, 

Maxwell, 

Byars, 

Merrill, 

Cardon, 

}.liller  (Marengo), 

Case, 

Miller  (Wilcox), 

Chapman, 

Moody, 

Cobb, 

Murphree, 

Coleman  (Greene), 

Norman, 

Davis  (DeKalb), 

Norwood, 

Davis  (Etowah), 

Gates, 

Eley, 

O'Neal  ( Lauderdale) , 

Eyster, 

Opp, 

Fletcher, 

O'Rear, 

Foshee, 

Pnlnier, 

Foster, 

Parker  (Cullman), 

Freeman, 

Parker  (Elmore), 

Gilmore, 

Pettus, 

Graham  (Talladega), 

Phillips, 

Grant, 

Lilians, 

Grayson, 

Pitts, 

Greer  (Calhoun), 

Proctor, 

Greer  (Perry), 

Peese, 

Haley, 

Rogers  (Lowndes), 

Handley, 

Samford, 

Heflin  (Randolph), 

Sanders, 

Henderson, 

Snnford, 

Hood, 

Searcy, 

Howze, 

Selheimer, 

Inge, 

Smith,  Mac.  A. 

1306  Journal  of  Alabama 

Smith,  Morgan  M.,  Walker, 

Sollie,  Watts, 

Sorrell,  Weakley, 

iSpears,  White, 

Spragins,  Whiteside, 

Stewart,  ^'  i  ] !  i  ams  (  Barbour ) , 

Thompson,  Williams  (Marengo) 

Vaughan,  Wilson  (Clarke) — 93. 

REPORT   OF   THE   CO.M.MITTEE   OX    EXGROSSMEXT. 

Mr.    Samforcl,    chairman   of    the   Coniniittee   on    En- 
grossment, submitted  the  follo^ying  report,  which  was 
concurred  in: 
Mr.  Fresident : 

We,  Your  Committee  on  Engrossment^  beg  leave  to 
report  that  we  have  examined  and  compared  the  follow- 
ing ordinances,  articles  and  resolutions,  to-wit :  On 
Amending  the  Constitution,  on  Relating  to  the  Bonded 
Indebtedness  of  the  State,  Ordinance  No.  409,  Kepre- 
sentation,  Exemptions,  ^lunicipal  Corporations,  Reso- 
lution Xo.  188,  and  tind  tlie  same  to  be  correct. 

Wm.  H.  Samford^ 
Chairman  Committee  on  Engrossment. 

ARTICLES    ox    THIRD    READIXG. 

The  Article  on  Amending  the  Constitution  and  ^lis- 
cellaneous  Provisions  was  read  at  length  a  tliird  time, 
as  follows,  and  adopted:  Yeas,  87;  nays,  7. 

An  ordinance  to  prescribe  the  mode  in  wliich  the  Con- 
stitution may  be  amended. 

Be  it  ordained  by  tlie  people  of  Ahibnma,  in  Conven- 
tion assembled,  tliat  Article  XVII  of  the  Constitution 
he  stricken  out,  and  tl>e  folh^wing  article  insfM-ted  iu  lieu 
thereof : 


Constitutional  Convention.  1307 

ARTICLE  XVII. 

MODE  UF  A-MENIUNG   THE   rONSTITITlON. 

1.  Amendments  may  be  proposed  to  this  Constitu- 
tion by  the  General  Assembly  in  the  manner  following: 
The  proposed  amendments  shall  be  read  in  the  House  in 
which  they  originate  on  three  several  days,  and  if  upon 
the  third  reading  three-fifths  of  all  the  members  elected 
to  that  House  shall  vote  in  favor  thereof  the  proposed 
amendments  shall  be  sent  to  the  other  House,  in  which 
they  shall  likewise  be  read  on  three  several  days,  and  if 
upon  the  third  reading,  three- fifths  of  all  the  members 
elected  to  that  House  shall  vote  in  favor  of  the  proposed 
iimendments,  the  General  Assembly  shall  order  an  elec- 
tion by  the  qualified  electors  of  the  State  upon  such  pro- 
posed amendments,  to  be  held  either  at  the  general  elec- 
tion next  succeeding  the  session  of  the  General  Assem- 
bly at  which  the  amendments  are  proposed  or  upon  an- 
other day  appointed  by  the  General  Assembly  not  less 
than  three  months  after  adjournment  of  the  session  of 
the  General  Assembly  at  which  the  amendments  are  pro- 
posed. Xoticc  of  such  election,  together  with  the  pro- 
posed amendments  shall  be  given  by  proclamation  of 
the  Governor,  which  shall  be  published  in  every  county 
in  such  manner  as  the  General  Assembly  shall  direct, 
for  at  least  eight  weeks  successively  next  preceding  the 
day  appointed  for  such  election.  On  the  day  so  ap- 
pointed an  election  shall  be  held  for  the  vote  of  the 
f|ualified  electors  of  the  State  on  the  proposed  amend- 
ments. If  such  election  be  held  on  the  day  of  the  gen- 
eral election,  the  officers  of  the  general  election  shall 
open  a  poll  for  the  vote  of  the  qualified  electors  on  the 
]iroposed  amendments;  if  it  be  held  on  a  day  other  than 
that  of  a  general  election,  officers  for  such  election  shall 
be  appointed  and  the  election  shall  be  held  in  all  things 
in  accordance  with  the  law  governing  general  elections. 
In  all  elections  upon  such  proposed  amendments  the 
votes  cast  thereat  shall  be  canvassed,  tabulated,  and  re- 
turns thereof  made  to  the  Secretary  of  State,  and 
counted,  in  the  same  manner  as  is  done  in  elections  for 


1308  Journal  of  Alabaima 

Representatives  in  the  General  Assembly,  and  if  it  shall 
thereupon  appear  that  a  majority  of  the  qualified  elect- 
ors who  voted  at  such  election  upon  the  proposed  amend- 
ments voted  in  favor  of  the  same,  such  amendments  shall 
be  valid  to  all  intents  and  purposes  as  parts  of  this  Con- 
stitution. The  result  of  such  election  shall  be  made 
known  by  proclanuition  of  the  Governor;  provided,  that 
representation  in  the  Legislature  shall  be  based  upon 
population,  and  such  basis  of  representation  shall  not 
be  changed  by  constitutional  amendment. 

2.  Upon  the  ballots  to  be  used  at  all  elections  pro- 
vided for  in  Sec.  1  of  this  article,  the  substance  or  sub- 
ject matter  of  each  proposed  amendment  shall  be  printed 
so  that  the  nature  thereof  shall  be  clearly  indicated, 
following  eacli  proposed  amendment  on  the  ballot  shall 
be  printed  the  words  "Yes''  and  immediately  following 
that  shall  be  printed  the  word  ''No."  The  choice  of  the 
elector  shall  be  indicated-  by  a  cross  mark  before  the 
answer  he  desires  and  no  amendment  shall  be  adopted 
unless  it  receives  the  affirumtive  vote  of  a  majority  of  all 
the  (puilified  electors  who  voted  at  such  election. 

3.  No  convention  shall  hereafter  be  held  for  the  pur- 
pose of  altering  or  amending  the  Constitution  of  this 
State,  unless  after  the  General  Assembly,  by  a  vote  of 
a  majority  of  all  the  members  elected  to  each  House,  has 
passed  an  act  or  resolution  calling  a  Convention  for 
such  purpose,  the  question  of  Convention  or  No  Conven- 
tion shall  first  be  submitted  to  a  vote  of  all  the  qualified 
electors  of  the  State,  and  approved  by  a  majority  of  those 
voting  at  such  election.  No  act  or  resolution  of  the 
GeneJ'al  Assembly  calling  a  convention  for  the  purpose 
of  altering  or  amending  the  Constitution  of  this  State 
shall  be  repealed  except  upon  the  vote  of  a  majority  of 
all  the  members  elected  to  each  House  at  the  same  ses- 
sion at  which  such  act  or  resolution  was  passed;  pro- 
vided, nothing  herein  contained  shall  be  construed  as  re- 
stricting the  jurisdiction  and  i)ower  of  the  Convention 
Avhen  duly  assembled  in  pursuance  of  this  section,  to  es- 
tablish such  ordinances  and  to  do  and  ])erform  such 
othei-  things  as  to  the  Convention  may  seem  necessary  or 
proper  to  alter,  revise  or  amend  tlie  existing  Constitu- 
tion. 


Constitutional  Convention, 


1309 


4.  All  votes  of  the  General  Assembly  upon  proposed 
amendments  to  this  Constitution,  and  upon  bills  or 
resolutions  calling  a  Convention  for  the  purpose  of  al- 
tering or  amending  the  Constitution  of  this  State  shall 
be  taken  by  yeas  and  nays  and  entered  on  the  Journals, 
No  act  or  resolution  of  the  General  Assembly  passed  in 
accordance  with  the  provisions  of  this  article  proposing 
amendments  to  this  Constitution,  or  calling  a  conven- 
tion for  the  jDurpose  of  altering  or  amending  the  Con- 
stitution of  this  State  shall  be  submitted  for  the  ap- 
proval of  the  Governor,  but  shall  be  valid  without  his 
approval. 


YEAS. 


Messrs.  President, 

Glover, 

Almon, 

Graham  (Talladega), 

Altman, 

Grant, 

Ash  era  ft. 

Greer  (Calhoun), 

Barefield, 

Greer  (Perry), 

Reddow, 

Haley, 

Bethune, 

Handley, 

B  hick  well, 

Harrison, 

Boone, 

Heflin  (Randolph}, 

Brooks, 

Henderson, 

Browne, 

Hood, 

Bulger, 

IIoAvze, 

Burnett, 

Inge, 

Burns, 

Jones  (Bibb), 

Cardon, 

Jones  (Wilcox), 

Chapman, 

Kirk, 

Coleman  (Greene), 

Knight, 

Coleman  (Walker), 

Ledbetter, 

Craig, 

Lomax, 

Davis  (DeKalb), 

Lowe  (Lawrence), 

Davis  (Etowah), 

^facdonald. 

Dent, 

Malone, 

Eley, 

!Mnxwell, 

Eyster, 

Merrill, 

Espy, 

Miller  (Marengo), 

Foster, 

Miller  (Wilcox), 

Moody, 

1310 


JouuxAL  OF  Alabama 


Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Peitiis, 

Pillans, 

Pitts. 

Proctor, 

Reese, 

IJouers   (Lowndes), 

Sam  ford, 

Sanders, 

San  ford, 

Searcy, 

Smith  (Mobile), 


Smith,  Mac.  A., 
Smith,  Morgan  ^L, 
Stewart, 
Thompson, 
Vaughan, 
Waddell, 
Walker, 
AYatts, 
Weakley, 
White, 
Whiteside, 

Williams  (Barbour), 
Williams  (Marengo), 
Wilson  (Clarke), 
"Wilson  (Washington). 
Winn — 8(>. 


NAYS. 


Messrs.  Bartlett, 
Byars, 
Foshee, 
Crayson, 


L<.nu-  (Walker), 
Pliillip.s, 
Porter — 7. 


The  ordinance  to  amend  Article  XVI  of  the  Consti- 
tution was  read  a  third  time  at  length  as  follows,  and 
adopted:  Yeas,  89;  nays,  4. 

An  ordinance  to  amend  Article  XYI  of  the  Consti- 
tution. 

Be  it  ordained  by  the  people  of  A]al)ama,  in  Conven- 
tion assendjled,  that  Article  XVI  of  the  Constitution 
be  stricken  out,  and  the  following  article  inserted  in 
lieu  tlun-eof: 


ARTICLE  XVI. 

MISCKLI^AXKOrs   PUOVISIOXS. 

1.  No  person  holding  an  oflftce  of  ])rofit  under  the 
Ignited  States,  except  postmasters,  whose  annual  sal- 
aries do  not  exceed  .*200,  shall,  <luring  his  continuaiu-e 
in  such  office,  hold  any  office  of  profit  under  this  State; 


Constitutional  Convkxtion. 


1311 


nor  sliall  auy  person  holding  two  offices  of  profit  at  one 
time  nnder  this  State,  except  Justices  of  the  Peace, 
Constables,  Notaries  Public,  and  Commissioners  of 
Deeds. 

2.  The  salary,  fees  or  compensation  of  any  officer 
holdiuii  auT  civil  office  of  profit  under  this  State  or  any 
county  or  municipality  thereof,  shall  not  be  increased 
or  diminished  during  the  term  for  which  he  shall  have 
been  elected  or  appointed. 

3.  It  is  made  the  duty  of  the  General  Assembly  to 
enact  all  laws  necessary  to  give  effect  to  the  provisions 
of  this  Constitution. 

YEAS. 


Messrs.  Almon, 

Altman, 

Ash  era  ft, 

Banks, 

Barefield, 

Reavers, 

Keddow, 

Bethune, 

Blackwell, 

Boone, 

I'l'ooks, 

T>nlger, 

Burnett, 

Burns, 

Cardon, 

Carmichael   (Colbert), 

Chapman, 

Cobb, 

Citleiuan  (Greene), 

Coleman  (Walker), 

Cunuingham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

^^spy, 

Foster, 


Graham  ( Talladega ) , 

Grant, 

Giayson, 

(xreer  ( Calhoun), 

(xieer  (Perrv), 

Ha  lev. 

Hand  ley, 

Harrison, 

Hefiin  (Randolph), 

Henderson, 

Hood, 

Howze, 

Inge, 

•Tones  (  Bibb), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Locklin, 

r.omax, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

Martin, 

^Maxwell, 

Merrill, 


1312 


Journal  of  Alabama 


Miller   (Marengo), 
Murphree, 
Norwood, 
Gates, 

O'Neal  (Lauderdale), 
O'Rear, 
Palmer, 

Parker  (Cullman), 
Parker  (Elmore), 
-Pettus, 
Pillans, 
Porter, 
Proctor, 
Reese, 

Rogers  (Lowndes), 
Samford, 
.  Sanders, 
Searcy, 
Selheimer, 


Smith,  Mac.  A. 

Smith,  Morgan  M., 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

^Vhite, 

AMiiteside, 

Williams  ( Barbour) , 

Williams  (  Marengo ) , 

Wilson  (Clarke), 

Wilson  (W^ashington), 

Winn— 89. 


NAYS. 


Messrs.Bartlett, 
:  By  ars , 


Foshee, 
Phillips— 4. 


The  Article  on  Representation  was  read  a  third  time 
at  length,  as  follows,  and  adopted :  Yeas,  109 ;  nays,  3. 

ARTICLE  — . 

REPRESENTATION. 

Section  1.  The  whole  number  of  Senators  shall  be 
not  less  than  one-fourth,  or  more  than  one-third  of  the 
whole  number  of  Representatives. 

Sec.  2  The  House  of  Representatives  shall  consist 
of  not  more  than  one  hundred  and  five  members,  unless 
new  counties  are  created,  in  which  event  each  county 
shall  be  entitled  to  one  Representative.  The  members 
of  the  House  of  Representatives  shall  be  apportioned 
by  the  General  Assembly  among  the  several  counties  of 
the  State,  according  to  the  number  of  inhabitants  in 


Constitutional  Convention.  1313 

them  respectively,  as  ascertained  by  the  decennial  census 
of  the  United  States;  which  apportionment  vi^hen  made 
shall  not  be  subject  to  alteration  until  the  next  session 
of  the  General  Assembly  after  the  next  decennial  census 
of  the  United  States  shall  have  been  taken. 

Sec.  3.  It  shall  be  the  duty  of  the  General  Assembly 
at  its  first  session  after  the  taking  of  the  decennial 
census  of  the  United  States  in  the  year  1910,  and  after 
each  subsequent  decennial  census,  to  fix  by  law  the  num- 
ber of  Representatives,  and  apportion  them  among  the 
several  counties  of  the  State,  according  to  the  number 
of  inhabitants  in  them  respectively ;  provided,  that  each 
count}^  shall  be  entitled  to  at  least  one  Representative. 

Sec.  4.  It  shall  be  the  duty  of  the  General  Assembly 
at  its  first  session  after  the  taking  of  the  decennial  cen- 
sus of  the  United  States  in  the  year  1910,  and  after  each 
subsequent  decennial  census,  to  fix  by  law  the  number 
of  Senators,  and  to  divide  the  State  into  as  many  Sena- 
torial districts  as  there  are  Senators,  which  districts 
shall  be  as  nearly  equal  to  each  other  in  the  number  of 
inhabitants  as  may  be,  and  each  shall  be  entitled  to  one 
Senator,  and  no  more;  and  which  districts,  when  formed, 
shall  not  be  changed  until  the  next  apportioning  ses- 
sion of  the  General  Assembly  after  the  next  decennial 
census  of  the  United  States  shall  have  been  taken;  pro- 
vided, that  counties  created  after  the  next  preceding 
apportioning  session  of  the  General  Assembly  ma,v  be 
attached  to  Senatorial  districts.  No  county  shall  be 
divided  between  two  districts,  and  no  district  shall  be 
made  up  of  two  or  more  counties  not  contiguous  to  each 
other. 

Sec.  5.  Should  the  decennial  census  of  the  United 
State,  from  any  cause,  not  be  taken,  or  if  when  taken  the 
same,  as  to  this  State,  is  not  full  and  satisfactory,  the 
General  Assembly  shall  have  power  at  its  first  session 
after  the  time  shall  have  elapsed  for  the  taking  of  said 
census,  to  provide  for  an  enumeration  of  all  the  inhabi- 
tants of  this  State,  and  once  in  each  ten  years  there- 
after, upon  which  it  shall  be  the  duty  of  the  General 
Assembly  to  make  the  apportionment  of  Representatives 
and  Senators,  as  provided  for  in  this  article. 

83 


1314  Journal  of  Alabama 

Sec.  6.  Uutil  the  General  Assembly  shall  make  an 
apportionment  of  Representatives  among  the  several 
counties,  at  its  iirst  session  after  the  taking  of  the  de- 
cennial census  of  the  United  States  in  the  year  nine- 
teen hundred  and  ten,  as  herein  provided,  the  counties  of 
Autauga,  Baldwin,  Bibb,  Blount,  Cherokee,  Chilton, 
Choctaw,  Clay,  Cleburne,  Coffee,  Colbert,  Conecuh, 
Coosa,  Covington,  Crenshav^',  Cullman,  Dale,  DeKalb^ 
Escambia,  Fayette,  Franklin,  Geneva,  Greene,  La- 
mar, Lawrence,  Limestone,  Macon,  Marion,  Marshall, 
Monroe,  Pickens,  Randolph,  St.  Clair,  Shelby,  Wash- 
ington, and  Winston  shall  each  have  one  Representa- 
tive; the  counties  of  Barbour,  Bullock,  Butler,  Cal- 
houn, Chambers,  Clarke,  Elmore,  Etowah,  Hale,  Henry, 
Jackson,  Lauderdale,  Lee,  Lowndes,  Madison,  Marengo, 
Morgan,  Perry,  Pike,  Russell,  Sumter,  Talladega,  Tala- 
poosa,  Tuscaloosa,  Walker  and  Wilcox  shall  each  have 
two  Representatives;  the  counties  of  Dallas  and  Mobile 
shall  each  have  three  Representatives;  the  county  of 
Montgomery  shall  have  four  Representatives ;  and  the 
county  of  Jefferson  shall  have  seven  Representatives. 

Sec.  7.  Until  the  General  Assembly  shall  divide  the 
State  into  Senatorial  districts,  as  herein  provided,  the 
Senatorial  districts  shall  be  as  folloAvs: 

First  district,  Lauderdale  and  Limestone ;  Second 
district,  Lawrence  and  Morgan;  Third  district,  Blount, 
Cullman  and  Winston;  Fourth  district,  Madison;  Fifth 
district,  Jackson  and  ^Nfarshall ;  Sixth  district,  Etowah 
and  St.  Clair;  Seventh  district,  Calhoun;  Eighth  dis- 
trict, Talladega;  Ninth  district.  Chambers  and  Ran- 
dolph; Tenth  district,  Tallapoosa  and  Elmore;  Eleventh 
district,  Tuscaloosa;  Twelfth  district,  Fayette,  Lamar 
and  Walker ;  Thirteenth  district,  Jefferson ;  Fourteenth 
district,  Pickens  and  Sumter;  Fifteenth  District,  Au- 
tauga, Chilton  and  Shelby;  Sixteenth  district,  Lowndes; 
Seventeenth  distrct,  Butler,  Conecuh  and  Covington; 
Eigliteenth  district,  Bibb  and  Perry;  Nineteenth  dis- 
trict, Choctaw,  Clarke  and  Washington ;  Twentieth  dis- 
trict, Marengo;  Twenty-first  district.  Baldwin,  Escam- 
bia and  Monroe;  Twenty-second  district,  Wilcox;  Twen- 
ty-third district.  Dale  and  Geneva;  Twenty-fourth  di^^- 


Constitutional  Convention. 


i;U5 


trict,  Bai'bour;  T^Yeuty-tiftll  district,  Coffee,  Crenshaw 
and  Pike;  Twenty-sixth  district,  Bulk^ck  and  Macon; 
Twenty-seventh  district,  Lee  and  Knssell ;  Twenty-eighth 
district,  Montgomery;  Twenty-nintli  district,  Cherokee 
and  DeKalb;  Thirtieth  district,  Dallas;  Thirty-first 
district,  Colbert,  Franklin  and  Marion;  Thirty-second 
district,  Greene  and  Hale;  Thirty-third  district.  Mobile; 
Thirty-fourth  district,  Cleburne,  Clay  and  Coosa;  Thir- 
ty-fifth district,  Henry. 


YEAS. 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

P>anks, 

Barefield, 

Beavers, 

Beddow, 

Bethune, 

Black  well, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Eley, 

Eyster, 

Espy, 


Fitts, 

Foster, 

Freeman, 

Glover, 

Graham  (Montgomery), 

Graham  ( Talladega ) , 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  ^Randolph), 

Henderson, 

Hood, 

FFowze, 

Inge, 

Jones  (Bibb), 

•Tones  (Wilcox),, 

Kirk, 

Knight, 

Led  better, 

Locklin, 

Lomax, 

Long  (Walker), 

Lowe  ("Jefferson), 

Macdonald, 

Malone, 

Martin, 


1316 


JouRiSAL  OF  Alabama 


Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

3[urpbree, 

NeSmith, 

Norman, 

Norwood,  ' 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Proctor, 

Reese, 

Rogers  ( Lowndes ) , 

Samford, 


Sanford, 

Sean-j, 

Selheimer, 

Smith  (Mobile), 

Suiith,  Mac.  A. 

Smith,  Morgan  M., 

Sollie, 

Spears. 

Spragins, 

Stewart, 

Thompson, 

Vaughan, 

Wacldell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

Wliite, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

Wilson  ( Washington ) , 

Winn— 109. 


Messrs.  Byars, 
Foshee, 


NAYS. 

Porter— 3. 


The  Article  on  Municipal  Corporations  was  read  a 
third  time  at  length,  as  follows,  and  adopted :  Yeas,  102; 
nays,  4. 

MUNICIPAL  CORPORATIONS. 

Section  1.  No  person,  firm,  or  association  or  corpora- 
tion shall  be  authorized  or  permitted  to  use  the  streets, 
avenues  or  alleys  and  public  places  of  any  city,  town  or 
Tillage  for  the  construction  or  operation  of  any  public 
utility  or  private  enterprise,  without  the  consent  of  the 
proper  authorities  of  such  city,  town  or  village  being  first 
had  and  obtained. 


Constitutional  Convention.  1317 

Sec.  2.  The  General  Assembly  sliJiU  not  eiuict  any  law 
which  will  permit  a  person,  firm,  corporation  or  asso- 
I'iation  of  any  character  to  pay  privilege  license  or  other 
tax  to  the  State  of  Alabama,  and  relieve  him  or  it  from 
the  payment  of  all  other  privilege  and  license  taxes  in 
the  State. 

Sec.  3.  No  connty,  city,  town,  village,  district  or  other 
political  subdivision  of  a  county  shall  have  authority,, 
or  be  authorized  by  the  General  Assembly,  after  the  rati- 
fication of  this  Constitution,  to  issue  bonds,  unless  such 
issue  of  bonds  shall  have  first  been  approved  by  a  ma- 
jority vote  by  l)allot  of  the  qualified  voters  of  such 
county,  cit}^,  town,  village,  district  or  other  i)i>litical  sub- 
division of  a  county,  voting  upon  such  proposition.  In 
determining  the  result  of  any  election  held  for  this  pur- 
pov«,e  no  vote  shall  be  counted  as  an  affirmative  vote  which 
does  not  sliow  on  its  face  that  such  vote  was  cast  in  ap- 
proval of  such  issue  of  bonds.  This  section  shall  not  ap- 
ply to  the  renewal,  refunding  or  re-issue  of  bonds  law- 
fully issued,  nor  prev(Uit  the  issuance^  of  bonds  in  cases 
where  the  same  have  been  authorized  by  laws  enacted 
prior  to  the  ratification  of  this  Constitution,  nor  shall 
this  section  apply  to  obligations  incui'red  or  bonds  to  be 
issued  to  procure  means  to  pay  for  street  and  sidewalk 
improvements,  or  sanitary  or  stoi-m  water  sewers,  the 
cost  of  which  is  to  be  assessed  in  whole  or  in  part  against 
the  property  abutting  said  improvements,  or  drained 
by  such  sanitary  or  storm  water  sewers.  No  city,  town, 
or  other  municipality  shall  make  any  assessments  for 
the  cost  of  sidewalk  or  street  paving,  or  for  the  cost  of 
the  construction  of  any  sewers  against  prop- 
erty abutting  on  such  street  or  sidewalk  so  paved  or 
drained  l>y  such  sewers  in  excess  <vf  the  increasf^l  value 
of  such  property  by  reason  of  the  spcM-ial  l)enefits  derived 
from  such  improvements. 

Sec.  4.  No  city,  town,  or  village  wliose  present  indeb- 
tedness exceeds  the  limitations  imposed  by  tliis  Consti- 
tution shall  l)e  allowed  to  l)ecome  indebted  in  any  fur- 
ther amount  except  as  otherwise  provided  in  this  Con- 
stitution,, until  such  indebtedness  shall  be  reduced  with- 
in such   limit;  provided,  however,  that  nothing  herein 


1318  JouiLXAL  OF  Alabama 

contained  shall  prevent  any  municipality  from  issuing 
bonds  in  renewal  or  for  the  refnndini>  of  obligations  al- 
ready existing,  or  from  issuing  bonds  already  authorized 
by  la^y;  proyidedj  the  proyisions  of  this  section  shall  not 
ai^ply  to  the  cities  of  Sheffield  and  Tuscumbia. 

Sec.  5.  Xo  city,  town,  village  or  other  municipal  cor- 
poration other  than  provided  for  in  this  article  shall 
levy  or  collect  a  higher  rate  of  taxation  in  any  one  year 
on  the  property  situated  therein  than  one-half  of  1  per 
■centum  of  the  value  of  such  property  as  assessed  for 
State  taxation  during  the  preceding  year;  provided, 
that  for  the  purpose  of  paying  debts  existing  on  the  6th 
day  of  December,  1875,  and  tlie  interest  thereon  a  tax  of 
1  per  centum  may  be  levied  and  collected,  to  be  applied 
exclusively  to  the  payment  of  such  indebtedness;  and 
provided  further,  that  this  section  shall  not  apply  to  the 
€ity  of  Mobile,  which  city  may,  from  and  after  the  rati- 
fication of  this  Constitution,  levy  a  tax  not  to  exceed  the 
rate  of  three-foui'ths  of  one  per  centum,  to  pay  the  ex- 
penses of  the  city  government,  and  may  also  levy  a  tax 
not  to  exceed  three-fourths  of  one  per  centum  to  pay  the 
debt  existing  on  the  6tli  day  of  December,  1S75,  with  the 
interest  thereon,  or  any  renewal  of  such  debt;  and  pro- 
vided further,  that  this  section  shall  not  apply  to  the 
cities  of  Birmingham  and  Huntsville,  which  cities  may 
levy  and  collect  a  tax  not  to  exceed  one-half  of  one  per 
centum  in  additinn  t(»  tlie  tax  of  one-half  of  one  per  cen- 
tum as  hereinabove  allowed  to  be  levied  and  collected, 
such  special  tax  to  be  applied  exclusively  to  the  payment 
of  interest  on  the  bonds  of  said  cities  of  Birmingham 
and  Huntsville,  as  heretofore  issued  in  pursuance  of  law 
or  now  authoi'ized  by  laAv  to  be  issued,  and  for  a  sinking 
fund  to  pay  off  said  bonds  at  the  maturity  thereof;  and 
provided  further  ,that  this  section  shall  not  apply  to  the 
cities  of  Troy,  Attalla,  Gadsden,  Bessemer,  Wooodlawn, 
Brewton,  Pratt  City,  Ensley  and  Wylam  and  Avondale, 
Avhich  cities  may,  from  and  after  the  ratification  of  this 
Constitution,  levy  and  collect  an  additional  tax  not  ex- 
ceeding one-half  of  one  ])er  centum  per  annum,  and  pro- 
vided further,  that  this  section  shall  not  apply  to  the 
cities  of  Decatur  and     New    D(M-;itnr,     rnllman,    which 


Constitutional  Convention.  1310' 

■cities  may  from  ami  after  the  ratification  of  this  Cousti- 
tiitioii,  lev3'  ami  collect  an  additional  tax  not  exceeding 
three-tenths  of  one  per  centnm.  Such  special  tax  to  be 
.:api)lied  exclusively  to  paying"  the  current  expenses  of  the 
public  schools,  to  public  imx)i-ovements,  and  to  the  pa}'- 
nient  of  the  current  expenses  of  their  city  governments; 
"but  this  additional  tax  shall  not  be  levied  unless  author- 
ized by  a  majority  A'ote  of  the  qualified  electors  voting  at 
a  special  election  held  for  the  purpose  of  ascertaining 
Avhether  or  not  said  tax  shall  be  levied;  and  provided 
further  that  tlu^  i)nrpr.se  for  Avliich  such  special  tax  is 
sought  to  l)e  levied  shall  be  stated  in  such  election  call, 
and  if  authorized  the  revenue  derived  from  such  tax  shall 
be  used  for  no  other  purpose  than  that  stated;  and  pro- 
vided further,  that  the  additional  tax  authorized  to  be 
levied  l)y  the  city  of  Troy  shall,  when  so  levied  and  col- 
lected, be  used  exclusively  in  ]>ayments  of  bonds  and  in- 
terest coupons  thereon  hereafter  issued  in  the  adjust- 
ment of  the  present  bonded  indebtedness  of  said  city; 
and  provided  further  that  this  section  shall  not  apply  to 
the  city  of  Montgomei-y,  which  city  shall  have  the  right 
to  levy  and  collect  a  tax  of  not  exceeding  one-half  of  one 
percentum  per  year  upon  the  value  of  the  taxable  prop- 
erty therein,  as  fixed  for  State  taxation,  for  general  ex- 
penses, and  an  additional  tax  of  not  exceeding  three- 
fourths  of  one  per  centum  per  year  upon  the  value  of  the 
property  therein,  as  fixed  for  State  taxation,  to  be  de- 
voted exclusively  to  the  payment  of  its  public  debt,  in- 
terest thereon,  and  rene\>al  thereof,  and  to  tlu^  mainten- 
ance of  its  public  schools  and  public  conveniences;  and 
provided  further,  that  this  section  shall  not  apply  to  the 
town  of  Andalusia,  which  town  may  levy  and  collect  a 
tax  not  to  exceed  one-half  of  one  per  centum  in  addi- 
tion to  the  tax  of  one-half  of  one  percentum,  as  herein- 
"before  allowed  to  be  levied  and  collected;  such  special 
tax  to  be  applied  exclusively  to  the  payment  of  interest 
on  bonds  of  said  town  of  Andalusia  now  authorized  by 
law  to  lie  issued  ;  and  for  a  sinking  fund  to  pay  off  said 
bonds  at  the  maturity  thereof. 

Sec.  B.    Any  person,  firm,  association  or  corporation, 
who  may  construct  or  operate  any  public  utility  along  or 


1320 


Journal  of  Alabama 


across  the  public  streets  of  any  iiumicipal  eorporatioii,. 
under  auv  privilege  or  franchise  permitting  such  con- 
struction,"^ in  or  through  said  municipal  corporation, 
shall  be  liable  to  abutting  proprietors  for  the  actual 
damages  done  to  the  abutting  propert}^  on  account  of 
such  construction  or  operation. 

YEAS.. 


Messrs.  President, 

Almou, 

Altman, 

Ashcraft, 

Banks, 

Barefleld, 

Beddow, 

!  lethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bui;nett, 

Burns, 

Cardou, 

Carmichael  (Colbert; 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Eyster, 

"^/•^OV, 

Fitts, 

Foster, 

Freeman, 


(iilmore, 

(Hover, 

Craliam  (Montgomery), 

(Jrahaiu  (Talladega).. 

(Jrant, 

Grayson, 

( Jreer  ( Calhoun), 

Greer  (Perry), 

Handley, 

Harrison, 

II  ell  in  (Kandolph), 

Henderson, 

Hnod, 

How  ze, 

Inge, 

.1(mes  (Bibb), 

•Tones  ( \Vilcox), 

Kirk, 

Knight, 

Ledbetter, 

Locklin, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

Mai  one, 

Martin, 

Maxw.-ll, 

Alerrill. 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 


Constitutional  Con vention. 


1321 


Miirphree, 

NeSmitli, 

Norman, 

]!'Cor\vood, 

O'Neal  (J^auderdale), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Lilians, 

Pitts, 

Proctor, 

Rogers  ( Lowndes ) , 

Sam  ford, 

Sanders, 

Searcy, 

Sellieimer, 

Smith  (Mobile), 


Smith,  Mac.  A., 
Smith,  Morgan  M. 
So]  lie, 

Spears, 
Spragins, 
Stewart, 
Thompson, 
Vaughan, 
Waddell, 
Walker, 
Watts, 
^^'eakley, 
^Vhite,  " 
Whiteside, 

AMlliams  ( Barbour ) , 
Williams  ( Marengo ) , 
Wilson  (Clarke), 
^Vilson  (  Washington ) , 
Winn— 1U2. 


NAYS. 


Messrs.  Bjars, 
Cofer, 


Gates, 
Sanford — 4. 


The  Article  on  Exemptions  was  read  a  third  time  at 
length,  as  follows,  and  adopted:  Yeas,  106 j  nays,  1. 

Section  1.  The  personal  property  of  any  resident  of 
this  State  to  the  value  of  |1,000,  to  be  selected  by  such 
resident,  shall  be  exempted  from  sale  on  execution,  or 
other  process  of  any  court,  issued  for  the  collection  of 
any  debt  contracted  since  the  thirteenth  day  of  July, 
1868,  or  after  the  ratification  of  this  Constitution. 

Sec.  2.  Ever}'  homestead,  not  exceeding  80  acres,  and 
the  dwelling  and  appurtenances  thereon,  to  be  selected 
by  the  owner  thereof,  and  not  in  any  city,  town  or  vil- 
lage, or  in  lieu  thereof,  at  the  option  of  the  owner,  any 
lot  in  a  city,  town  or  village,  with  the  dwelling  and  ap- 
purtenances thereon  owned  and  occupied  by  any  resi- 
dent of  this  State,  and  not  exceeding  the  value  of  |2,000,. 


1322  Journal  of  Alabama 

shall  be  exempt  from  sale  ou  execution  or  anj  other  pro- 
cess from  a  court,  for  any  debt  contracted  since  the 
thirteenth  day  of  July,  18(58,  or  after  the  ratification  of 
this  Constitution.  Such  exemption,  however,  shall  not 
extend  to  any  mortgage  lawfully  obtained,  but  such 
mortgage,  or  other  alienation  of  said  homestead  by  the 
owner  thereof,  if  a  married  man,  shall  not  be  valid  with- 
out the  voluntary  signature  and  assent  of  the  wife  to 
the  same. 

Sec.  3.  The  homestead  of  a  family,  after  the  death  of 
the  owner  thereof,  shall  be  exempt  from  the  payment 
of  any  debt  contracted  since  the  thirteenth  day  of  July, 
1868,  or  after  the  ratification  of  this  Constitution,  in 
all  cases,  during  the  minority  of  the  children. 

Sec.  4.  The  provisions  of  Sections  1  and  2  of  this 
article  shall  not  be  so  construed  as  to  prevent  a  labor- 
ers' lien  for  work  done  and  performed  for  the  person 
claiming  such  exemption,  or  a  mechanic's  lien  for  work 
done  on  the  premises. 

Sec.  5.  If  the  owner  of  a  homestead  die,  leaving  a 
widow,  but  no  children,  such  homestead  shall  be  ex- 
€!mpt,  and  the  rents  and  profits  thereof  shall  inure  to 
her  benefit. 

Sec.  6.  The  real  or  personal  property  of  any  female 
in  this  State,  acquired  before  marriage,  and  all  prop- 
erty, real  or  personal,  to  which  she  may  afterwards  be 
entitled  by  gift,  grant,  inheritance  or  devise,  shall  be 
and  remain  the  separate  estate  and  property  of  such 
female,  and  shall  not  be  liable  for  any  debts,  obligations 
and  engagements  of  her  husband,  and  may  be  devised 
or  bequeathed  by  her,  the  same  as  if  she  was  a  feme 
sole. 

Sec.  7.  The  right  of  exemption  hereinbefore  secured, 
luay  be  waived  by  an  instrument  in  writing,  and  when 
such  waiver  relates  to  realty,  the  instrument  must  be 
signed  by  both  the  husband  and  the  wife,  and  attested 
liv  one  witness. 


Constitutional  Convention. 


132^ 


YEAS. 


Messrs.  President, 

AlmoLi, 

Altman, 

Ashcraft, 

I>;niks, 

Barefield, 

Beddow, 

Betbune, 

Blackwell, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Cardon, 

Carraichael  (Coffee), 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  ( Walker), 

Cornwell, 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Elev, 

Eyster, 

Espy, 

Fitts, 

Foster, 

Freeman, 

Cilniore, 

Glover, 

Graham  (Montgomery), 

(ir;ili;iiii   (  Talhidega), 

Grant, 

Grayson, 

Greer  (Calhoun), 


Greer  (Perry), 

Flandley, 

Harrison, 

Heflin  (Randolph), 

Henderson, 

Hood, 

Howze, 

Inge, 

Jenkins, 

Jones,  ( Bibb) , 

Kirk, 

Knight, 

Ledbetter, 

Locklin, 

Lomax, 

Lowe  ( Jefferson ) , 

?iracdonald, 

Malone, 

Martin, 

:\[jixwel!, 

>[errill, 

^ [  i  11  er  ( Marengo ) , 

Miller  (Wilcox), 

Moody, 

Murphree, 

NeBmith, 

Norman, 

Norwood, 

Gates, 

O'Nea  1  ( Lauderdale ) , 

Opp, 

G'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

J»ettus. 

Pillans, 

Pitts, 

Porter, 


1324 


Journal  of  Alabama 


Proctor, 

Keese, 

liOgers  ( Lowndes ) , 

Sam  ford, 

Sanders, 

Sanford^ 

Searcy, 

Selheimer, 

Smith   (Mobile), 

Smith,  Mac,  A., 

Smith,  Mors^an  M. 

Sollie, 

Spears, 

Spragins, 


Stewart, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

White,  ' 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke). 

Wilson  (Washington) 

^Vinll— 10(). 


XAYS. 


Mr.  Byars — 1. 

RKrORT  OF  THE  C0M:MITTEK  OX  AMKNDIXCx  THE  COXSTITU- 
TIOX    AXD    MISCELLAXEOrS    PROYISIOXS. 

Mr.  Foster,  chairman  of  the  Committee  on  Amend- 
ing the  C(mstitntion  and  Miscellaneous  Provisions, 
submitted  the  following  report,  which  was  read  at 
length  and  laid  on  the  table,  and  300  copies  of  the  same 
Avere  or<lei-ed  i)rinted  : 

Ordinance  449,  with  siiltstitute,  by  :Mr.  Browne: 
Report  of  the  Committee  on  Amending  the  Consti- 
tution  and   ^Miscellaneous   Provisions. 

Mr.  President: 

Your  Committee  on  Anu^ndiug  tlie  Constitution  and 
^fiscellaneous  Pi-ovisions,  to  which  was  referred  Ordi- 
nance Xo.  449,  l)y  ^Ir.  Browne  of  Talladega,  has  in- 
structed me  to  report  favorably  the  said  ordinance, 
Avith  the  following  substitute  for  the  same,  which  they 
recommend  be  adopted,  the  said  substitute  havinii'  been 
agreed  n])on  in  writing  by  those  op])osing  and  those 
favoring  said  Ordinance  No.  449. 

Respectfully  submitted, 

J.  ^r.  Foster.  Cliainnan. 


Constitutional  Convention.  1325 

All  ordinance  to  repeal  so  nmcli  of  ordinance  No. 
390,  as  amended,  and  adopted  by  this  (Convention  which 
applies  to  heats  8,  9  and  13  of  iShell)y  county. 

Be  it  ordained  by  the  i)eople  of  Ahibania  in  Conven- 
tion assembled,  that  the  siil)stitnte  for  ordinance  No. 
390,  to  provide  for  the  establishment  of  a  conrl  honse 
and  jail  in  St.  Clair  comity,  as  amended,  by  providing 
for  the  establishment  of  a  conrt  honse  and  jail  in  Shel- 
by county,  which  has  been  adopted  by  this  Convention, 
be  and  the  same  is  hereby  repealed,  so  far  as  tlie  same 
applies  to  beats  8,9  and  13  of  Shell)y  connty. 
unfinished  business. 

Tlie  <'onvent!<tn  i)i-oceeded  to  the  consid(M'ation  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Education. 

The  question  recurred  upon  the  adoption  of  the 
amendment  oft'ered  b^'  ]Mr.  O'Neal  of  Lauderdale  to  the 
amendment  offered  b}^  Mr.  Dent. 

By  unanimous  consent  Mr.  O'Neal  of  Lauderdale 
Avithdrew  his  amendment  and  inserted  in  lieu  of  the 
same  the  following  amendment  to  the  amendment  of- 
fered by  Mr,  Dent: 

Strike  out  the  following  words  in  line  three.  Section 
5,  of  article  "together  with  the  special  annual  tax  of 
30  cents  on  each  |100  of  taxa})le  property  in  this  State" 
and  insert  in  lieu  thereof  the  following:  "Together 
with  an  annual  appropriation  of  not  less  than  the 
amount  now  paid  by  the  State  therefor." 

And  add  at  the  end  of  the  section  the  following : 

And  provided  further  that  nothing  herein  contained 
shall  be  so  construed  as  to  prevent  the  Legislature 
from  first  providing  for  the  payment  of  the  State's 
bonded  indebtedness,  and  the  interest  thereon,  out  of 
all  Mie  i-evenues  of  the  State. 

Mr,  (Traliam  of  Talladega  moved  to  table  the  amend- 
ment oft'ered  by  Mr.  Dent,  and  the  amendment  to  the 
amendment  offered  by  Mr.  O'Neal  of  Lauderdale. 

A  division  of  the  question  was  demanded. 

The  amendment  of  Mr.  O'Neal  of  Lauderdale  was 
laid   upon   the  table. 


1326 


Journal  of  Alabama 


Tlie  question  recurred  upon  the  motion  of  Mr.  Gra- 
h;ui)  of  Talladei>rt  to  table  tlie  amendment  offered  hy 
Mr.  Dent. 

The  motion  prevailed  and  the  amendment  was  laid 
upon  the  table. 

Mr.  (Iraham  of  Talladega  offered  the  following- 
amendment  to  Section  5: 

Amend  Section  5  bv  adding  at  the  end  thereof  the 
following:  "And  provided  further,  that  nothing  here- 
in contained  shall  prevent  the  Legislature  from  first 
providing  for  the  payment  of  the  State's  bonded  in- 
debtedness and  interest  thereon  out  of  all  the  revenues 
of  the  State." 

The  amendment  was  adopted. 

On  motion  of  Mr.  Graham  of  Talladega  Section  5,  as 
amended,  was  adopted:  Yeas,  81;  nays  19. 


YEAS. 


Messrs.  President. 

Almon, 

Altman, 

Ashcraft, 

Barefiold, 

Bartlett, 

Beddow, 

Bethune, 

Black  well, 

Boone, 

Browne, 

liulger, 

Burnett, 

Byars, 

Gardon, 

Carmichael  (Colbert), 

Cobb, 

Gofer, 

Coleman  (Greene), 

Davis  (DeKalbK 

Davis  (Etowah ), 

Evster, 


Espy, 
Ferguson, 
Fletciier, 
l\)shee, 
i'oster, 
I'rceman, 
i  lilmore, 
Glover, 

Griham  ( Talladega ) , 
Grant, 
Grayson, 
Greer  (Perry), 
Handley, 

Deflin  (Randolph), 
f  [owze, 
Inge, 
J.^ckson, 
Jenkins, 
Jones  (Bibb), 
Jones  (Wilcox), 
ICirk, 
Knight, 


Constitutional  Convention. 


1327 


Led  better, 

i.ockJin, 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

^Mncdonald, 

Malone, 

Martin, 

^Maxwell, 

Miller  (Marengo), 

.Mil  1(1-  (  Wileox  i, 

Miilkty, 

Norman, 

Xnrwood, 

O'Xeal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 


Parker  ( Elmore ) , 

Pettiis, 

Phillips, 

Pillans, 

Porter, 

Proctor, 

lieese, 

Rogers  ( Lowndes ) , 

Sanders^ 

Smith  ([Mobile), 

Smith,  Mac.  A., 

Spragins, 

Stewart, 

T]\ompson, 

White, 

Williams  (Barboup), 

Wilson  (Clarke), 

Wilson  (Washington) — SL 


NAYS. 


Messrs.  Banks,  iMtir^, 

Chapman,  San  ford, 

Craig,  Scarc.y, 

Dent,  Selheimer, 

Elev,  Vaiighan, 

Henderson,  \A'addell, 

Jones  ( Montgomery) ,  Wal ker, 

Merrill,  Watts, 

Murphree,  Whiteside- 
Oates, 


-19. 


TAIRS    ANNOT^NCED. 

The  following  pairs  were  announced : 

Messrs.  Fitts  and  Winn,  Greer  of  Calhoun  and  Har- 
rison, Long  of  Walker  and  Jackson.  Messrs.  Fitts, 
Greer  of  Calhonn  and  Long  of  Walker  would  vote  aye; 
and  Messrs.  Winn,  Harrison  and  Jackson  would  vote 
nay. 


1328  Journal  of  Alabama 

reconsideration. 

Mr.  Long  of  Walker  moved  to  reconsider  the  vote  by 
which  Section  5  of  the  Article  ou  Education  was  adopted 
and  then  moved  to  lay  his  motion  to  reconsider  ou  the 
table. 

Mr.  Long  of  AValker  thereupon  moved  a  suspension 
of  the  rules  in  order  to  proceed  to  the  immediate  con- 
sideration of  his  motion  to  reconsider. 

The  motion  to  suspend  the  rules  was  lost. 

ADJOURNMENT. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Education,  ou  motion  of  Mr.  Cobb 
the  ConX^ention  adjourned  until  9  o'clock  to-morrow 
mornin"". 


SEVENTY  SECOND  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Thursday,  August  15,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Howell  of  the  Conven 
tion. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Beavers, 

Altman,  Beddow, 

Ashcraft,  Bethune, 

Banks,  Rlackwell, 

Barefield,  Boone, 

Bartlett,  Brooks, 


Constitutional  Convention. 


1329 


Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmicbael  (Colbert), 

Carmicliael  (Coffee), 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Craio', 

Cviuningham, 

Davis  (DeKalb), 

Davis  (Etowab), 

Dent, 

Eley, 

Eyster, 

Espy, 

Pitts, 

Foster, 

Freeman, 

Gilmore, 

Clover, 

Grabam  (Talladega), 

Grant, 

Grayson, 

Greer  (Calboun), 

Greer  (PerryJ, 

Handley, 

Harrison, 

TTeflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

84 


Jones  (Wilcox), 

Kirk, 

Knight, 

Kyle, 

J-ockliu, 

Lorn  ax, 

Lowe  (Lawrence), 

McMillan  (Baldwin), 

.Mc.^Iillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Moody, 

Mulkey, 

Mnrphree, 

\e  Smith, 

Norman, 

Norwood, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Pro<-tor, 

Rogers  (Lowndes), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sloan, 

Smith    (Mobile), 

Smitb,  Mac.  A. 

Smith,  Morgan  M., 


1330  Journal  of  Alabama 

Stewart,  Watts, 

Studdard,  AVeakley, 

Tayloe,  Weatlierlj^, 

Thompson,  White, 

Vauiihaii,  Whiteside, 

Waddell,  Williams  (Barbour), 

Walker,  Winn— 107. 

QUESTION   OF   PERSONAL   PRIVILEGE. 

Messrs.  Heflin  of  Chambers,  and  Waddell  arose  to 
questions  of  personal  privilege,  and  proceeded  to  state 
their  question  of  personal  privilege, 

LEAVE   OF   ABSENCE 

Was  granted  to  Messrs.  Oates,  Macdonald  for  to-day ; 
Ledbetter  for  to-day  and  to-morrow;  Porter  for  Friday,, 
Saturday  and  Monday ;  Gilmore  for  Friday  and  Satur- 
day; Duke  and  Haley  for  to-day. 

REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  seventy-first 
day  of  the  Convention,  and  that  the  same  is  correct. 

Eespectfull}^  submitted, 

John  F.  Proctor,  Chairman. 

On  motion  of  ^Mr.  White,  the  Committee  on  Order,  Con- 
sistency and  Harmony  of  the  Whole  Constitution,  was 
granted  leave  to  sit  during  the  sessions  from  day  to  day 
the  remainder  of  the  session  of  the  Convention. 

PRIVILEGES  OF  THE  FLOOR. 

On  motion  of  ^Ir.  ]\rac.  A.  Smitli  tl)e  privileges  of  the 
floor  were  extended  to  Hon.  H.  A.  Livingston. 


Constitutional  Contention.  1331 

resolutions  on  first  reading. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Resolution  299,  by  Mr.  Burns  : 

Resolved,  That  there  should  be  no  attempt  to  shut  off 
delegates  who  nmy  desire  to  offer  ordinances,  resolu- 
tions or  amendments,  by  motions  to  table  or  calling  the 
previous  question. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  300,  by  Mr.  Cardon: 

Whereas,  It  is  now  beyond  all  reasonable  doubt  ap- 
parent that  many  of  the  sections  of  this  State  believe 
that  all  persons  now  in  office  in  Alabama,  or  that  all  per- 
sons who  may  hereafter  be  called  upon  to  fill  such  offices, 
are  for  sale,  the  price  being  fixed  by  the  amount  of 
travel,  in  a  year,  that  may  be  required  or  desired  to 
take  over  the  different  railroads  within  this  State;  and 

Whereas,  It  is  the  desire  and  duty  of  this  Convention 
to  forestall  this  market  by  relieving  such  railroads  from 
the  necessity  of  making  bids  for  or  buying  the  officer;^ 
and  servants  of  Alabama  with  railroad  free  passes,  and 
also  by  removing  from  such  officers  and  servants  the 
temptation  of  selling  themselves  to  such  railroads  at  the 
price  of  a  railroad  free  pass;' 

Be  it  therefore  resolved  hj  the  people  of  Alabama  in 
Convention  assembled,  that  all  the  railroads  within  the 
State  of  Alabama  be  and  they  are  hereby  re(iuired  to 
issue  free  passes  over  the  lines  of  such  railroads  within 
this  State  to  all  the  judges  of  courts  of  record  in  Ala- 
bama, and  to  all  the  officers  of  such  courts;  and  also  to 
all  the  State  officers  of  Alabama,  and  to  their  employes ; 
and  also  to  all  members  and  employes  of  the  future  Leg- 
islatures of  this  State ;  and  also  to  all  delegates  to  any 
State  Convention  that  mnj  be  hereafter  called  in  Ala- 
bama. 

The  resolution  was  referred  to  the  Committee  on 
Corporations. 

Resolution  301,  by  Mr.  Rogers,  of  Lowndes : 


1332  Journal  of  Alabama 

Resolved,  That  after  this  Convention  has  adopted  this 
Constitution  that  five  thousand  (5,000)  copies  of  it  be 
printed  in  pamphlet  form,  for  distribution  throughout 
the  State,  and  that  six  (G)  copies  be  sent  to  each  mem- 
ber by  the  Secretary  of  the  Convention;  that  the  Com- 
mittee on  Printing-  be  instructed  to  contract  for  the 
printing  and  distribution  of  the  same  and  report  to  the 
Convention  the  cost  of  the  same. 

The  resolution  was  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 

Resolution  302,  by  Mr.  Sloan: 

Resolved,  That  hereafter  this  Convention  meet  in  the 
afternoon  sessions  at  3  o'clock  and  adjourn  at  6  o'clock. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  303,  by  Mr.  Heflin,  of  Chambers: 

Whereas,  The  Article  on  Judiciary  has  been  laid  upon 
the  table,  and 

Whereas,  The  Judiciary  Committee  has  indefinitely 
postponed  an  ordinance  which  provides  for  electing  Soli- 
citors by  tlie  General  Assembly  and  retaining  the  pres- 
ent Circuit  Solicitor  system,  and 

Whereas,  The  Convention  desires  ordinance  No.  — 
reported  back  speedily  and  favorably  to  the  Convention. 

Be  it  resolved,  That  a  special  committee  be  raised  for 
the  purpose  of  considering  and  reiDorting  said  ordinance 
No.  — ,  and  said  committee  shall  be  composed  of  the 
President  of  this  Convention,  Smith  of  Mobile,  White, 
Coleman  of  Greene,  Gates,  O'Neal  of  Lauderdale,  Gra- 
ham of  Talladega,  Browne,  Jones  of  Montgomery,  Lo- 
max,  Harrison,  Pitts,  Howze,  Wilson,  Fletcher,  Weak- 
ley, Parker  of  Cullman,  Hood,  Foster,  Proctor,  Heflin 
of  Randolph. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows: 


Constitutional  Convention.  1333 

Ordinance  452,  "by  Mr.  Coleman,  of  Greene : 

Providing  for  the  election  of  Solicitors  for  each  Judi- 
cial circuit  in  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  453,  by  Mr.  Poshee : 

Providing  for  the  registration  of  colored  electors. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  454,  by  Mr.  Sanford : 

To  repeal  that  part  of  Section  11  of  the  Article  on 
Municipal  Corporations  which  affects  the  city  of  Mont- 
gomery. 

The  ordinance  was  referred  to  the  Committee  on 
Municipal  Corporations. 

Ordinance  455,  by  Mr.  Heflin,  of  Chambers: 

Providing  for  the  adoption  of  an  article  on  the  Judi- 
cial department. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

ORDINANCE  455. 

Mr.  Heflin  of  Chambers  moved  that  the  rules  be  sus- 
pended and  that  ordinance  455  be  laid  upon  the  table,  to 
be  taken  up  and  referred  to  the  special  committee  pro- 
posed to  be  raised  under  resolution  303,  introduced  by 
himself. 

The  motion  of  Mr.  Heflin  of  Chambers  was  lost :  Yeas^ 
21 ;  nays,  77. 

YEAS. 

Messrs.  Barefleld,  Heflin  (Chambers), 

Burns,  Heflin  (Randolph), 

Carmichael  (Colbert),  Inge. 

Carmichael  (Coffee),  Jackson, 

Glover,  Jenkins, 

Grayson,  Jones  (Wilcox), 

Greer  (Calhoun),  Fv night, 

Handley,  Lomax, 


1334 


JouENAL  OF  Alabama 


Lowe  (Jefferson), 

Proctor, 

Opp, 

Sanford, 

O'Rear, 

Sentell, 

Parker  (Cullman), 

Smith,  Morgan  M. — 24. 

NAYS. 

Messrs.  Altman, 

Howze, 

Ashcraft, 

•lones  (Bibb), 

Banks, 

Kyle, 

Bartlett, 

Long  (Walker), 

Beddow, 

Lowe  (Lawrence), 

Blackwell, 

Mc^Iillan  (Baldwin). 

Boone, 

Mai  one, 

Brooks, 

jMartin, 

Bulger, 

Miller  (Wilcox), 

Burnett, 

Moody, 

Byars, 

Mulkey, 

Cardon, 

IMurphree, 

<3liapman, 

NeSmith, 

Cobb, 

Norman, 

Cofer, 

O'Neal  (Lauderdale), 

Craig^ 

Palmer, 

Davis  (DeKalb), 

Parker  (Elmore), 

Davis  (Etowah), 

Pcttn.s. 

Dent, 

Pillans, 

Eley, 

Pitts, 

Eyster, 

Porter, 

Espy, 

Reynolds  (Chilton), 

Fitts, 

Sam  ford. 

Foshec, 

Sanders, 

Freeman, 

Selheimer- 

Gilmore, 

Sloan, 

Graham  ( Montgomery ) , 

Smith,  Mac.  A., 

Graham  (Talladega), 

Spears, 

Grant, 

Spragins, 

Greer  (Perry), 

Stnddard, 

Henderson, 

Tayloe, 

Hodges, 

Thompson, 

Hood, 

Van  all  an. 

Howell, 

Waddell, 

Constitutional  Convention.  1335 

Walker,  Williams  (Barbour), 

Watts,  Wilson  (Clarke), 

Weakley,  Wilson  (Washington), 

White,  Wirn — 77. 
Whiteside, 

PAIR  ANNOUNCED, 

Tlie  fo]lowin«4  pair  was  announced : 

Messrs.  Williams  of  Marengo  and  Smith  of  Mobile, 
yiv.  AVilliams  of  Marengo  would  vote  aye;  and  Mr.  Smith 
of  ^lobile  would  vote  nay. 

Mr.  Heflin  of  Chambers  moved  that  the  Convention 
resolve  itself  into  a  committee  of  the  whole. 

Mr.  Graham  of  Talladega  raised  the  point  of  order 
that  under  the  rules  that  all  ordinances  must  be  referred 
to  appropriate  committees  immediately  after  the  first 
reading. 

The  point  of  order  was  sustained,  and  the  resolution 
(255)  was  referred  to  the  Committee  on  Judiciary, 

UNFINISHED  BUSINESS, 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  wa^^  the  report  of  the  Com- 
mittee on  Education. 

section  six. 

Was  read  at  length  as  follows  and  adopted. 

Sec.  6.  Not  more  than  4  per  cent,  of  all  moneys  raised 
or  which  may  hereafter  be  appropriated  for  the  support 
of  public  schools,  shall  be  used  or  expended  otherwise 
than  for  the  payment  of  teachers  employed  in  such 
schools;  provided,  that  the  General  Assembly  may,  by 
a  vote  of  two-thirds  of  each  House,  suspend  the  opera- 
tion of  this  section, 

section  seven. 

Was  read  at  length  as  follows,  and  adopted : 

Sec.  7.    The  supervision  of  the  public  schools  shall  be 


1336  Journal  of  Alabama 

vested  in  a  Superintendent  of  Education,  whose  powers, 
duties  and  compensation  shall  be  fixed  hj  law. 

SECTION   EIGHT. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  8.    No  money  raised  for  the  support  of  the  public 
schools  of  the  State  shall  be  appropriated  to  or  used  for 
the  support  of  any  sectarian  or  denominational  school. 

SECTION   NINE. 

Was  read  at  length  as  follows : 

Sec.  9.  The  State  University  and  the  Agricultural 
and  Mechanical  College,  now  called  the  Alabama  Poly- 
technic Institute,  shall  each  be  under  the  management 
and  control  of  a  Board  of  Trustees.  The  Board  for  the 
University  shall  consist  of  two  members  from  the  Con- 
gressional district  in  which  the  University  is  located, 
and  one  from  each  of  the  other  Congressional  districts 
in  the  State.  The  Board  for  the  Agricultural  and  Me- 
chanical College  shall  consist  of  two  members  from  the 
Congressional  district  in  which  the  college  is  located 
and  one  from  each  of  the  other  Congressional  districts 
in  the  State,  said  Trustees  shall  be  appointed  by  the 
Governor  by  and  with  the  advice  and  consent  of  the ' 
Senate,  and  shall  hold  office  for  a  term  of  six  years  and 
until  their  successors  shall  be  appointed  and  qualified. 
After  tlie,  first  apix>intment  each  Board  shall  be  divided 
into  three  classes,  as  nearly  equal  as  may  be.  The  seats 
of  the  first  class  shall  be  vacated  at  the  expiration  of 
two  years,  and  those  of  the  second  class  in  four  years, 
and  those  of  the  third  class  at  the  end  of  six  years  from 
the  date  of  appointment,  so  that  one-third  may  be  chosen 
biennially.  No  Trustee  shall  receive  any  pay  or  emolu- 
ment other  than  his  actual  expenses  incurred  in  the  dis- 
charge of  his  duties  as  such.  The  Governor  shall  be  ex- 
offlcio  President,  and  the  Superintendent  of  Education 
ex-officio  member  of  each  of  said  Boards  of  Trustees. 

The  following  minority  rejport  to  %ction  9  was  read 
at  lenffth  as  follows: 


Constitutional  Convention.  1337 

Therefore,  the  undersigned  minority  of  your  Com- 
mittee on  Education  recommends  that  the  words  "each 
of  said  Boards  of  Trustees"  at  the  end  of  Section  9  of  the 
report  he  stricken  out,  and  tbat  there  shall  be  added  in 
lieu  thereof  the  words  "the  Board  of  Trustees  of  the 
Alabama  Polytechnic  Institute.  The  Superintendent  of 
Education  shall  be  ex-officio  a  member  of  the  Board  of 
Trustees  of  the  University;  and  the  said  board  shall 
elect  its  own  president." 

Mr.  Foster  offered  the  following  substitue  for  the 
minority  report  to  Section  9  : 

Amend  minority  report  on  Section  9  of  Article  on 
Education  by  striking  out  of  said  Section  all  therein  that 
applies  to  the  State  University,  and  by  adding  at  the  end 
of  Section  the  following : 

"The  State  University  shall  be  under  the  management 
and  control  of  a  Board  of  Trustees,  which  shall  consist 
of  two  members  from  the  Congressional  district  in  which 
the  University  is  located,  and  one  from  each  of  the  other 
Congressional  districts  in  the  State;  and  the  Superin- 
tendent of  Education,  and  the  Governor,  who  shall  be 
ex-officio  president  of  the  Board.  The  members  of  the 
Board  of  Trustees  now  existing  shall  hold  office  until 
their  respective  terms  expire  under  existing  law,  and 
until  their  successors  shall  be  elected  and  confirmed  as 
hereinafter  required.  When  the  term  of  any  member  of 
such  board  shall  expire,  the  remaining  members  of  the 
board  shall,  by  secret  ballot,  elect  his  successor.  At 
every  meeting  of  the  Legislature  the  Superintendent  of 
Education  shall  certify  to  the  Senate  the  names  of  all 
who  shall  have  been  so  elected  since  the  last  session  of 
the  Legislature,  and  the  Senate  shall  confirm  or  reject 
them,  as  it  shall  determine  as  for  the  best  interest  of  the 
University,  If  it  reject  the  names  of  any  members,  it 
shall  thereupon  elect  trustees  in  the  stead  of  those  re- 
jected. The  trustees  who  shall  hereafter  be  elected  and 
confirmed  shall  hold  office  for  a  term  of  six  years  from 
the  date  of  their  confirmation  or  election  by  the  Senate, 
and  until  their  successors  shall  be  elected  and  confirmed. 
No  trustee  shall  receive  any  pay  or  emolument  other  than 
his  actual  expenses  incurred  in  the  discharge  of  his 
duties  as  such. 


1338 


Journal  of  Alabama 


Mr,  Fitts  offered  the  follo^ying•  amenduient  to  the  sub- 
stitute ottered  bj  Mr.  Foster,  which  was  adopted  by 
unanimous  consent : 

Add  to  the  substitute  the  folk) wing  words :  "No  trustee 
shall  hold  office  for  more  than  twelve  successive  .ve<irs." 

Mr.  Pettus  moved  to  table  the  substitute  ottered  by 
Mr,  Foster. 

The  motion  was  lost:  Yeas,  14;  nays,  97. 


YEAS. 


Messrs.  Altman, 

Ashcraft, 

Bethune, 

Cofer, 

Eley, 

I'^oshee, 

Harrison, 


H  ridges, 

Merrill, 

Opp, 

Pettus, 

Proctor, 

Vaughan, 

AVilliams  (Barbour) — 14. 


NAYS. 


INIessrs.  Almon, 
Banks, 
Barefileld, 
Bartlett, 
Bedflow, 
Blackwell, 
Boone, 
Browne,     • 
Bulger, 
Burnett, 
Burns, 
Byars, 
Hardon, 

Oarmichael   ( Colbert) 
Carmichael  (Coffee), 
Chapman, 
Cobb, 

Coleman  (Greene), 
Cornwell, 
Cunningham, 


Dent, 
Fvster, 

I-'crguscn, 
^itts, 
Foster, 
I'^ieeman, 
Cilmore, 
Glover, 

Graham  (Montgomery), 
Graham  ( Talladega ); 
Grant, 
Grayson, 

Greer  (Calhoun), 
Haudley, 

Roflin  (Chambers), 
Roflin  (Randolph), 
Henderson, 
Hi  n son. 
Hood, 


Constitutional  Convention. 


1839 


Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones,  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Locklin, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Mai  one, 

Martin, 

Maxwell, 

:\liller  (Wilcox), 

Miilkey, 

Murphree, 

NeSmith, 

Norwood, 

O'Neal   (Lauderdale), 

O'Neill  (Jefferson), 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Phillips, 


Pillans, 

Pitts, 

Porter, 

Iveese, 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Samford, 

Sanderij, 

Stmford, 

Searcy, 

Sentell, 

Sloan, 

Smith  (Mobile), 

hihitii,  jMac.  A,, 

Smith,  Morgan  M., 

Spears, 

Spragins, 

Stewart, 

Stnddard, 

Tayloe, 

Thompson, 

Waddell, 

Walker, 

Watts, 

Whiteside, 

Wilson  (Clarke), 

Wilson   ( Washing-ton ) , 

Winn— 97. 


The  question  recurred  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Foster  for  the  minority  report, 
and  the  amendment  offered  by  Mr.  Fitts  to  the  substi- 
tute offered  by  Mr.  Foster. 

A  division  of  the  question  was  demanded.. 

The  amendment  offered  by  Mr.  Fitts  to  the  substi- 
tutf»  offered  by  Mr.  Foster  was  adopted. 

The  question  recurred  upon  the  adoption  of  the  sub- 
stitute offered  bv  Mr.  Foster  as  amended  by  the  amend- 
ment of  Mr.  Fitts. 


1340  Journal  of  Alabama 

The  substitute  as  amended  was  adopted. 

Ou  motion  of  Mr.  Pettus  the  minority  report,  a» 
amended,  was  adopted. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 9 : 

Amend  Section  9  by  adding  at  the  end  of  said  section 
the  words:  ''Neither  the  Legislature  nor  any  board  of 
trustees  for  the  control  and  management  of  the  Univer- 
sity of  Alabama,  or  the  Alabama  Poh'technic  Institute 
at  Auburn,  shall  have  authority  or  power  to  abolish  the 
system  of  military  education  in  existence  at  those  insti- 
tutions of  learning. 

On  motion  of  .Mr.  Lomax  the  amendment  was  laid 
upon  the  table. 

Section  9  was  thereupon  adopted  as  amended. 

SECTION  TEN. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  10.  The  General  Assembly  shall  have  no  power 
to  change  the  location  of  the  State  University  or  the 
Agricultural  and  Mechanical  College,  or  the  institu- 
tions for  deaf  and  blind,  or  the  Alabama  Girls'  Indus- 
trial School,  as  now  established  by  law,  except  upon  a 
\T)te  of  two-thirds  of  the  General  Assembly,  taken  by 
yeas  and  nays  and  entered  upon  the  Journals. 

SECTION   ELEVEN. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  11.  The  General  Assembly  shall  provide  for  tak- 
ing a  school  census  by  townships  and  districts  through- 
out the  State  not  oftener  than  once  in  two  years,  and 
shall  provide  for  the  punishment  of  all  persons  or  offi- 
cers making  false  and  fraudulent  enumerations  and  re- 
turns; provided,  the  State  Superintendent  may  order 
and  supervise  the  taking  of  a  new  census  in  any  town- 
ship, whenever  he  may  have  reasonable  cause  to' believe 
that  false  or  fraudulent  returns  have  been  made. 


Constitutional  Convention.  1341 

section  twelve. 

Was  read  at  length  as  follows : 

Sec.  12.  The  several  counties  in  this  State  shall  have 
power  to  levy  and  collect  a  special  tax  not  exceeding  10 
cents  on  each  |100  of  taxable  property  in  such  counties, 
for  the  support  of  public  schools;  provided,  that  the 
rate  of  such  tax,  the  time  it  is  to  continue,  and  the 
purpose  thereof  shall  have  been  first  submitted  to  a 
vote  of  the  qualified  electors  of  the  county  and  voted 
for  by  three-fifths  of  those  voting  at  such  election ;  but 
the  rate  of  such  special  tax  shall  not  increase  the  rate 
of  taxation.  State  and  county  combined,  in  any  year, 
more  than  fl.25  on  each  |100  of  taxable  property;  ex- 
jcluding,  however,  all  special  county  taxes  for  public 
■buildings,  roads,  bridges  and  payment  of  debts  existing 
at  the  ratification  of  the  Constitution  of  1875 ;  provided, 
that  such  funds  so  raised  shall  be  apportioned  and 
paid  through  the  proper  school  officials  to  the  several 
schools  in  the  townships  and  districts  in  said  county, 
that  the  school  terms  of  the  respective  schools  shall 
be  extended  by  each  supplement  as  nearly  the  same 
length  of  time  as  practicable. 

The  Greneral  Assembly  shall  provide  for  carrying  the 
provisions  of  this  section  into  effect. 

The  following  minority  report  to  Section  12  was  read 
at  length  as  follows : 

12.  It  shall  be  the  duty  of  the  County  Sup- 
erintendent of  Education,  or  other  school  officer 
in  each  county,  by  and  with  the  advice  and 
consent  of  the  Court  of  County  Commissioners,  or  body 
of  like  jurisdiction,  to  organize  the  white  people  of  the 
county  into  Avhite  school  districts,  and  the  colored  peo- 
ple of  the  county  into  colored  school  districts,  accord- 
ing to  their  respective  needs  and  advantages,  without 
reference  to  each  other  as  to  territorial  boundaries;  pro- 
vided, no  incorporated  town  or  city  maintaining  a  sys- 
tem of  public  schools,  as  provided  by  law,  shall  be  sepa- 
rated into  districts  without  the  consent  of  the  Mayor  and 
Board  of  Aldermen  of  such  citv  or  town. 


1342  Journal  of  Alabama 

For  the  purpose  of  building,  enlarging,  improving  or 
furnishing  school  houses  in  any  district  or  for  the  pur- 
pose of  supplementing  the  general  school  fund  received 
from  Federal,  State,  county,  municipal  and  other  sources 
the  Court  of  County  Commissioners,  or  body  of  like 
jurisdiction,  shall,  as  hereinafter  provided,  levy  a  spe- 
cial assessment  of  not  more  than  one-tenth  of  one  per 
centum  in  any  one  year,  upon  the  propert}'  of  white  per- 
sons situated  in  one  white  district,  or  upon  the  property 
of  colored  persons  situated  in  a  colored  district;  pro- 
vided, no  such  levy  shall  be  made  except  upon  the  re- 
quest of  three-fifths  of  the  voters  voting  at  an  election, 
held  for  that  purpose  and  residing  in  the  district. 
At  such  election  in  a  white  school  district  only 
qualified  white  electors  shall  be  permitted  to  vote,  and 
in  colored  school  districts  onl^'  qualified  colored 
electors  shall  be  permitted  to  vote.  It  shall  be  the  duty 
of  the  Probate  Judge  to  order  such  election  in  any 
district  upon  the  petition  of  not  less  than  one-fourth  of 
the  voters,  who  will  be  entitled  to  vote  at  such  election. 
The  order  for  such  an  election  shall  state  the  purpose 
for  which  it  is  proposed  to  make  the  assessment,  the 
rate  of  the  proposed  assessment,  and  the  number  of 
years  during  which  such  assessment  is  proposed  to  be 
made.  Notice  of  such  election  shall  be  given  and  the 
election  held  in  such  manner  as  may  be  provided  by  law 
for  such  special  elections.  No  proposition  shall  be 
made  at  any  such  election  to  k^yy  such  s]>ecial  assess- 
ment during  a  period  of  more  tluin  four  years. 

\Mu^n  any  property  belonging  to  a  corporation, 
situated  in  a  white  school  district  where  a  special  as- 
sessment is  to  be  made  as  herein  provided,  such  assess- 
ment shall  be  levied  upon  such  proportion  of  the  value 
of  such  property  as  the  number  of  white  children  of 
school  age  in  the  county  bears  to  the  whole  number  of 
children  of  school  age  in  the  county.  When  such  prop- 
erty is  situated  in  a  colored  school  district  where  such 
assessment  is  made,  it  shall  be  levied  u])ou  such 
proportion  of  the  value  thereof  as  the  number  of  colored 
children  of  school  age  in  the  county  bears  to  the  whole- 
number  of  children  of  school  age  in  the  county. 


Constitutional  Convention. 


1343 


RECESS. 

Pending  the  further  consideration  of  the  report  of  the 
Committee  on  Education,  the  hour  of  1  o'clock  having 
arrived,  under  the  rules,  the  Convention  recessed  until 
3  :30  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs.  President, 

Ashcraft, 

Banks, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burns, 

Byars, 

Pardon, 

Carmichael  (Colbert), 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 


Dent, 

Eley, 

Eyster, 

rCspy, 

I'^itts, 

Fosliee, 

Foster, 

Freeman, 

(th)ver, 

Orahara  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

(Jreer  (Perry), 

Randley, 

Harrison, 

Hefiin  (Chambers), 

Hefiin  (Randolph), 

FTeuderson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 


:;1344 


Journal  ob^  Alabama 


Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 

Knii>lit, 

Kyle, 

Ledbetter, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

Malone, 

Martin, 

^Maxwell, 

Merrill, 

Moody, 

Mulkey, 

Murphree, 

Norman, 

Norwood, 

O'Neill  (Jefferson), 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pectus, 

Phillips, 

Pillans, 


Pitts, 

Porter, 

Proctor^ 

Reese, 

Reynolds  (Chilton), 

Reynolds   (Henry), 

Ro<;ers   ( Lowndes ) , 

Sam  ford, 

Sanders, 

San  ford, 

Searcy, 

Selheimer, 

Sen  tell. 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M,, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Weakley, 

White, 

Whiteside, 

Williams  (Barbour), 

Wilson  ( Washington ) 


QUESTION   OF   PERSONAL   PRIVILEGE. 


Mr.  Heflin  of  Chambers  arose  to  a  question  of  personal 
privilege,  and  proceeded  to  state  his  question  of  per- 
sonal privilege. 


UNFINISHED  BUSINESS. 


The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Education. 


Constitutional  Convention. 


1345 


Tlie  question  recurred  upon  the  adoption  of  the  mi- 
nority report  to  Section  2,  of  the  Article  on  Education. 

Mr.  Graham  of  Talladega  moved  to  table  the  amend- 
ment offered  by  the  minority  to  Section  12  of  the  report 
of  the  Committee  on  Education. 

The  motion  to  table  prevailed:  Yeas,  90;  nays,  31. 


YEAS. 


Messrs.  President, 

Altman, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Boone, 

Brooks, 

Browne, 

Burnett, 

Byars, 

Carmichael  ( Colbert ) , 

Carmichael  (Coffee), 

Chapman, 

Cobb, 

Cofer, 

Coleman  ( Walker ) , 

Cunningham, 

Dent, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Foster, 

Freeman, 

(rilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

85 


Greer  (Calhoun), 
Greer  (Perry), 
Uaiey, 
Handley, 
Harrison, 
E[end2rson, 
Hinson, 
Hood, 
Howell, 
Howze, 
Inge, 
Jackf^on, 
Jenkins, 

Jones  (Montgomery), 
Jones  (Wilcox), 
Kirk, 
Knight, 
Kyle, 
Lomax, 

Lowe  (Jefferson), 
McMillan  (Baldwin), 
Martin, 
Maxwell, 
Merrill, 

Miller  (Wilcox), 
Mulkey, 
Murphree, 
NeSmith, 
Norman, 
Norwood, 
O'Neal  (Lauderdale), 


1346 


Journal  of  AlaMma 


O'Neill  (Jefferson), 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Phillips, 

Pillans, 

Pitts, 

Proctor, 

Reese, 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Samford, 

Sanford, 

Searcy, 

Selheimer, 


Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A.» 

Spears, 

Tayloe, 

Vaiighan, 

Waddell, 

Walker, 

Watts, 

White, 

Whiteside, 

Williams  (Barbour), 

Winn— 00. 


NAYS. 


Messrs.  Almon, 

Ashcraft, 

Banks, 

Barefield, 

Blackwell, 

Bulger, 

Burns, 

Cornwell, 

Davis  (Etowah), 

Foshee, 

Grayson, 

Hefl i n  ( Chambers ) , 

Heflin  (Randolph), 

Hodges, 

Jones  (Bibb), 

Locklin. 


Long  (Walker), 

Lowe  (Lawrence), 

Macdonald, 

Malone, 

Moodv, 

Opp,  " 

O'Rear, 

Pettus, 

Sanders, 

Smith,  Morgan  M., 

Spragins, 

Thompson, 

Weaklev, 

Wilson''(  Clarke) 

Wi Ison  ( Washi  ngton )  — 3 1 . 


Mr.  Graham  of  Talladega  offered  the  following^ 
fVmendment  to  Section  12,  which  was  adopted: 

Amend  Section  12,  in  line  9,  after  ligures  1875,  by  in- 
serting the  following:  "For  which  special  county  taxes 
not  exceeding  one-fourth  of  1  per  cent,  may  be  levied 
and  collected.'' 


Constitutional  Convention.  1347 

Mr.  Graham  of  Talladega,  cliairiiiau  of  the  Committee 
on  Education,  offered  the  following  amendment  to  Sec- 
tion 12,  which  was  adopted  : 

Amend  Section  12  by  adding  at  the  end  of  line  13  the 
follo\^ing  words,  viz. :  ''And  provided  that  the  provisions 
of  this  section  shall  not  apply  to  the  cities  of  Decatnr, 
New  Decatnr  and  Cullman."' 

Mr.  Cobb  offered  the  following  amendment  to  Section 
12: 

Amend  by  adding  to  the  close  of  Section  12  the  follow- 
ing: ''And  provided  further  that  the  Legislature  may 
authorize  the  levying  of  said  tax  within  the  municipali- 
ties in  said  county,  when  no  tax  has  l)een  levied  in  the 
county  for  this  purpose;  i)rovided,  that  the  levy  of  the 
same  be  authorized  by  a  three-fifths  vote  of  the  qualified 
voters  within  such  territorial  limits  as  above  provided." 

Mr.  Fitts  ottered  the  following  amendment  to  the 
amendment  offered  by  Mr.  Cobb :  Amend  Section  12  as 
follows :  Between  lines  5  and  6  insert  the  follow- 
ing words :  "And  at  such  special  election  every  single 
woman  over  the  age  of  21  years  and  owning  in  her  own 
right  |1,000  wortli  of  real  estate,  as  shown  by  the  as- 
sessment roll  of  the  county,  shall  be  enttitled  to  vote, 
which  vote  she  may  cast  by  a  sealed  ballot  in  writing,  to 
be  delivered  to  the  election  managers  at  the- place  and 
within  the  hours  fixed  for  the  holding  of  the  election." 

On  motion  of  Mr,  Long  of  Walker  the  amendment  of 
Mr.  Pitts  was  laid  upon  the  table. 

Mr.  Coleman  of  Greene  off'ered  the  following  amend- 
ment to  the  amendment  offered  by  Mr.  Cobb :  Amend 
the  amendment  by  adding  the  following :  "Provided,  that 
the  funds  raised  by  such  taxation  shall  be  distributed 
for  the  benefit  of  the  school  children  of  the  county." 

Mr.  Harrison  moved  to  table  the  amendment  offered 
by  Mr.  Colib  and  the  amendment  to  the  amendment  of- 
fered by  Mr.  Colenmn  of  Greene. 

A  division  of  the  question  was  demanded. 

The  amendment  offered  by  Mr.  Coleman  of  Greene 
was  laid  upon  the  table. 

The  question  recurred  upon  the  motion  to  table  the 
amendment  offered  by  Mr.  Cobb. 


1348 


Journal  of  Alabama 


The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table, 

Mr.  Whiteside  moved  to  table  Section  12  as  amended. 
The  motion  was  lost:  Yeas,  37;  nays,  82. 


YEAS. 


Messrs.  Altman, 

Bartlett, 

Beavers, 

Bethiine, 

Burns, 

Byars, 

Carmichael  (Coffee), 

Chapman, 

Cobb, 

Cofer, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Harrison, 

Henderson, 

Hinson, 

Howze, 


In, lie, 

Knight, 

Macdonald, 

Martin, 

Moody, 

Murphree, 

Phillips, 

Pitts, 

Proctor, 

Samford, 

Searcy, 

Spears, 

Studdard, 

Tayloe, 

Vaughan, 

Walker, 

Whiteside, 

Williams  (Barbour) — 37. 


NAYS. 


Messrs.  President, 

Almon, 

Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Burnett, 

Carmichael   (Colbert), 


Coleman  (Greene), 
Davis  (Etowah), 
Dent, 
Eley, 
Eyster, 
Espy, 
Ferguson, 
Gilmore, 
Glover, 

Graham  (Montgomery), 
Graham  ( Talladega ) , 
Grant, 


Constitutional  CaNVENTiON. 


J349 


Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Handley, 

Heflin  (Chambers), 

Heflin  (Eandolph), 

Hodges, 

Hood, 

Fowell, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 

Kyle, 

Locklin, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

McMillan  (Baldwin), 

Mai  one. 

Maxwell, 

Merrill, 

Miller   (Wilcox), 

Mulkey, 

NeSmith, 

Norman, 


Norwood, 

O'Neal  (Lauderdale), 

O'Neill,  (Jefferson), 

Opp, 

O'Kear, 

Parker  (Cullman),. 

Parker  (Elmore), 

Pettus, 

Pillans, 

Reese, 

Beynolds  (Chilton), 

Rogers  (Lowndes), 

Sanders, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Spragins, 

Thompson, 

Waddell, 

Watts, 

Weakley, 

White, 

Wilson  (Clarke), 

Wilson  ( Washington ) , 

Winn— 81. 


PAIRS    ANNOUNCED. 

The  following  pairs  were  announced  : 

Messrs.  McMillan  of  Wilcox  and  Palmer,  Carnathoti 
and  Sorrell,  Robinson  and  Cunningham.  Messrs.  Mc- 
Millan of  Wilcox,  Carnathon  and  Robinson  would  vote 
aye;  and  Messrs.  Palmer,  Sorrell  and  Cunningham 
would  vote  nay.  ' 

The  question  recurred  upon  the  adoption  of  Section 
12  as  amended. 

Section  12,  as  amended,  was,  on  motion  of  Mr.  Gra- 
ham of  Talladega,  adopted. 


1350 


Journal  of  Alabama 
adjournment. 


On  m-otion  of  Mr.  Barefield  the  Convention  adjourned 
until  9  o'clock  to-morrow  morninc;. 


SEVENTY-THIRD  DAY. 

Convention  Hall. 

Montgomeiy,  Ala.,  Friday,  August  16,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Ilev.  Mr.  Andrews  of  the  city. 

ROLL  CALL, 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  consti- 
tuted a  quorum : 


Messrs.  President, 

Carmichael  ( Colbert) , 

Almon, 

Carmichael  (Coffee)., 

Altman, 

Chapman, 

Ashcraft, 

Cobb, 

Banks, 

Cofer, 

Barefield, 

Coleman  (Greene), 

Bartlett, 

Cornwell, 

Beavers, 

Craig, 

Beddow, 

Cunningham, 

Bethune, 

Davis  (DeKalb), 

Black^-ell, 

Davis  (Etowah), 

Boone, 

Dent, 

Brooks, 

Duke, 

Browne, 

Eley, 

Bulger, 

Eyster, 

Burnett, 

Ferguson, 

Burns, 

Fitts, 

Byars, 

Fletcher, 

Constitutional  Convention. 


1351 


Foshee, 

Foster, 

Freeman, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Kandolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Kyle, 

Locklin, 

Lomax, 

Long  (Walker), 

Lowe  (Lawre^ce), 

Macdonald, 

Malone, 

Martin, 

Maxwell, 

Merrill, 


Mulkey, 
Murphree, 
NeSmith, 
Norman, 
Norwood, 
Gates, 

O'Neill  (Jefferson), 
O'Rear, 
Palmer, 

Parker  (Cullman), 
Parker  (Elmore), 
Pettus, 
Phillips, 
Pillans, 
Pitts, 
Proctor, 
Reese, 

Reynolds  (Chilton), 
Rogers  (Lowndes), 
Samford, 
Sanders, 
Sanford, 
Searcy, 
Selheimer, 
Sentell, 
S^oan, 

Smith  (Mobile), 
Smith,  Mac.  A. 
Smith,  Morgan  M., 
Sorrell, 
Sy)ears, 
Spragins, 
Stewart, 
Studdard, 
Tayloe, 
Thompson, 
"Vaughan, 
Waddell, 
Walker, 


1352  JouRJVAL  OF  Alabama 

Watts,  Williams  ( Barbour )y 

Weakley,  Wilson  (Clarke), 

Weatherly,  Wilson  (Washington) 

White,  Winn— 124. 
Whiteside, 

LEAVE  OF  ABSENCE. 

Was  granted  to  Messrs.  Reynolds  of  Henry  for  to-day 
and  to-morrow ;  Espy  for  to-day  and  to-morrow ;  Cardon 
for  to-day,  Saturday  and  Monday ;  Kirkland  indefinitely. 

REPORT   OF   COMMITTEE   ON    JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted   the    following  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to 
report  that  they  have  examined  the  Journal  for 
seventy- second  day  of  the  Convention,  and  that  the  same 
is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chair incui. 

RESOLUTIONS  On  FIRST  READING. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows: 

Resolution  304,  by  Mr.  Coleman,  of  Greene : 

Resolved,  That  the  Article  on  Judiciary  may  be  taken 
from  the  table,  and  when  taken  from  the  table  that  Sec- 
tion 28  thereof  may  be  amended,  revised  or  stricken 
out. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  305,  by  Mr.  iBurns : 

Resolved,  That  the  expenses  of  this  Convention  should 
be  reduced,  and  that  a  recess  of  ten  days  without  any 
pay  except  mileage  should  be  taken,  in  order  that  the 
Committee  on  Harmonv  niay  make  a  complete  report. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 


Constitutional  Convention.  1353, 

Eesolution  306,  by  Mr.  Lomax: 

Resolved,  That  ordinance  429,  in  reference  to  quad- 
riennal  sessions  of  the  Legislature  be  and  the  same 
is  hereby  withdrawn  from  the  Committee  on  Legislative 
Department  and  that  the  said  ordinance  with  the  views 
of  the  minority  of  the  committee  thereon  be  printed  and 
placed  on  the  calendar. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  807,  by  Mr.  President : 

Resolved,  That  the  privileges  of  the  floor  be  and  they 
are  hereby  extended  to  Hon.  G.  W.  Taylor,  member  of 
Congress  for  the  First  district;  and  to  Hon.  Oscar  W. 
Underwood,  member  of  Congress  for  the  Ninth  district 
of  this  State. 

The  resolution  was  adopted. 

Resolution  308,  by  Mr.  Opp : 

Resolved,  That  the  privileges  of  the  floor  be  extended 
to  Hon.  D.  M.  Powell,  Senator  from  the  Seventeenth 
district. 

The  resolution  was  adopted. 

Resolution  309,  by  Mr.  Kirk : 

Whereas,  Two  of  our  colleagues,  Messrs.  A,  H.  Car- 
michael  and  M.  S.  Carmichael  are  under  serious  afllic- 
tion  by  the  loss  of  their  brother;  therefore  be  it 

Resolved,  That  the  sympathy  of  this  Convention  is 
hereby  extended  to  our  brother  delegates  and  to  the 
family  of  the  deceased. 

Resolved,  That  a  copy  of  these  resolutions  be  fur- 
nished to  each  of  these  delegates  and  to  their  father,  the 
Hon.  J.  M.  Carmichael. 

The  rules  were  suspended  and  the  resolution  adopted 
by  a  rising  vote. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally- 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows: 

Ordinance  456,  by  Mr.,  Cofer : 


1354  Journal  of  Alabama 

To  authorize  and  require  the  Governor,  State  Auditor 
and  State  Treasurer  to  set  apart  certain  sums  of  money 
of  the  State  funds  for  the  purpose  of  paying  off  and  dis- 
charging the  bonded  indebtedness  of  the  State. 

The  ordinance  was  referred  to  the  Committee  on 
Taxation. 

RECOMMITTAL  OF  ORDINANCE. 

On  motion  of  Mr.  Jones  of  Montgomery  ordinance  415 : 
*'For  the  relief  of  E.  L.  May,"  was  referred  to  the  Com- 
mittee on  Schedule,  Printing-  and  Incidental  Expenses. 

ARTICLE  ON  JUDICIARY. 

Mr.  Vaughan  moved  that  the  Article  on  Judiciary  be 
taken  from  the  table  and  placed  upon  its  immediate  pas- 
sage. 

^Ir.  Smith  of  Mobile  moved  to  make  the  motion  of  Mr. 
y-d.  ghan  a  special  order  for  11  o'clock  to-day. 

Mr.  Coleman  of  Greene  moved  to  amend  the  motion 
of  Mr.  Smith  of  iMobile  by  making  it  4  o'clock  this  after- 
noon. 

The  amendment  of  Mr.  Coleman  of  Greene  was  lost: 
Yeas,  55 ;  nays,  60. 

YEAS. 


Messrs.  President, 

Eley, 

Almon, 

Eyster, 

Barefield, 

Perguson, 

Beavers, 

Foster, 

Brooks, 

Glover, 

Browne, 

Grant, 

Burnett, 

Grayson, 

Burns, 

Greer  (Calhoun), 

Carmichael  (Colbert), 

Greer  (Perry), 

Carmichael  (Coffee), 

Tin  nd  ley. 

Cobb, 

Harrison, 

Coleman  (Greene), 

rieflin  (Chambers), 

Duke, 

neflin  (Randolph), 

Constitutional  Convention. 


1855 


Hinson, 

Howze, 

luge, 

Jacksou, 

Jenkins, 

Jones  ( MontgomeryJ , 

Jones  (Wilcox), 

Kirk, 

Locklin, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Maedonald, 

Martin, 

Norwood, 


O'Neal  (Lauderdale), 

O'Neill,  (Jefferson), 

Opp, 

O'Kear, 

Parker  (Cullman), 

Reese, 

llogers  (Lowndes), 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Smith,  Morgan  M., 

Williams  (Barbour), 

Wilson  (Clarke) — 55. 


nays. 


Messrs.  Altman, 

Ashcraft, 

Banks, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Bulger, 

Byars, 

Cofer, 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Fletcher, 

Foshee, 

Freeman, 

Graham  (Montgomery), 

Graham  (Talladega), 

Hodges, 

Hood, 


Howell, 

Jones,  (Bibb), 

Kyle, 

Lowe  ( Lawrence ) , 

McMillan  (Baldwin), 

Malone, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Moody, 

^lurphree, 

NeSmith, 

Norman, 

Palmer, 

Parker  (Elmore), 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

TJeynolds  (Chilton), 

Sanders, 

Sloan, 

Smith,  Mac.  A. 


1356 


Journal  of  Ai.abama 


Sorrell, 

Spears. 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 


Vaughan, 

Waddell, 

Walker, 

Watts, 

Weaklev, 

White, " 

Whiteside— 60. 


PAIRS    ANNOUNCED. 


The  following  pairs  were  announced : 

Messrs.  Carnathon  and  Chapman,  deGraffenried  and 
Fitts,  Kniglit  and  ^liller  of  Marengo,  Coleman  of  Wal- 
ker and  jMulkev,  Proctor  and  Porter,  Williams  of  Ma- 
rengo and  Smith  of  Mobile,  Williams  of  Elmore  and  Mc- 
Millan of  Wilcox,  Wilson  of  W^ashington  and  Hender- 
son, Winn  and  Jones  of  Hale,  Weatherly  and  Gates. 
Messrs.  Carnathon,  deGraffenried,  Knight,  Coleman  of 
Walker,  Proctor,  Williams  of  Marengo,  Williams  of  El- 
more, Wilson  of  Washington,  Winn  and  Weatherly 
would  vote  aye;  and  Messrs.  Chapman,  Fitts,  Miller  of 
Marengo,  Mulkey,  Porter,  Smith  of  Mobile,  McMillan  of 
Wilcox,  Henderson,  Jones  of  Hale,  and  Gates  would  vote 
nay. 

REPORT  OF   THE   COM^^IITTEE  ON   SCHEDULE.  PRINTING   AND 
INCIDENTAL  EXPENSES. 

Mr.  Heflin  of  Randolph,  chairman  of  the  Committee 
on  Schedule,  Printing  and  Incidental  Expenses,  sub- 
mitted the  following  repoi-t,  which  was  read  one  time  at 
length,  laid  upon  the  table,  and  300  copies  ordered 
printed : 
Mr.  President :  , 

The  Committee  on  Schedule,  Printing  and  Incidental 
Expenses  have  instructed  me  to  make  the  following  par-, 
tial  report,  viz. : 

The  committee  has  audited  the  accounts  hereto  at- 
tached and  finds  that  the  State  of  Alabama  is  indebted 
to  the  Ed.  C.  Fowler  Company  of  Montgomerv,  Ala.,  in 
the  sum  of  |113.15. 


Constitutional  Convention.  1357 

We  find  that  said  State  is  indebted  to  the  Brown 
Printing  Company  of  Montgomery,  Ahi.,  in  the  sum  of 
f  464.45  for  printing. 

We  find  that  said  State  is  indebted  to  J.  W.  Terry  of 
Montgomery,  Ahi.,  in  the  sum  of  $5  for  the  use  of  .a  type- 
writer from  July  24th  to  August  the  24tli. 

All  of  the  above  accounts  are  for  printing  done,  and 
for  articles  furnished  to  the  State  of  Alabama  for  the 
use  of  the  Constitutional  Convention,  and  all  of  the 
above  accounts  are  itemized  as  shown  by  bills  hereto  at- 
tached. Total  amount  |582.60,  and  we  recommend  the 
payment  of  the  same.  All  of  which  is  respectfully  sub- 
mitted. 

John  T.  Heflin, 
Chairman  Committee  on  Schedule,  Printing  and  Inci- 
dental Expenses. 

LEGISLATIVE  DEPARTMENT. 

Mr.  Watts  moved  to  take  from  the  table  his  amend- 
ment to  Section  17  of  the  Article  on  Legislative  Depart- 
ment, and  make  it  a  special  order  for  next  Tuesday  at 
11  o'clock. 

The  motion  prevailed. 

RULES   COMMITTEE. 

Mr.  Sanders  moved  that  the  Ilules  Committee  be  not 
allowed  to  sit  during  the  session  of  to-day. 

INIr.  Reese  moved  to  table  the  motion  of  Mr.  Sanders. 

The  motion  was  lost. 

report  of  co]mmittee  on  rules. 

Mr.  Harrison,  acting  chairman  of  the  Committee  on 
Rules,  reported  favorably  with  a  substitute  resolution 
304. 

The  substitute  was  read  at  length  as  follows : 

Substitute  for  resolution  304  : 

Resolved,  That  when  the  Article  on  Judiciary  is  taken 
from  the  table  it  shall  be  subject  to  amendment  as 
though  it  had  never  been  passed  to  a  third  reading. 

Mr.  White  moved  to  table  the  substitute  for  resolution 
304,  reported  by  the  Committee  on  Rules. 

The  motion  to  table  was  lost :  Yeas,  57;  nays,  58. 


1358 


Journal  of  Alabama 


YEAS. 


Messrs.  Altman, 

Ashcraft, 

Banks, 

Bartlett, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Byars, 

Cofer, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Fletcher, 

Foshee, 

Freeman, 

Tri'liam  (Talladega). 

Henderson, 

Hodges, 

Hood. 

Howell, 

•Tones  (Bibb), 

Kyle, 

Lowe  (Lawrence), 

Me:\rillan  (Baldwin), 


Mai  one, 

Maxw.-ll, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Murphree, 

NeSmith, 

Norman, 

Palmer, 

Parker  (Elmore), 

Pettus, 

Phillips, 

Pitts, 

Pveynolds  (Chilton), 

Sanders, 

Sloan, 

Smith.  Mac.  A., 

Sorrell, 

Spears, 

Spragins, 

Studdard, 

Tayloe, 

Vanghan, 

Walker, 

Watts, 

AYeakley, 

White,  ' 

Whiteside^ — 57. 


NAYS. 


^fessrs.  President, 

Almon, 

Rarefield, 

Beavers, 

Browne, 

Burnett, 

Burns, 

Cobb, 

Coleman  (Greene), 


Dnke, 

Eley, 

Evster, 

Ferguson, 

Foster, 

Clover, 

Crnnt. 

Cray son, 

Greer  (Calhoun), 


Constitutional  Convention. 


1359 


Oreer  (Perfy), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Howze, 

Inoe, 

Jackson, 

Jenkins, 

Jones  ( Montgomery ) , 

Jones  (Wilcox), 

Kirk, 

Locklin, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

Martin, 


XoT\rood, 

O'Neal  (Lauderdale), 
O'Neill,  (Jefferson), 
Opp, 
O'lJear, 

Parker  (Cullman), 
Pi  Hans, 
Reese, 

Rogers  (Lowndes), 
Samford, 
Sauford, 
Searcy, 
Selheimer, 
Sentell, 

Smith,  Morgan  M. 
Stewart, 
Waddell, 

Williams  (Barbour), 
Wilson  (Clarke), 
W^ilsou  (Washington) 


-58. 


PAIRS  announced. 


Messrs.  Chapman  and  Carnathou,  Cornwell  and  Car- 
michael  of  Colbert,  Fitts  {ind  deCraffeuried,  Cardon  and 
Graham  of  Montgomery,  Miller  of  Marengo  and  Knight, 
Mulkey  and  Coleman  of  Walker,  Oates  and  Weatherly, 
Porter  and  Proctor,  Smith  of  ^lobile  and  Williams  of 
^larengo,  Thompson  and  Carmichael  of  Coffee,  ^NIcMil- 
lan  of  Wilcox  and  Williams  of  Elmore,  Jones  of  Hale 
and  Winn. 

Messrs.  Chapman,  Cornwall,  Pitts,  Cardon,  Miller  of 
Marengo,  Thompson  and  Carmichael  of  Coffee,  McMil- 
Thompson,  McMillan  of  Wilcox,  and  Jones  of  Hale 
would  vote  aye;  and  Messrs.  Carnathon,  Carmichael  of 
Colbert,  deGraffenried,  Graham  of  Montgomery,  Knight, 
Coleman  of  Walker,  Weatherly,  Proctor,  Williams  of 
Marengo,  Carmichael  of  Coffee,  Williams  of  Elmore, 
and  Winn  would  vote  nay. 


1360 


Journal  of  Alabama 


The  question  recurred  upon  the  adoption  of  the  sub- 
stitute for  resolution  304  as  reported  by  the  Committee 
on  Rules. 

The  substitute  was  adopted :  Yeas,  59 ;  nays,  56. 


YEAS. 


Messrs.  President, 

Almon, 

Barefield, 

Beavers, 

Browne, 

Burnett, 

Burns, 

Case, 

Cofer, 

Coleman  (Greene), 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Foster, 

Glover, 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Howze, 

Inge, 

Jackson, 

Jenkins, 


Hessrs.  Altman, 
Ashcraft. 


Jones  (Montgomery), 
Jones  (Wilcox), 
Kirk, 
Locklin, 
l^omax. 

Long  (Walker), 
Lowe  ( Jetferson), 
Macdonald, 
Martin, 
Norwood, 

O'Neal  (Lauderdale), 
O'Neill  (Jefferson), 
■Opp, 
O'Rear, 
Palmer, 

Parker  (Cullman), 
Pi  Hans, 
Reese, 

.  Rogers  (Lowndes), 
Sam  ford, 
Sanford, 
Searcy, 
Selheimer, 
Sentell, 

Smith,  Morgan  M., 
Stewart, 
Waddell, 

Williams  (Barbour), 
Wilson  (Clarke) 
Wilson  (Wi^shing-ton) — 59. 

NAYS. 

Banks, 
Bartlett, 


Constitutional  Convention. 


1361 


Beddow, 

Betbune, 

Blackwell, 

Booiie, 

Brooks, 

Bulger, 

Bjars, 

Cobb, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Fletcher, 

Foshee, 

Freeman, 

Graham  ( Talladega ) , 

Henderson, 

Hodges, 

Hood, 

Howell, 

Jones  (Bibb), 

Kyle, 

Lowe  (Lawrence), 

McMillan  (Baldwin), 

Malone, 


Maxwell, 

Merrill, 

Miller   (Wilcox), 

Moody, 

Murphree, 

NeSmith, 

Norman, 

Parker  (Elmore), 

IVttns, 

Phillips, 

Pitts, 

Keyuolds  (Chilton), 

S;inders, 

Sloan, 

Smith,  Mac.  A., 

Sorrell, 

Spears, 

Spragins, 

Stnddard, 

Tayloe, 

Vaughan, 

Walker, 

Watts, 

Weakley, 

^Vhite, 

Whiteside— 56. 


PAIRS  ANNOUNCED. 


The  following  pairs  were  announced : 

Messrs.  Carnathon  and  Chapman,  deGraffenried  and 
Fitts,  Graham  of  Montgomery  and  Cardon,  Knights  and 
Miller  of  Marengo,  Coleman  of  Walker  and  Mulkey, 
Weatherly  and  Gates,  Proctor  and  Porter,  Williams  of 
Marengo  and  Smith  of  Mobile,  Carmichael  of  Coffee  and 
Thompson,  Williams  of  Elmore  and  McMillan  of  Wil- 
cox, Winn  and  Jones  of  Hale. 

Messrs.  Carnathon,  deGraffenried,  Graham  of  Mont- 
gomery, Knight,  Coleman  of  Walker,  Weatherly,  Proc- 
tor, Williams  of  Marengo,  Carmichael  of  Coffee,  Wil- 
liams of  Elmore  and  Winn  would  vote  aye ;  and  Messrs. 

86 


1362 


Journal  of  Alabama 


Cliapman,  Fitts,  Cardon,  Miller  of  Marengo,  Miilkey, 
Gates,  Porter,  Smith  of  Mobile,  Thompson,  McMillan  of 
Wilcox,  and  Jones  of  Hale  would  vote  nay. 

The  question  recurred  upon  the  motion  of  Mr. 
Vaughan  to  take  from  the  table  the  Article  on  Judicial 
Department. 

The  motion  prevailed. 

Mr.  Watts  moved  that  the  Article  on  the  Judiciary 
Department  be  ordered  to  a  third  reading  for  adoption. 

Mr.  Reese  moved  to  table  the  motion  of  Mr.  Watts. 

The  motion  to  table  prevailed:  Yeas,  59;  nays,  51. 

YEAS. 


Messrs.  President, 

Almon, 

Bareiield, 

Beavers, 

Browne, 

Burnett, 

Burns, 

Cobb, 

Coleman  ( Greene ) , 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Foster, 

Glover, 

Grant^ 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  ^Eandolpli), 

Hinson, 

Howze, 

Inge, 


Jackson, 

Jenkins, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Locklin, 

l^omax. 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

.^hlrtin, 

Norwood, 

O'Neal  ( Lauderdale) , 

O'Neill  (Jefferson), 

()])]., 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pillans, 

Pitts. 

Beese, 

Bogers  (Lowndes), 

Sam  ford, 

Sanders, 

Searcy, 

Selheimer, 

Sentell, 


Constitutional  Convention. 


1363 


Smith,  Morgan  M.. 
SteAvart, 
Williams  (Barbour), 


Messrs.  Altman, 

Ashcraft, 

Banks, 

Bartlett, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Byars, 

Cofer, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Fletcher, 

Foshee, 

Freeman, 

Graham  (Talladega), 

Henderson, 

Hodges, 

Hood 

Howell, 

Jones  (Bibb), 

Kyle, 

Lowe  (Lawrence), 

McMillan  (Baldwin), 


Wilson  (Clarke) 

AMlson  (Washington — 59. 


NAYS. 


Malone, 
Maxwell, 
Merrill, 

Miller  (ATilcoxV 
Moody, 
Murphree, 
NeSmith, 
Norman, 

Parker  (Elmore), 
Pettus, 
Phillips,  . 

Keynolds  ( Chilton  )y 
Sanders, 
Sloan, 

Smith,  Mac.  A., 
Sorrell, 
Spears, 
Spragins, 
Studdard, 
Tayloe, 
Thompson, 
Vaughan, 
Waddell, 
Wailker, 
Watts, 
Weakley, 
White,  ^ 
Whiteside— 57. 


pairs  ANNOUNCED. 

The  following  pairs  were  announced : 

Messrs.  Carnathon  and  Chapman,  deGraffenried  and 
Fitts,  Graham  of  Montgomery  and  Cardon,  Knight  and 
Miller  of  Marengo,  Weatherly  and  Gates,  Proctor  and 
Porter,  Williams  of  Marengo  and  Smith  of  Mobile,  Winn 
and  Jones  of  Hale. 


1364  Journal  of  Alabama 

Messrs.  Carnathon,  deGraffenried,  Graham  of  Mont- 
gomery, Knight,  AA'^eatherly,  Proctor,  Williams  of  Ma- 
rengo, and  Winn  would  vote  aye ;  and  Messrs.  Chapman, 
Fitts,  Cardon,  Miller  of  Marengo,  Gates,  Porter,  Smith 
of  Mobile,  and  Jones  of  Hale  would  vote  nay. 

Mr.  Coleman  of  Greene  offered  the  following  substi- 
tute for  Section  28  of  the  Article  on  the  Judicial  De- 
partment. 

Sec.  28.  A  solicitor  for  each  judicial  circuit  prescribed 
by  the  Legislature,  shall  be  elected  by  the  qualified  elect- 
ors of  such  circuit,  who  shall  be  learned  in  the  law,  and 
who  shall,  at  the  time  of  his  election,  and  during  his 
continuance  in  office,  reside  in  the  circuit  for  which  he  is 
elected,  and  whose  term  of  office  shall  be  four  years,  and 
who  shall  receive  no  other  compensation  than  a  salary 
to  be  prescribed  by  law,  which  shall  not  be  increased 
during  the  term  for  which  he  was  elected ;  provided,  that 
this  article  shall  not  operate  to  abridge  the  term  of  any 
Solicitor  elected  now  in  office,  and,  provided  further, 
that  the  Solicitor  elected  in  the  year  1904  shall  hold 
office  for  six  years,  and  until  their  sucessors  are  elected 
and  qualified;  and  provided  further,  that  the  Legislature 
may  provide  by  law  for  the  appointment  by  the  Gover- 
nor or  the  election  by  the  qualified  electors  of  a  county  of 
a  Solicitor  for  any  eounty,  or  for  any  subdivision  of  a 
county. 

Mr.  Walker  offered  the  following  substitute  for  the 
substitute  offered  by  Mr.  Coleman  of  Greene  and  Sec- 
tion 28  of  the  Article  on  Judicial  Department: 

Sec.  28.  A  Solicitor  for  each  Judicial  circuit,  or 
other  territorial  subdivision  prescribed  by  the  Legis- 
lature, shall  be  elected  by  the  qualified  electors  of  such 
circuit  or  other  territorial  subdivision,  who  shall  be 
learned  in  the  law,  and  who  shall,  at  the  time  of  his  elec- 
tion, and  during  his  continuance  in  office,  reside  in  the 
circuit  or  other  territorial  subdivision  for  which  he  is 
elected,  and  whose  term  of  office  shall  be  four  years,  and 
who  shall  receive  no  other  compensation  than  a  salary 
to  be  prescribed  by  law,  which  shall  not  be  increased 
during  the  term  for  which  he  was  elected ;  provided,  that 
this  article  shall  not  operate  to  abridge  the  term  of  any 


Constitutional  Convention.  1365 

Solicitor  elected  iioav  in  office,  and,  provided  further^ 
that  the  Solicitors  elected  in  the  year  1904  shall  hold 
office  for  six  j-ears,  and  until  their  sucessors  are  elected 
and  (inalified;  and  provided  further,  that  the  Legislature 
may  provide  by  law  for  the  appointment  by  the  Gover- 
nor or  the  election  by  the  qualified  electors  of  a  county  of 
a  Solicitor  for  any  county. 

Mr.  Coleman  of  Greene  asked  unanimous  consent  to 
accept  the  substitute  offered  by  Mr.  Walker. 

Consent  was  granted,  and  the  substitute  was  accepted- 
Mr.  Wilson  of  Washington  offered  the  following 
amendment  to  tlie  substitute  offered  by  Mr.  Walker, 
which  was  adopted  by  unanimous  consent: 

Amend  by  striking  out  the  words  "reside  in  the  cir- 
cuit" and  insert  in  lieu  thereof  the  words  "reside  in  a 
county  in  the  circuit  in  which  he  i>rosecutes  criminal 
cases." 

Mr.  Lomax  offered  the  following  substitute  for  the 
substitute  offered  by  Mr.  Walker  : 

A  Solicitor  for  each  Judicial  Circuit  and  for  such  in- 
ferior courts  and  lesser  subdivisions  of  the  State  as  may 
be  provided,  shall  be  elected  in  such  manner  and  for 
such  terms  and  at  such  salaries  as  the  Legislature  may 
by  law  prescribe;  provided  that  this  section  shall  not 
affect  the  term  of  any  Solicitor  now  in  office. 

Mr.  Graham  of  Talladega  moved  to  table  the  substi- 
tute offered  by  Mr.  Lomax. 

The  motion  prevailed  and  the  substitute  offered  by 
Mr.  Lomax  was  laid  upon  the  table. 

The  question  recurred  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Walker. 

The  substitute  was  adopted. 

On  motion  of  Mr.  Hood  the  Article  on  Judicial  De- 
partment was  again  ordered  engrossed  for  a  third  read- 
ing and  adoption. 

RECESS. 

The  hour  of  1  o'clock  p.  m.  having  arrived,  under  the 
rules  the  Convention  recessed  until  3 :30  o'clock  tiiis 
afternoon. 


1366  Journal  of  Alabama 

AFTERNOON  SESSION. 
The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum : 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefleld, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Burns, 

Byars, 

Chapman, 

Cobb, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Evster, 

Fitts, 

Fletcher, 

Foster, 

Freeman, 

Olover, 


Graham  (Talladega), 
Grant, 
Grayson, 
Greer  (Calhoun), 
Greer  (Perry), 
lialey, 
Handley, 
Harrison, 

ILertin  (Randolph), 
Henderson, 
Hodges, 
Hood, 
Howell, 
Howze, 
Inge, 
Jackson, 
Jenkins, 
Jones,  (Bibb), 
Jones  (^lontgomery), 
Jones  (Wilcox), 
Kirk, 
Knight, 
Kyle, 

Lowe  (Lawrence), 
Mncdonald, 
^rc:\rillan  (Baldwin), 
^NFalone, 
Martin, 
^Maxwell, 
:\[crrill, 
^Tiller  (Marengo), 


Constitutional  Convention. 


1367 


Miller  (Wilcox), 

Moody, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pettna, 

Phillips, 

Pillans, 

Pitts, 

Keese, 

Eogers  (Lowndes), 

Samford, 

Sanders, 

Sanford; 

Searcy, 

Selheimer, 


Sentell, 

Sloan, 

Smith    (Mobile), 

Smith,  Mac.  A., 

Smitli,  Morgan  M. 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Waddell, 

Walker, 

Weakley, 

AAliite, ' 

Whiteside, 

Williams  (Barbour), 

Williams  (Elmore), 

Wilson  (Clarke). 

Winn— 104. 


REPORT  OF  COMMITTEE  ON  ENGROSSMENT. 

Mr.  Samford,  chairman  of  the  Committee  on  Engross- 
ment, submitted  the  following  report,  which  was  con- 
curred in : 

Mr.  Prcsiident : 

Your  Committee  on  Engrossment  beg  leave  to  report 
that  they  have  examined  and  compared  the  following 
ordinances,  to-wit:  Ordinance  No.  404,  and  ordinance  on 
Impeachment,  and  find  them  correct. 

Wm.  H.  Samford, 
Chairman  Committee  on  Engrossment. 


ARTICLE   on   third   READING. 

The  Article  on  Impeachments  was  read  a  third  time 
fit  longtli,  as  follows,  and  adopted:  Yeas,  95;  nays,  6. 


1368  Journal  of  Alabama 

AN  ORDINANCE. 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assembled,  that  Article  VII  of  the  Constitution  130 
stricken  out,  and  the  following  article  inserted  in  lieu 
thereof : 

ARTICLE  VII. 

IMPEACHMENTS. 

Section  1.  The  Governor,  Lieutenant  Governor,  See- 
^•etarj^  of  State,  Auditor,  Treasurer,  Attorney  General, 
Superintendent  of  Education,  Commissioner  of  Agri- 
culture and  Industries,  and  Judges  of  the  Supreme 
Court  may  be  removed  from  office  for  willful  neglect  of 
duty,  corruption  in  office,  incompetency,  or  intemper- 
ance in  the  use  of  intoxicating  liquors  or  narcotics  to 
such  an  extent,  in  view  of  the  dignity  of  the  office  and 
importance  of  its  duties,  as  unfits  the  officers  for  the 
discharge  of  such  duties,  or  for  any  offense  involving 
moral  turpitude  while  in  office,  or  committed  under 
color  thereof  or  connected  therewith  by  the  Senate  sit- 
ting as  a  court  for  that  purpose,  under  oath  or  affirma- 
tion on  articles  or  charges  preferred  by  the  House  of 
Representatives. 

Sec.  2.  The  Chancellors,  Judges  of  the  Circuit  Court, 
Judges  of  the  Probate  Court,  Sheriffs,  Solicitors  of  the 
Circuits  and  Judges  of  the  inferior  courts,  from  which 
an  appeal  may  be  taken  directly  to  the  Supreme  Court, 
may  be  removed  from  office  for  sljij  of  the  causes  speci- 
fied in  the  preceding  section,  by  the  Supreme  Court, 
under  such  regulations  as  may  be  prescribed  by  law. 

Sec.  3.  The  Clerks  of  the  Circuit  or  courts  of  like 
jurisdiction,  of  Criminal  Courts,  Tax  Collectors,  Tax 
Assessors  <  M-'nty  Treasurers,  County  Superintendents 
of  Education,  Coroners,  Justices  of  the  Peace, 
Notaries  Public,  Constables,  and  all  other  county 
officers.  Mayors,  Intendents  and  all  other  offi- 
cers of  incorporated  cities  and  to\vns  in  this  State  may 
be  removed  from  office  for  any  of  the  causes  specified  in 


Constitutional  Convention. 


1369' 


Section  1  of  this  article,  by  the  Circuit  or  other  Courts 
of  like  jurisdiction,  or  Criminal  Court  of  the  county 
in  which  such  officers  hold  their  office,  under  such  regu- 
lations as  may  be  prescribed  by  law ;  provided,  that  the 
right  of  trial  by  jury  and  appeal  in  such  cases  be  se- 
cured. 

Sec.  4.  The  penalties  in  cases  arising  under  the  three 
preceding  sections  shall  not  extend  heyond  removal 
from  office,  and  disqualifications  from  holding  office, 
under  the  authority  of  this  State,  for  the  term  for 
W'hich  he  was  elected  or  appointed;  but  the  accused 
shall  be  liable  to  indictment  and  punishment  as  pre- 
scribed by  law. 

YEAS. 


Messrs.  President, 

Glover, 

Almon, 

Graham  (Talladega), 

Altman, 

Grant, 

Ashcraft, 

( }  r jiyson, 

Banks, 

Greer  (Calhoun), 

Barefield, 

(rreer  (Perry), 

Reavers, 

Haley, 

Beddow, 

Handley, 

Bethune, 

Harrison, 

Blackwell, 

Heflin  (Randolph), 

Boone, 

Henderson, 

Brooks, 

Hodges, 

Bulger, 

Hood. 

Burns, 

I  I<i\\(-ll. 

Chapman, 

Ilowzo, 

Cobb, 

Inge, 

Craig, 

.T  nek  son, 

Cunningham, 

Jenkins, 

Davis  (Etowah), 

.Tones  (Bibb), 

Duke, 

•Tones  (Montgomery), 

Eley, 

Kirk. 

Ferguson, 

^\ni2fll^, 

Fitts, 

Kyle, 

Fletcher, 

LoAve  (Lawrence), 

Foster, 

^Facdonald, 

1370 


Journal  of  Alabama 


McMillan  (Baldwin), 
Malone, 
Martin, 
Maxwell, 
Merrill, 

Miller  (Wilcox), 
Moody, 
Murphree, 
NeSmith, 
Norman, 
Norwood, 
Gates, 
Opp, 
O'Rear, 
Palmer, 

Parker  (Cullman), 
Pettus, 
Pillans, 
Pitts, 
Reese, 
Samford, 
Sanders, 
Sanford, 


Seaj'cy, 

Selheimer, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Vaugban, 

Waddell, 

Walker, 

Watts, 

Weakley, 

White, 

Williams   (Barbour), 

Williams  ( Elmore) , 

Wilson  (Clarke), 

Wilson  (Washington) 

^Vinn — 95. 


Messrs.  Bartlett, 

Byars, 

Freeman, 


NAYS. 


Phillips, 
Studdard, 
Thompson — 6. 


ORDINANCE  40-t. 


The  ordinance  404 :  "To  amend  a  part  of  Section  28  of 
the  Article  VI  adopted  by  the  Convention,  which  is  re- 
ported in  the  foregoing  report  of  the  Committee  on  En- 
grossment, was  referred  to  the  Committee  on  Order,  Con- 
sistency and  Harmony  of  the  Whole  Constitution. 

UNFINISHED    BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
inittee  on  Education. 


CONSTITUTIOxXAL  CONVENTION.  1371 

SECTION  THIRTEEN. 

Was  read  at  length  as  follows : 

Sec.  13.  The  provisioiis  of  this  article  and  of  any  act 
of  the  General  Assembl\'  passed  in  pnrsiiauce  thereof 
to  establish,  organize  and  maintain  a  system  of  public 
schools  throughout  the  State,  shall  apply  to  Mobile 
county  only  so  far  as  to  authorize  and  require  the 
authorities  designated  by  law  to  draw  the  portions  of 
the  funds  to  which  said  county  shall  be  entitled  for 
school  purposes,  and  to  make  reports  to  the  Superin- 
tendent of  Education  as  may  be  prescribed  hy  law.  And 
all  special  incomes  and  powers  of  taxation^  as  now 
authorized  by  law  for  the  benefit  of  public  schools  in 
said  count}',  shall  renuiin  undisturbed  until  otherwise 
provided  by  the  General  Assembly;  provided,  that 
f.eparate  schools  for  each  race  shall  always  be  main- 
tained by  said  school  authorities. 

Mr.  Greer  of  Calhoun  offered  the  following  amend- 
ment to  Section  13 : 

Amend  Section  13  of  Article  on  Education  by  adding 
at  end  of  section  to-wit :  "Provided  that  Calhoun  county 
shall  possess  and  enjoy  same  privileges  as  are  now  en- 
joyed by  Mobile  county,  and  that  said  special  incomes 
and  powers  of  taxation  for  public  schools  shall  remain 
undisturbed  until  otherwise  provided  by  the  General 
Assembly ;  provided,  that  separate  schools  for  each  race 
shall  always  be  maintained  by  said  school  authorities." 

On  motion  of  Mr.  Eeese  the  amendment  offered  by 
Mr.  Greer  of  Calhoun  was  laid  upon  the  table. 

On  motion  of  Mr.  Graham  of  Talladega  Section  13 
was  adopted.  Yeas,  85 ;  nays,  26. 

YEAS. 

Messrs.  President,  Reavers, 

Almon,  Bethune, 

Altman,  Rlackwell, 

Ashcraft,  Boone, 

Banks,  Brooks, 

Barefield,  Bulger, 


1372 


Journal  of  Alabama 


Chapman, 

Cobb, 

Coleman  (Greene), 

Craig, 

(')inningham, 

Davis,   (Etowah), 

Dent, 

Eyster, 

Fitts, 

Foster, 

Glover, 

Graham  ( Montgomery ) 

Graham  (Talladega), 

Grant, 

Greer  (Perry), 

Haley, 

Handley, 

Howze, 

Inge, 

Jenkins, 

Jones  (Bibb), 

Jones  (:Montgomery), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Locklin, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

Mc^NIillan  (Baldwin), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

]Miirphree, 


NeSmith, 
Norman, 
Norwood, 
Gates, 
Opp, 
O'Rear, 
Palmer, 

I'u-ker  (Cullman). 
Parker  (Elmore), 
Pettus, 
Pillans, 
Pitts, 
Proctor, 
IJpose, 

Rogers   (Lowndes), 
Samford, 
SanderS; 
San  ford, 
Searcy, 
Selheimer, 
Smith  (Mobile), 
Smith,  iMac.  A, 
Smith,  Morgan  M., 
Stewart, 
Tayloe, 
Thompson, 
Vaiighan, 
AValker, 
Watts, 
Weakley, 
Whiteside, 

Williams  (Barbour), 
Williams  (Elmore), 
Wilson  (Clarke), 
Wilson  (Washington), 
\Vinn— 85. 


Constitutional  Convention.  1373 

NAYS. 

Messrs.  Bartlett,  Hodges, 

Beddow,  Jacksou, 

Byars,  Kyle, 

Davis  (DeKalb),  Lowe  (Lawrence), 

Duke,  ^foody, 

Eley,  CNefll  (Jefferson), 

Fletcher,  Sentell, 

Freeman,  Sorrel  1, 

Grayson,  ^^  pears, 

Greer  (Callioim),  Spragins, 

ITarrison,  Stewart, 

Heflin  (Randolph),  Stiuldard, 

Henderson,  ^\'n•.Miell — 27. 

PAIRS  announced. 

The  following  pairs  were  announced  : 

Messrs.  Miller  of  Marengo  and  O'Neal  of  Lauderdale, 
Williams  of  Marengo  and  White.  Messrs.  Miller  of  Ma- 
rengo and  Williams  of  Marengo  would  vote  aye;  and 
Messrs.  O'Neal  of  Lauderdale  and  White  would  vote 
nay. 

Mr.  Lomax  offered  the  following  amendment,  to  con- 
stitute a  new  section  to  the  Article  on  Education : 

Sec.  — .  After  the  ratification  of  this  Constitution 
there  shall  be  paid  out  of  the  Treasury  of  this  State  at 
the  time  and  in  the  manner  provided  by  law,  the  sum  of 
not  less  than  |3G,000  per  annum  as  interest  on  the  funds 
of  the  University  of  Alabama  heretofore  covered  into 
the  Treasury  for  the  maintenance  and  support  of  said 
institution;  provided,  that  the  Trustees  of  said  Univer- 
sity may,  at  any  time  they  deem  it  proper  for  the  best 
interests  of  said  University,  abolish  the  military  system 
at  said  institution  or  reduce  the  said  system  to  a  depart- 
ment of  instruction,  and  that  such  action  on  the  part  of 
said  Trustees  shall  not  cause  any  diminution  of  the 
amount  of  the  annual  interest  payable  out  of  the  Treas- 
ury for  the  support  and  maintenance  of  said  LTniversitv. 


1374 


Journal  of  Alabama 


Mr.  Sanfoi'd  offered  tlie  following  amendment  to  the 
amendment  offered  by  Mr.  Lomax,  wliioli  was  adopted. 

Amend  by  striking  ont  the  words  ''the  Trnstees  of  the 
UniA'ersity"  and  insert  in  lien  thereof  the  words  "the 
Legislatnre"  shall  have  the  power. 

The  qnestion  reenrred  npon  the  adoption  of  the  amend- 
ment of  Mr.  Lomax  as  amended. 

The  amendment,  as  amended,  was  adopted:  Yeas,  77; 
nays.  25. 


YEAS. 


Messrs.  President, 

Almon, 

Barefield, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Bnrnett, 

Burns, 

Coleman  (Greene), 

Cnnningham, 

Davis  (Etowah), 

Eley, 

Eyster, 

Fergr  son, 

Pitts, 

Fletcher, 

Foster, 

Glover, 

Graham  ( Montgomery) , 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Hand  ley, 

Reflin  (Chambers), 

neflin  (Randolph), 

TTonderson, 

Hodges, 

Hood, 


1 1  owe!  I, 

Jenkins, 

Jones  ( Montgomery) , 

Jones  (Wilcox), 

Kirk, 

Knight, 

Lomax, 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin), 

Ma  lone, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Miirpliree, 

X(^Sniith, 

Xoriiian, 

Xoi'wood, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Or>p, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Pirkcr  ( Elmore), 

Pettns, 

Pillans, 

Pitts, 

''N'(^se, 

Rogers  (Lowndes), 


Constitutional  Convention. 


1375- 


Samford, 

Sanders, 

Sanford, 

Searcj, 

Selheimer, 

Smith  (Mobile) 

Spragins, 

Stewart, 

Stiiddard, 


Thompson, 

Waddell, 

Watts, 

^A'eakley, 

White,  "^ 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington) — 77 


NAYS. 


Messrs.  Altman, 

Bartlett, 

Bethune, 

Byars, 

Chapman, 

Cobb, 

Cofer, 

Dent, 

Haley, 

Harrison, 

Howze, 

1  uge, 

Joiies  (Bibb), 


Kyle, 

Loeklin, 

Long  (Walker), 

Moody, 

Oates, 

Phillips, 

Smith,  Mac.  A., 

Spears, 

Walker, 

^^■l!iteside, 

Williams  (Barbour), 

AVilson  ( Washirjxton )  — 25. 


Mr.  Cofer  offered  the  following  amendment,  to  con- 
stitnte  a  new  section  to  the  Article  on  Education : 

Sec.  —  Be  it  further  enacted  that  all  appropriations 
made  by  the  State  to  the  University  shall  be  credited  in 
favor  of  the  State  upon  the  indebtedness  of  the  State,  as 
heretofore  fixed,  and  ascertained  by  an  act  of  the  Gen- 
eral Assembly  of  Alabama;  and  the  interest  now  i>aid 
by  the  State  upon  such  indel)tedness  shall  be  reduced  in 
proportion  to  the  amount  paid  by  such  appropriations. 

On  motion  of  Mr.  Graham  of  Talladega  the  amend- 
ment of  ]Mr.  Cofer  was  laid  upon  the  table. 

Mr.  White  offered  the  following  amendment,  to  con- 
stitute a  new  section,  to  the  Article  on  Education : 

Amend  hj  adding  a  new  section : 


1376  Journal  of  Alabama 

Sec.  15.  All  funds  derived  from  licensing  the  sale  of 
vinous,  spirituous  or  malt  liquors  shall  be  applied  ex- 
clus-ively  to  the  support  of  the  public  schools  in  the 
counties  Avherein  the  same  is  collected. 

On  motion  of  Mr.  Long  of  Walker  the  amendment  of- 
fered by  Mr.  White  was  laid  uix)n  the  table. 

Mr.  Samford  offered  the  folloAving  amendment,  to  con- 
stitute a  new  section  to  the  Article  on  Education : 

Sec.  — .  The  revenues  derived  from  the  sale  of  ferti- 
lizer tags,  in  excess  of  10  cents  per  ton,  shall  be  appro- 
priated to  the  maintenance  of  the  public  schools  in  the 
counties  in  which  such  fertilizer  is  used,  in  proportion 
to  the  amount  of  such  fertilizer  used  in  each  county. 

On  motion  of  Mr.  Long  of  Walker  the  amendment  was 
laid  upon  the  table. 

On  motion  of  Mr.  Graham  of  Talladega,  the  Article 
on  Education  was  ordered  engrossed  for  a  third  reading 
and  adoption. 

ADJOURNMENT. 

On  motion  of  Mr.  Graham  of  Talladega  the  Conven- 
tion adjourned  until  to-morrow  morning  at  9  o'clock. 


SEVENTY-FOURTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Saturday,  August  17,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  A.  L.  Andrews  of  the  city. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  constituted 
a  quorum : 


'Constitutional  Convention. 


1377 


Messrs.  President, 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beavers, 

Beddow. 

Betliune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burns, 

Byars, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Craig, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

Duke, 

Eley, 

Ejster, 

Ferguson, 

Fletcher, 

Foster, 

Freeman, 

Glover, 

Graham  ( Montgomery ) , 

Graham  ( Talladega ) , 

Grant, 

Grayson, 

Greer  (Calhoun), 

<Greer  (Perry), 

■87 


Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Kandolph), 

Henderson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Lomax, 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Miller  (Marengo), 

IMiller  (Wilcox), 

Murphree, 

NeSmith, 

Norman, 

Gates, 

O'Neal  ( Lauderdale ) , 

Opp, 

O'Rear, 

Palmer, 

Parker  ( Cullman ) , 


1378 


Journal  of  Alabama 


Parker  (Elmore), 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Proctor, 

Reese, 

Ro.iiers  (Lowndes), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M., 


Sorrell, 
Spragins, 
Stewart, 
Taj'loe, 
Thompson, 
Vaiighan, 
Waddell, 
Walker, 
Watts, 
>X  eakley, 
White, 
Whiteside, 
V\'iiliams  (Barbour), 
Williams  (Elmore), 
Wilson  (Clarke), 
Wilson  (Washington), 
^^inn— 111. 


LEAVE  OF   ABSENCE. 

Was  granted  to  Messrs.  Inge  for  ]Monday  and  Tues- 
day; Foshee  for  yesterday,  this  afternoon  and  to-day; 
Hinson  for  to-day;  Coleman  of  Walker  for  yesterday 
and  to-day;  Eley  for  this  afternoon  and  Monday;  Mer- 
rill, Dent,  Opp  and  Sentell  for  this  afternoon;  Palmer, 
Greer  of  Calhoun,  Freeman,  Waddell  for  ^Monday;  Wil- 
liams of  Eliiior(^  for  next  week;  Kirk  and  Smith  of  ]\ro- 
bile  indelinitely;  Coleman  of  Greene  indefinitely. 

STENOGRAPHIC  REPORT. 


Messrs.  Cobb,  Graham  of  ^Montgomery,  Wilson  of 
Washington,  Dent,  and  Sanders  called  the  attention  of 
the  Convention  to  certain  errors  in  the  stenographic  re- 
])ort  of  th(^  proceedings  of  yesterday. 

The  re])()rt  was  ordered  corrected. 


COXSTITUTIOXAL  COXVENTION.  1379 

PRIVILKGKS  OF  THE  FLOOR. 

The  ])rivi](\i;es  of  the  tloor  were  extended  to  Dr.  Heflin^ 
C.  r.  Whitsoii,  :M.  M.  Baldwin,  H.  S.  Doster  and  D.  F. 
Greene. 

REPORT  OF  COMMITTEE  OX  THE  JOURXAL.  * 

The  chairman  of  the  Committee  on  the  Jonrnal  sub- 
mitted   the    following  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to 
report  that  they  have  examined  the  Journal  for 
the  seventy-third  day  of  tlu^  Convention,  and  tluit  the 
same  is  correct. 

Eespectfully  submitted, 

John  F.  Proctor,  Chairman. 

RECOMMITTAL  OF  ORDIX^VXCE. 

Mr.  Foster,  chairman  of  the  Committee  on  Amending 
the  Constitution  and  ^liscellaueous  Provisions,  returned 
to  the  Convention  ordinance  451. 

Ordinance  451,  by  .Mr.  Ledbetter : 

An  oi'dinance  to  provide  for  the  establisliment  of  a 
court  liouse  and  jail  at  some  point,  to  be  determined  by 
an  election  by  the  people,  in  that  portion  of  Talladega 
county  witlnn  the  limits  of  precincts  numbered  0,  10,  11,. 
12  and  13,  in  said  county. 

And  asked  that  it  be  referred  to  the  Committee  on 
State  and  County  Boundaries. 

The  ordinance  A\nas  re-referred  to  the  Committee  on 
State  and  County  Boundaries. 

RESOLUTIOXS  ON.  FIRST  READIXG. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  ap])ropriate 
committees,  as  follows : 

Kesolution  310,  by  "Sir.  Knight: 

Be  it  resolved  that  when  this  Convention  adjourns  to- 
day at  1  o'clock  that  it  adjourn  until  Monday  morning 
at  12  o'clock. 

Amendment  by  Mr.  Pillans: 


1380  JouR-XAL  OF  Alabama 

Amend  by  striking  out  all  after  the  words  "1  o'clock" 
and  insert  in  lieu  thereof  the  following :  "That  it  adjourn 
to  meet  at  3 :30  and  remain  in  session  until  6  p,  m.  to- 
day, and  adjourn  until  Monday  at  12  m." 

The  resolution,  as  amended,  was  adopted. 

Kesolution  311,  by  Mr.  White: 

Whereas,  It  appears  that  the  final  adjournment  of 
this  Convention  is  likely  to  be  delayed  by  the  failure  of 
the  printer  to  properly  furnish  for  the  use  of  the  Com- 
mittee on  Harmony,  printed  copies  of  the  articles 
adopted  by  this  Convention;  and 

Whereas,  It  is  to  the  interest  of  the  people  of  this 
State  that  this  Convention  complete  its  labors  as  soon  as 
possible,  now  therefore 

Be  it  resolved.  That  the  chairman  of  the  Committee 
on  Printing  be  and  he  is  hereby  instructed  to  interview 
the  printer,  and  ascertain  the  cause  of  the  delay,  and  if, 
in  his  opinion  the  printing  can  not  be  done  prompth-  by 
said  printer,  then  he  is  hereby  authorized  to  cancel  the 
contract  for  such  x^rinting  and  to  have  the  same  done 
■elsewhere. 

The  rules  were  suspended  and  the  resolution  adopted. 

Eesolution  312,  by  Mr,  Burns : 

Whereas,  Mixed  bloods  seldom  inherit  even  the  im- 
paired virtues  of  their  progenitors,  and  in  every  section 
of  our  country  are  always  found  among  the  most  vicious 
and  vindictive  class  of  citizenship,  and 

Whereas,  This  Convention  was  called  for  the  under- 
standing and  for  the  purpose  that  white  boys  of  Alabama 
should  not  be  forced  to  compete  with  others,  whose  only 
qualification  for  suffrage  lies  in  their  ability  to  memor- 
ize; 

Resolved,  That  the  following  ordinance  be  referred  to 
the  Committee  on  Harmony,  and  that  said  committee  be 
authorized  to  embrace  it  or  any  portion  in  the  Article 
on  Sutfrage  and  Elections: 

Ordinance : 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assembled,  that  all  bastards  whose  disabilities  as 
such  have  not  been  removed  by  the  Governor  or  some 
Chancellor  or  Circuit  or  City  Judge,  shall  not  be  allowed 
to  register  or  vote  in  this  State. 


Constitutional  Convention.  1381 

The  ordinance  was  referred  to  the  Committee  on 
Order,  Consistency  and  Harmony  of  the  Whole  Consti- 
tution. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  lengith,  and  referred  to  appropriate 
committees  as  follows: 

Ordinance  457,  by  Mr.  Murphree : 

Providing  for  the  support  of  indigent  Confederate 
soldiers  and  indigent  widows  of  Confederate  soldiers. 

The  ordinance  was  referred  to  the  Committee  on 
Legislative  Department. 

Ordinance  458,  by  Mr.  Parker,  of  Elmore : 

Relating  to  revoking  the  licenses  or  annulling  con- 
tracts for  public  school  teachers. 

The  ordinance  was  referred  to  the  Committee  on 
Education. 

REPORT  OF  committee  ON  ENGROSSMENT. 

Mr.  Samford,  chairman  of  the  Committee  on  Engross- 
ment, submitted  the  following  report: 

Mr.  President: 

Your  Committee  on  Engrossment  liave  examined  and 
compared  the  following  ordinance :  Ordinance  390,  and 
find  it  correctly  engrossed. 

Respectfully  submitted, 

Wm.  H.  Samford,  Chairman. 

The  ordinance  (.390)  was  read  at  length  a  third  time, 
as  follows,  and  adopted :  Yeas,  83 ;  nays,  2. 

ORDINANCE  390. 

An  ordinance  to  provide  for  the  establishment  of  a 
court  house  and  jail  at  some  point,  to  be  determined  by 
an  election  by  the  people,  in  that  portion  of  St.  Clair 
Avhich  lies  south  and  southeast  of  Back  Bone  Moun- 
tain, and  which  is  embraced  in  precincts  numbered  9^ 


1382  Journal  of  Alabama 

10,  11,  12,  13,  14,  15,  16,  17,  19,  20  and  21  in  said 
-coimtv.  And  also  to  establish  a  court  house  and  jail  for 
Shelby  c-ounty  at  some  point  on  the  Central  of  Georgia 
Ivailroad  in  Shelby  couutv,  to  be  determined  by  an  elec- 
tion l)y  the  qualified  yoters  of  that  portion  of  Shelby 
county  lying  in  precincts  numbered  8,  0,  10,  11,  13,  14, 
15,  16  and  18,  in  said  county. 

Be  it  ordained  by  the  people  of  Alabama  in  Conyen- 
tion  assembled : 

First — That  it  shall  be  the  duty  of  the  Probate 
Judge  of  St.  Clair  count}'  to  order  an  election  to  be 
lield  in  precincts  numbered  9,  10,  11,  12,  13,  14,  15,  16, 
17,  19,  20  and  21,  in  St.  Clair  count}',  not  later  than 
sixty  dajs  after  the  ratificaition  of  the  Con- 
stitution to  be  submitted  by  this  Conyention, 
for  a  yote  of  the  qualified  electors  in  said  pre- 
cincts upon  the  selection  of  a  place  \yithiu  the 
territory  embraced  in  said  precincts,  at  which  a 
court  house  and  jail  shall  be  erected  and  main- 
tained. Officers  for  such  election  shall  be  ap- 
jjointed,  and  tlie  election  in  all  things  in  ac- 
cordance ^yith  the  la\y  governing  general  elections. 
Upon  the  ballot  to  be  used  at  such  election  the  names 
of  all  places  to  be  voted  on  shall  be  printed,  and  the 
choice  of  the  elector  shall  be  indicated  by  a  cross  mark 
l)efore  the  place  of  his  choice.  The  votes  cast  at  such 
election  shall  be  canvassed,  tabulated,  returns  thereof 
made,  and  counted,  in  the  same  manner  as  is  done  in 
elections  for  Sheriff  and  other  county  officers.  At  the 
place  receiving  the  highest  number  of  votes  at  such 
election  there  shall  be  erected  and  maintained  a  court 
house  and  jail  for  the  trial  of  all  cases  and  the  trans- 
action of  all  legal  business  originating  in  said  precincts 
9,  10,  11,  12,  13,  14,  15,  16,  17,  19,  20  and  21. 

The  venue  of  all  actions  and  suits  (other  than  such  as 
are  to  be  tried  before  Justices  of  the  Peace)  in  which 
only  residents  of  that  portion  of  said  St.  Clair  which 
lies  south  and  southeast  of  Back  Bone  mountain  are  de- 
fendants, shall,  except  as  otherwise  provided  by  law. 


Constitutional  Convention.  1383 

be  at  the  court  house  lierein  provided  for;  provided, 
however,  that  Asheville,  in  St.  Clair  county,  shall  con- 
tinue to  be  the  county  set  of  said  county  until  chan<»ed 
l)y  A'ote  of  the  (lualified  electors  residing-  in  that  part  of 
St.  Chiir  county  which  lies  north  and  northwest  of  said 
Back  Rone  ^lountain. 

That  it  shall  be  the  duty  of  the  Judge  of  Probate  of 
Shelby  county  to  order  an  election  to  be  held  in  pre- 
cincts numbered  8,  9,  10,  11,  13,  14,  15,  16  and  18,  in 
Shelby  county,  not  later  than  sixty  days  after  the  rati- 
fication of,  the  Constitution  to  be  submitted  by  this 
Convention,  for  a  vote  of  the  qualified  electors  in  said 
precincts  for  the  selection  of  a  place  at  Avhich  a  couTt 
liouf^e  and  jail  shall  be  erected  and  maintained.  Officers 
of  said  election  shall  be  appointed  and  the  election 
conducted  and  the  result  ascertained  in  all  things  as 
provided  by  the  laws  governing  general  elections  so 
far  as  the  same  are  applicable.  TTpon  the  ballots  to  be 
used  at  said  election  the  names  of  all  places  to  be  voted 
on  shall  be  printed,  and  the  choice  of  the  elector  shall 
be  indicated  by  a  cross  mark  before  the  place  of  his 
choice.  At  the  place  receiving  the  highest  number  of 
votes  at  such  election  there  shall  be  erected  and  main- 
tained a  court  house  and  jail  for  the  trial  of  all  causes 
and  tlie  transaction  of  all  legal  business  originating 
in  said  precincts  8,  9,  10,  1],  13,  14,  15,  IG  and  18,  and 
the  venue  in  all  actions  and  suits  (other  than  such  as 
are  tried  before  Justices  of  the  Peace)  in  which  only 
residents  of  that  portion  of  Shelby  countv  Iving  with- 
in s;'i(l  ]»re:incts  8,  9,  10,  11.  13,  14,  15.  16  and  18,  are 
defendants  shall,  except  as  otherwise  provided  bv  law, 
be  at  the  court  house  herein  provided  for;  provided, 
that  Columbiana,  in  Shelby  county,  shall  continue  to 
be  the  county  seat  until  changed  by  vote  of  the  quali- 
fied electors  residing  in  Shcllty  county. 

Second — The  Court  of  Countv  Commissioners  of  St. 
Clair  countv  and  the  Court  of  Countv  Commissioners  of 
Si>mI1)^-  connty  I'espectively  shall  at  its  first  regular  meet- 
in*!'  after  the  election  provided  for  in  Section  1  of  this 
r-(Vi,.,,,c«^  tiVc  all  necessary  steps  and  make  all 
neces-s.nv     orders     to    issue     and     sell     bonds     of     St. 


1384  Journal  of  Alabama 

Clair  county  and  Shelby  county  i-espectiA'ely,  to  tlie* 
amount  of  |10,000,  the  proceeds  to  be  used  only  for  the 
erection  and  equipment  of  such  court  house  and  jail^ 
or  to  provide  by  other  means  a  sufficient  amount  of 
money  to  erect  a  suitable  court  house  and  jail  at  the 
place  which  shall  have  been  selected  in  accordance  with 
said  Section  1,  and  to  properly  equip  and  furnish  the 
same  with  record  books  and  other  necessary  equip- 
ments;  provided  however,  that  if  said  Court  of  County 
Commissioners  shall  levy  a  tax  for  such  purpose,  such 
tax  shall  be  levied  on  all  taxable  property  in  said 
county,  but  all  of  such  tax  shall  not  be  levied  and  col- 
lected in  one  year.  And  provided  further,  that  such 
court  house  and  jail  for  St.  Clair  county  shall  be  com- 
pleted in  every  way  and  shall  be  ready  for  the  lioldiuiz: 
of  court  and  the  transaction  of  lei>al  business  on  or  be- 
fore the  first  day  of  the  spring-  term,  1903,  of  the  Circuit 
Court  f>f  St.  Clair  county,  and  such  court  house  and  jail 
for  Shelby  county  shall  be  completed  in  every  way  and 
be  ready  for  tlie  holding'  of  courts  and  the  transaction  of 
legal  businej^s  on  or  before  the  first  dav  of  Se])tember, 
1903. 

Third— The  Sheriff,  Probate  Judse,  Circuit  Clerk, 
Register  in  Chancery,  Tax  Assessor,  Tax  Collector,  and 
Suprintendent  of  Education  of  St.  Clair  county,  shall 
keep  offices  in  the  court  house,  which  shall  be  built  in 
accordance  with  the  provisions  (^f  this  ordinance,  and 
said  officers  for  Shelby  county  shall  likewise  keep  offices 
in  the  additional  court  house,  which  shall  be  erected  in 
accoi'd-nice  with  the  provisions  of  this  ordinance,  in  the 
county  of  Shelby. 

Fourth — The  General  Assembly  at  its  first  meetinp^ 
after  the  ratification  of  the  Constitution  to  be  sub- 
mitted to  the  people  by  this  Convention,  shall  enact 
laws  reiiulating  the  holding  of  court  at  the  court  liouse 
or  court  houses  provided  for  in  this  ordinance. 

Fifth — This  ordinance  shall  be  valid  and  effective  if 
the  Constitution  Avhich  shall  be  franu'd  bv  t'^'s  r%>n- 
venti'^'iv  be  ratified  bv  the  people.  Otherwise  it  shall 
be  void. 


Constitutional  Convention. 


1385- 


YEAS. 


Messrs.  President, 

Howell, 

Almon, 

Howze, 

Altman, 

Inge, 

Aslicraft, 

Jackson, 

Banks, 

Jones  (Bibb), 

Barefield, 

Jones  ( iMontgomery ) , 

Beavers, 

Jones  (Wilcox), 

Beddow, 

Knight, 

Betlmne, 

Kyle, 

Blackwell, 

Lomax, 

Boone, 

Lowe  (Lawrence), 

Bulger, 

Macdonald, 

Fiirns, 

:McMillan  (Baldwin), 

Byars, 

Martin, 

Chapman, 

Miller  (Wilcox), 

Cobb, 

Moody, 

Cofer, 

jMnrphree, 

Coleman  (Greene), 

O'Neal  (Lauderdale), 

Cunningham, 

Opp, 

Davis  (Etowah), 

O'Kear, 

Dent, 

Parker  (Cullman), 

Duke, 

Parker  (Elmore), 

Elev, 

Pottus, 

Eyster, 

Pillnns, 

Ferguson, 

Pitts, 

Fletcher, 

Beese, 

Freeman, 

"Rogers  (Lowndes), 

Glover, 

Sanders, 

Gr-iham  (Talladega). 

Sloan, 

Grant, 

Smith    (Mobile), 

Greer  (Calhoun), 

Smitli,  AFac.  A. 

Greer  (PerryJ, 

Smith,  Morgan  M., 

Haley, 

Spears, 

Harrison, 

Spragins, 

Heflin  (Chambers), 

Stewart, 

Heflin  (Randolph), 

Vautrhan, 

Henderson, 

Waddell, 

Hodges, 

Walker, 

Hood, 

Watts, 

1386  Journal  of  Alabama 

Weakley,  AVilson  (Clarke), 

White,  \Vilsoii  (\Vasliiuj:;toii ) — 83. 

Williams  (Elmore), 

NAYS. 

Messrs.  Grayson,  Merrill — 2. 

REPORTS   OF   STANDING   COMMITTEES. 

Mr.  Foster,  chairiuau  of  the  Committee  ou  Amemliug 
the  Constitntioii  and  Miscellaneous  Provisions,  reported 
favorably,  Avith  a  snbstitnte,  resolution  2J:(i,  which  reads 
as  follows : 

Resolution  246,  by  Mr.  Sam  ford : 

Resolved,  That  the  Cfeneral  Assembly  of  this  State  is 
hereby  instructed,  at  its  next  session,  to  reduce  the  tag 
tax  on  fertilizers  to  an  amount  not  to  exceed  1')  cents 
per  ton. 

The  resolution  was  referred  to  the  Committee  on 
Amending  Constitution  and  ^liscellaneous  Provisions. 

Substitute  for  resolution  246,  hy  Mr.  Samford,  by 
Committee : 

Be  it  resolved,  l)y  the  pe<)])le  of  Alabama  in  Conven- 
tion assend)led.  That  it  is  the  sense  of  this  Convention 
that  the  Legislature  at  its  next  meeting,  should  reduce 
the  tag  tax  on  fertilizers  to  an  amount  not  to  exceed  the 
reasonable  cost  for  the  inspection  thereof. 

Mr.  Graham  of  Talladega  moved  to  table  the  resolu- 
tion and  substitute. 

The  motion  was  lost. 

Mr.  Wilson  of  Clarke  moved  to  postpone  the  further 
consideration  of  the  report,  until  the  report  of  the  Cons- 
mittee  on  Corporations  had  been  finished. 

On  motion  of  ]Mr.  Duke  the  motion  of  :Mr.  Wilson  >f 
Clarke  was  laid  upon  the  table. 

Mr.  Coleman  of  Greene  offered  the  following  amend- 
ment to  the  substitute : 

Amend  the  substitute  by  striking  put  "the  reasonable 
cost  for  the  inspection  thereof  and  insert  in  lieu  thereof 
^'twentv-five." 


Constitutional  Convention. 


1387 


On  motion  of  Mv.  Foster  the  aincndiiieiit  was  laid  upon 
the  table. 

The  (jiiestiou  recurred  ui)on  the  adoption  of  the  sub- 
stitute. 

The  substitute  was  adopted:  Yeas,  80;  nays,  28. 


YEAS. 


Messrs.  President, 

Almon, 

Altman, 

Aslicraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Bethuue, 

Blackwell, 

Brooks, 

Bulger, 

Burns, 

Byars, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Dent, 

Duke, 

Foster. 

I'reeman, 

Glover, 

Graham  ( Montgomery ) , 

Grayson, 

Greer  (Calhoun), 

Haley. 

Handley, 

Heflin  (Chambers), 

Heflin  ( Randolph), 


Henderson, 
Howell, 

Jackson, 

Jones  (Bibb), 

Jones  ( Montgomery ) , 

Knighl;, 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

Martin, 

Maxwell, 

.Merrill, 

Miller  (Wilcox), 

Moody, 

^lurphree, 

XeSmith, 

Oates, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Pettus, 

Phillips, 

Pillans, 

Procter, 

TJeese, 

Rogers  ( Lowndes ) , 

Sam  ford, 

San  ford, 

Sea  rev, 

Senteil, 

Sloan, 

Smith  (Mobile), 


1388 


Journal  of  Alabama 


Smith,  Mac.  A., 
Smith,  Morgan  M., 
Sorrell, 

Spears, 
Spragins, 
Stewart, 
Studdard, 


Messrs.  Beddow, 

Davis  (Etowah), 

Eley, 

Eyster, 

Ferguson, 

Fletcher, 

Graham  ( Talladega  ] 

Grant, 

Greer  (Perry), 

Harrison, 

Hodges, 

Hood, 

Howze, 

Inge, 


Tayloe, 

Thompson, 

Weakley, 

White, 

Whiteside, 

Williams  (Barbour), 

Winn— 80. 


NAYS. 


Jones  (Wilcox), 

Kyle, 

Ledbettei, 

Lomax, 

Norman, 

Parker  (Cullman), 

Sanders, 

Selheimer, 

Vaughan, 

\Vaddell, 

Walker, 

Williams  (Elmore), 

Wilson  (Clarke), 

^Vllson  (Washington)- 


-28. 


The  question  recurred  upon  the  adoption  of  the  ori- 
ginal resolution  as  amended. 

The  resolution,  as  amended,  was  adopted. 


REGULAR  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the 
regular  order,  which  was  resolution  219. 

The  resolution  was  read  at  length  as  follows : 
llesolution  219,  by  Mr.  Beddow,  of  Jetferson  : 
Whereas,  Various  resolutions  have  been  adopted 
throughout  the  State  requesting  that  this  Convention 
patronize  union  labor  by  having  its  printing  done  by 
members  of  the  Typographical  Union,  and  that  the 
union  label  be  printed  thereon,  and 

Wliereas,  The  union  of  labor  should  be  encouraged  by 
the  people  of  Alabama  in  Convention  assembled; 


Constitutional  Convention.  1389 

Therefore,  be  it  resolved,  That  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses  be  and  they 
are  hereby  instructed  to  patronize  the  printing  estab- 
lishments having  in  their  employment  union  labor,  and 
have  the  union  label  printed  thereon. 

On  motion  of  Mr.  Coleman  of  Greene  the  resolution 
was  laid  upon  the  table. 

KEGULAR  OIIDER. 

The  Convention  proceeded  to  the  consideration  of  the 
j»egular  order,  which  was  the  report  of  the  Committee  on 
Militia. 

The  x\rticle  on  Militia  was  read  at  length  as  follows : 

An  ordinance  on  Militia: 

ARTICLE  — 

1.  All  able-bodied  white  uiale  inhabitants  of  this  State, 
between  the  ages  of  eighteen  years  and  forty-five  years, 
who  are  citizens  of  the  Uuited  States,  or  have  declared 
their  intention  to  become  such  citizens,  shall  be  liable 
to  military  duty  in  the  militia  of  the  State;  and  the 
General  Assembly  may  provide  for  the  organization 
from  among  such  citizens  of  a  State  naval  militia. 

2.  The  General  Assembly,  in  providing  for  the  organ- 
ization, equipment,  and  discipline  of  the  militia,  shall 
conform  as  nearly  as  practicable  to  the  regulations  for 
the  government  of  the  armies  of  the  United  States. 

3.  Each  company  and  regiment  shall  elect  its  own 
company  and  regimental  officers ;  but  if  any  company  or 
regiment  shall  neglect  to  elect  such  officers  within  the 
time  prescribed  by  law,  they  may  be  appointed  Tby  the 
Governor. 

4.  Volunteer  organizations  of  infantry,  cavali\v,  and 
artillery,  may  be  formed  in  such  manner,  and  under 
such  restrictions,  and  with  such  privileges,  as  may  be 
provided  by  law. 

5.  The  militia  and  vounteer  forces  shall,  in  all  cases, 
except  treason,  felony  and  breach  of  the  peace,  be  privi- 
leged from  arrest  during  their   attendance  at  musters. 


1390  Journal  of  Alabama 

parades,  and  elections,  and  in  going  to  and  returning 
from  the  same. 

6.  The  Governor,  shall,  except  as  otherwise  provided 
herein,  be  commander-in-chief  of  the  militia  and  volun- 
teer forces  of  the  State,  except  when  in  the  service  of 
the  United  States,  and  shall,  with  the  advice  and  con- 
sent of  the  Senate,  appoint  all  general  officers,  whose 
term  of  office  shall  ])e  for  four  years.  The  Governor, 
the  Generals  and  regimental  and  battalion  commanders, 
shall  appoint  their  own  staffs,  as  may  be  provided  by 
law. 

7.  The  General  Assembly  shall  provide  for  the  safe 
keeping  of  the  arms,  ammunition  and  accoutrements, 
military  records,  banners  and  relics  of  the  State. 

8.  Th(^  offi(  ers  and  men  of  the  militia  and  volunteer 
forces  shall  not  be  entitled  to,  or  receive,  any  pay, 
rations,  or  emoluments,  when  not  in  active  service. 

3fr.  Wilson  of  Glarke  offered  the  following  amend- 
ment to  Sections  1,  2  and  7,  which  was  adopted : 

Strike  out  the  words  "G<^neral  Assembly"  in  insert  in 
lieu  thereof  the  word  "Legislature"  in  Sections  1,  2  and  7. 

Mr.  Colenmn  of  (ireene  oft'ered  the  following  substi- 
tute for  Section  1 : 

The  Legislature  shall  have  power  to  declai-e  who  shall 
constitute  the  militia  of  the  State,  and  to  jtrovidc  for  or- 
ganizing, ai-ming  and  disciplining  the  same. 

^Ir.  Wilson  of  Glarke  offered  the  following  auu^nd- 
ment  to  the  substitute  offered  l)y  ^h\  Golmian  of  (rrcene, 
Avhich  was  adopted  : 

Amend  by  adding  at  the  end  of  ]Mr.  Golenmn's  amend- 
ment "the  Legislature  mav  ])rovide  for  tlie  orgn.uizing 
of  the  State  naval  militia.'' 

Mr.  Tettiis  movc^l  to  tal)l('  the  iiendiug  aineudiiieiits  to 
Section  1. 

The'motinn  was  lost :  A'cnis,  21  ;  inys,  75. 

YEAS. 

Messrs.  Bethune,  1  lodger!, 

Blackwell,  Tones  (Bibb), 

Ghapman,  ^Facdonald, 

Grayson,  ^Merrill, 


OONSTITUTIONAL  CONVENTION. 


1391 


Moody, 

O'^'eal  (Lauderdale), 

Pettus, 

Reese, 

Sanders, 

Spragins, 


Stewart, 
Tayloe, 
Thompson, 
Vauglian, 
^^'ilson  ((Mai'ke) 


-21. 


NAYS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bed  flow, 

Boone, 

Brooks, 

Bulger, 

Bnnis, 

Byars, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Davis,   (Etowah), 

Dent, 

Duke, 

Eley, 

Erster, 

Fletcher, 

Clover, 

Graham  ( Montgomery) , 

Graham  (Talladega), 

Grant, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  ( Randolph  )y 

Henderson, 


Hood, 
Howell, 
Howze, 
Inge, 
Jackson, 
Jenkins, 

Jones  (Montgomery), 
Jones  (Wilcox), 
Knight, 
Kyle, 
Led  better. 
Lorn  ax, 

Lowe  (Jefferson), 
Mc^Millan  (Baldwin), 
.Afartin, 
Maxwell, 
:\[mer  (Wilcox), 
-Alurphree, 
XeSmith, 
Gates. 

O'Neill  (Jefferson), 
Opp, 

Paikei-  (Cullman), 
Parker  (Elrnore), 
Phillips, 
Pilh.ns, 
Pitts. 
Proctor, 

Rogers  (Lowndes), 
8entel1, 
Sloan, 
Smith  (Mobile), 


1392        Journal  of  Alabama  0 

Sm.tb,  Mac.  x\.,  Whiteside, 

Smitli,  Morgan  M.,  Williams   (Barbour), 

Spears,  Williams  (Elmore), 

Waddell,  Wilson   (Washington), 

Walker,  Winn— 75. 

Watts, 

The  substitute  offered  bv  Mr.  Coleman  of  Greene  was 
adopted. 

Section  1,  as  amended,  was  thereupon  adopted. 

Mr.  Jones  of  Montgomer}-  offered  the  following  amend- 
ment to  Section  4  of  the  Article  on  Militia : 

Amend  Section  4  bv  adding  after  the  word  "artillery" 
the  words  "and  naval  militia." 

The  amendment  was  adopted. 

On  motion  of  Mr.  Wilson  of  Clarke  the  Article  on 
Militia  was  ordered  engrossed  for  a  third  reading  and 
adoption. 

REGULAR  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the 
regular  order,  which  was  the  report  of  the  Committee, 
on  Corporations. 

On  motion  of  Mr.  Harrison  the  article  was  considered 
section  by  section. 

SECTION  ONE. 

Was  read  at  length  as  follows : 

Section  1.  The  Legislature  shall  pass  no  special  act 
conferring  corporate  powers,  but  they  shall  pass  gen- 
eral laws  under  which  corporations  may  be  organized 
and  corporate  powers  of  every  nature  obtained,  subject 
nevertheless,  to  repeal  at  the  will  of  the  Legislature; 
and  shall  pass  general  laws  under  which  charters  here- 
tofore granted  may  be  altered  or  amended.  The  Leg- 
islature shall,  by  general  law,  provide  for  the  payment 
to  the  State  of  Alabama  of  a  franchise  tax  by  corpora- 
tions organized  under  the  laws  of  this  State,  which 
shall  be  in  proportion  to  the  amount  of  capital  stock. 


Constitutional  Convention.  1393 

Mr.  Harrison  offered  the  following  amendment  to 
•Section  1,  which  was  adopted : 

Amend  Section  1  b}"  striking  out  the  word  "they" 
where  it  first  appears  in  tlie  second  line  thereof,  and  in- 
sert in  lieu  thereof  the  word  "it,"  and  further  amend  Sec- 
tion 1  by  inserting  between  the  words  "to"  and  "rei>eal" 
on  the  third  line  thereof,  the  following  words,  to-wit: 
"Amendment,  alteration,  etc." 

Mr.  Harrison  offered  the  following  amendment  to  Sec- 
tion 1,  which  was  adopted : 

Amend  by  striking  out  the  words  "of  every  nature" 
on  line  three. 

Mr.  Ashcraft  moved  to  reconsider  the  vote  whereby 
the  first  amendment  to  Section  1  was  adopted. 

The  motion  prevailed. 

Mr.  Macdouald  moved  to  recommit  Section  1  to  the 
Committee  on  Corporations. 

The  motion  was  lost. 

Mr.  Walker  offered  the  following  amendment  to  Sec- 
tion 1,  which  was  adopted: 

"The  charter  of  any  corporation  shall  be  subject  to 
amendment,  alteration  or  repeal  by  general  laws." 

By  unanimous  consent  Mr.  Harrison  Avithdrew  his 
first  amendment  to  Section  1. 

Mr.  Watts  offered  the  following  amendment  to  Sec- 
tion 1,  which  was  adopted : 

Amend  Section  1  of  the  report  of  the  Committee  on 
Corporations  by  striking  out  the  word  "heretofore 
granted,"  in  the  fourth  line. 

On  motion  of  Mr.  Harrison  Section  1,  as  amended,  Avas 
adopted. 

SECTION  TWO. 

Was  read  at  length  as  follows: 

Sec.  2.  All  existing  charters  or  grants  of  special  or 
exclusive  privileges,  under  which  a  bona  fide  organiza- 
tion shall  not  have  taken  place  and  business  been  com- 
menced in  good  faith  within  twelve  months  from  the 
time  of  the  ratification  of  this  Constitution,  shall 
thereafter  have  no  validity. 

88 


1394  Journal  of  Alabama 

Mr.  Graham  of  Montgomery  offered  tlie  following 
amendment  to  Section  2 : 

Amend  Section  2  in  first  line  by  striking  out  the  words- 
"or  grants  of  special  or  exclusive  privileges." 

RECESS. 

Pending  the  further  consideration  of  the  report  of  the 
Committee  on  Corporations,  the  hour  of  1  o'clock  having 
arrived,  under  the  rules,  the  Convention  recessed  until 
3  :30  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum: 

Messrs.  President,  Davis  (Etowah), 

Altman,  Eyster, 

Ashcraft,  I^^erguson, 

Banks,  Fletcher, 

Barefield,  Foster, 

Bartlett,  (Hover, 

Beavers,  Graliam  (Montgomery), 

Beddow,  Graham  (Talladega), 

Black  well,  ^'-r-^nt, 

Boone,  Grayson, 

Brooks,  Greer  (Calhoun), 

Bulger,  Greer  (Perry), 

Burns,  Haley, 

Bvars,  Rnndley, 

Chapman,        '  Harrison, 

Cobb,  FTeflin  (Randolph), 

Craig  HeufUTson, 

Cunningham,  Roorl. 

Davis  (DeKalb),  nowell. 


CONSTITITTIONAL  CONVENTION. 


1395 


Sowze, 

Inge, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montffomerv), 

Jones  (Wilcox), 

Kyle, 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Miller  (Wilcox), 

Moody, 

Murpliree, 

Norman, 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettiis, 

Phillips, 

Pillans, 

Pitts, 


Pro4-tor, 

lloj^ers   ( Lowndes) , 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaughan, 

Walker, 

Weakle}^ 

Wliite, 

Whiteside, 

Williams  (Barbour), 

Williams  (Elmore), 

Wilson  (Clarke). 

Winn— 91. 


REPORT  OF  COMMITTEE  ON  RULES. 

Mr.  Smith  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  reported  favorably  the  folloAving  substi- 
tute for  resolutions  282  and  294.  The  substitute  was 
read  at  length  as  follows  and  adopted : 

Substitute  for  resolutions  282  and  294,  introduced  by 
Mr.  Williams  of  Elmore,  reported  by  Committee  on 
Rules : 

In  order  that  the  records  of  this  Convention  may  be 
complete,  be  it 

Resolved,  That  the  President  be  and  he  is  hereby 
authorized  to  arrange  for  the  printing  of  1,000  copies  of 


1396  Journal  of  Alabama 

the  daily  stenographic  proceedings  of  the  first,  second 
and  third  days  of  this  Convention,  and  that  the  Secre- 
tary of  this  Convention  be  and  he  is  hereby  authorized 
and  instructed  to  furnish  to  the  printer  with  whom  the 
President  shall  so  arrange,  a  copy  of  the  proceedings  of 
the  first,  second  and  third  days  of  the  Convention. 

Be  it  further  resolved,  That  when  said  proceedings  are 
printed  that  the  same  be  distributed  among  the  members 
of  this  Convention  as  official  stenographic  reports  have 
heretofore  been  distributed.  Said  copies  to  be  of  like 
size  and  form  as  the  said  reports. 

Mr.  Smith  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  llules,  reported  favorably  the  following  amend- 
ment to  rule  53,  which  was  read  at  length  one  time  and 
laid  upon  the  table,  to  be  taken  up  in  its  regular  order : 

Amendment  by  liules  Committee. 

Amend  rule  53  so  as  to  read  as  follows : 

Rule  53.  The  Committee  on  Order,  Consistency  and 
Harmony  of  the  Constitution,  shall  report  the  proposed 
Constitution  to  the  Convention,  or  any  part  or  parts 
thereof,  from  time  to  time  as  they  mnj  think  proper,  and 
the  Constitution,  or  the  parts  thereof,  so  reported,  shall 
be  read  and  acted  upon  article  by  article  and  submitted 
to  a  vote  of  the  Convention;  if  a  majority  of  the  members 
present  shall  vote  therefor  the  same  shall  be  adopted; 
but  if  amended  in  any  particular,  it  shall  be  re-referred, 
with  such  amendments  to  the  said  committee,  who  shall 
cause  the  article  or  articles  amended,  with  such  amend- 
ments so  adopted,  to  be  re-written  and  report  the  same 
to  the  Convention  for  its  action.  When  the  Constitution 
shall  have  finally  been  adopted  by  the  Convention,  it 
shall  be  enrolled,  and  when  enrolled,  it  shall  be 
again  read,  and  attested  by  the  President  and  Secretary, 
and  eaeh  delegate  to  the  Convention  shall  personally 
sign  his  name  thereto.  The  signature  of  the  majority 
of  the  delegates  present,  or  a  majority  of  the  Convention, 
shall  constitute  a  sufficient  attestation. 


Constitutional  Convention.  1397 

report  of  committee  on  engrossment. 
Mr.  SamforcL  chairman  of  the  Committee  on  Engross- 
ment, submitted  the  following  report,  which  was  con- 
curred in : 

Mr.  President: 

Your  Committee  on  Engrossment  beg  leave  to  report 
that  the}'  have  examined  the  following  report,  to- wit: 
Judicial  Department,  and  find  the  same  to  be  correctly 
engrossed. 

Kespectfullj  submitted, 

Wm.  H.  Samford^  Chairman.. 

ARTICLE  ON  THIRD  READING. 

The  Article  on  the  Judicial  Department  was  read  r.t 
length  as  follows  a  third  time  and  adopted:  Yeas,  79; 
nays,  2. 

JUDICIAL   DEPARTMENT. 

Section  1.  The  judiciul  powers  of  the  State  shall  be 
vested  in  the  Senate  sitting  as  a  court  of  impeachment, 
a  Supreme  Court,  Circuit  Courts,  Chancery  Courts, 
Courts  of  Probate,  such  courts  of  law  and  equity  infer- 
ior to  the  Supreme  Court,  and  to  consist  of  not  more 
than  five  members,  as  the  Legislature  from  time 
to  time  may  establish,  and  such  persons  as  may  be  by  law 
invested  with  powers  of  a  judicial  nature;  but  no  court 
of  general  jurisdiction,  at  law  or  in  equity,  or  both, 
shall  hereafter  be  established  in  and  for  any  one  county 
having  a  population  of  less  than  20,000,  or  property  as- 
sessed for  taxation  at  a  less  valuation  than  |3, 500, 000. 

Sec.  2.  Except  in  cases  otherwise  directed  in  this 
Constitution,  the  Supreme  Court  shall  have  appellate 
jurisdiction  only,  which  shall  be  coextensive  with  the 
State,  under  such  restrictions  and  reuulations,  not  re- 
pugnant to  this  Constitution,  as  may  from  time  to  time 
be  prescribed  by  law,  except  where  jurisdiction  over  ap- 
peals is  vested  in  some  inferior  court,  and  made  final 
therein ;  provided,  that  the  Supreme  Court  shall  have 


1398  Journal  of  Alaba?.ja 

power  to  issue  Avrits  of  injunction,  habeas  corpus,  quo 
warranto,  and  such  other  remedial  and  original  writs  as 
may  be  necessary  to  give  it  a  general  superintendence 
and  control  of  inferior  jurisdictions. 

Sec.  3.  The  Supreme  Court  shall  be  held  at  the  seat 
of  government,  but  if  that  shall  become  dangerous  from 
any  cause,  it  may  adjourn  to  another  place. 

Sec.  4,  Except  as  otherwise  authorized  in  this  arti- 
cle, the  State  shall  be  divided  into  convenient  circuits. 
For  each  circuit  there  shall  be  chosen  a  judge,  who 
shall,  for  one  year  next  preceding  his  election  and  dur- 
ing his  continuance  in  office,  reside  in  the  circuit  for 
Avhich  he  is  elected. 

Sec.  5.  The  Circuit  Court  shall  have  original  juris- 
diction in  all  matters  civil  and  criminal  within  the 
State  not  otherwise  excepted  in  this  Constitution;  but 
in  civil  cases,  other  than  suits  for  libel,  slander,  assault 
and  battery,  and  ejectment,  it  shall  have  jurisdiction 
only  where  the  matter  or  sum  in  controversy  exceeds 
fifty  dollars. 

Sec.  6.  A  Circuit  Court,  or  a  court  having  the  juris- 
■diction  of  the  Circuit  Court,  shall  be  held  in  each  county 
in  the  State  at  least  twice  in  every  year,  and  judges  of 
the  several  courts  mentioned  in  this  section  may  hold 
court  for  each  other  when  they  deem  it  expedient,  and 
shall  do  so  when  directed  by  law.  The  judges  of  the  sev- 
eral courts  mentioned  in  this  section  shall  have  power  to 
issue  writs  of  injunction,  returnable  in  the  Courts  of 
"Chancery,  or  courts  having  the  jurisdiction  of  Courts 
of  Chancery. 

Sec.  7.  The  Legislature  shall  have  power  to 
establish  a  Court  or  Courts  of  Chancery,  with  original 
and  appellate  jurisdiction,  except  as  otherwise  author- 
ized in  this  article.  The  State  shall  be  divided  by  the 
Legislature  into  convenient  Chancery  divisions; 
each  division  shall  be  divided  into  districts,  and  for  each 
division  there  shall  be  a  chancellor,  who  shall  have  re- 
sided for  one  year  next  preceding  his  election  or  ap- 
pointment, and  at  the  time  of  his  election  or  appoint- 
ment, and  during  his  continuance  in  office  in  the  di vi- 
sion for  which  he  shall  be  elected  or  appointed. 


Constitutional  Convention,  1399 

Sec.  8.  A  Chancery  Court,  or  a  court  having  the  juris- 
diction of  the  Chancery  Court,  shall  be  held  in  eauh  dis- 
trict, id  a  place  to  be  fixed  by  law,  at  least  twice  in  each 
year,  and  the  chancellors  may  hold  court  for  each  other 
when  they  deem  it  necessary. 

Sec.  9.  Any  county  having  a  population  exceeding 
20,000,  according  to  the  next  preceding  Federal  census, 
and  also  taxable  property  exceeding  |3, 500, 000  in  value, 
.according  to  the  next  preceding  assessment  of  property 
for  State  and  county  taxation,  need  not  be  included  in 
any  circuit  or  chancery  division;  but  if  the  value  of  its 
taxable  property  shall  be  reduced  below  that  limit,  or 
if  its  population  shall  be  reduced  below  that  number, 
the  Legislature  shall  include  such  county  in  a 
circuit  and  chancery  division  or  either,  embracing  more 
than  one  county. 

No  circuit  or  chancer^'  division  shall  contain  less  than 
three  counties,  unless  there  be  embraced  therein  a  county 
having  a  population  exceeding  20,000,  and  taxable  prop- 
erty -exceeding  |3, 500, 000.  The  Legislature  may 
-confer  upon  the  Circuit  Court  or  the  Chancery  Court 
the  jurisdiction  of  both  of  said  courts.  In  counties  hav- 
ing two  or  more  courts  of  record,  the  Legislature 
may  provide  for  the  consolidation  of  all  or  any  of  such 
courts  of  record,  except  the  Probate  Court,  with  or 
without  separate  divisions,  and  an  appropriate  number 
of  Judges  for  the  transaction  of  the  business  of  such 
consolidated  court. 

Sec.  10.  The  Legislature  shall  have  power  to 
establish  in  each  county  within  the  State  a  court  of  Pro- 
bate, with  general  jurisdiction  to  grant  letters  testa- 
mentary and  of  administration,  and  of  orphans'  busi- 
ness; provided,  that  whenever  any  court  having  equity 
powers  has  taken  jurisdiction  of  the  settlement  of  any 
estate,  it  shall  have  power  to  do  all  things  necessary  for 
the  settlement  of  such  estate,  including  the  appointment 
and  removal  of  administrators,  executors,  guardians  and 
trustees,  and  including  action  upon  the  resignation  of 
either  of  them. 

Sec.  11.  The  Justices  of  the  Supreme  Court,  Chancel- 
lors, and  the  Judges  of  the  Circuit  Courts,  and  other 


1400  Journal  of  Alabama 

courts  of  record,  except  Probate  Courts,  shall,  at  stated 
times,  receive  for  their  services  a  compensation  which 
shall  not  he  diminished  during  their  official  term;  they 
shall  receive  no  fees  or  perquisites,  nor  hold  any  office 
(except  judicial  offices)  of  profit  or  trust  under  this- 
State  or  the  United  States,  or  any  other  power,  during 
the  term  for  which  they  have  been  elected  or  appointed. 

Sec.  12.  The  Supreme  Court  shall  consist  of  one 
Chief  Justice  and  such  number  of  Associate  Justices  as 
may  be  prescribed  by  law. 

Sec.  13.  The  Chief  Justice  and  Associate  Justices  of 
the  Supreme  Court,  Judges  of  the  Circuit  Courts,  Pro- 
bate Courts,  and  Chancellors,  shall  be  elected  by  the 
qualified  electors  of  the  State,  circuits,  counties  and 
chancery  divisions,  for  which  such  courts  may  be  estab- 
lished, at  such  times  as  may  be  prescribed  by  law,  except 
as  herein  otherwise  provided. 

Sec.  14.  The  Judges  of  such  inferior  courts  of  law 
and  equity  as  may  be  by  law  established,  shall  be  elected 
or  appointed  in  such  mode  as  the  Legislature  ma*y  pre- 
scribe. 

Sec.  15.  Chancellors  and  Judges  of  all  courts  of  rec- 
ord, shall  have  been  citizens  of  the  United  States  and 
of  this  State  for  five  years  next  preceding  their  election 
or  appointment,  and  shall  be  not  less  than  25  years  of 
age;  and,  except  Judges  of  Probate  Courts,  shall  be 
learned  in  the  law. 

Sec.  16.  Except  as  otherwise  provided  in  this  article, 
the  Chief  Justice  and  Associate  Justices  of  the 
Supreme  Court,  Circuit  Judges,  Chancellors,  and 
Judges  of  Probate,  shall  hold  office  for  the  term 
of  six  years,  and  until  their  successors  are 
elected  or  appointed,  and  qualified;  and  the  right 
of  such  Judges  and  Chancellors  to  hold  their  offices  for 
the  full  term  hereby  prescribed  shall  not  be  affected  by 
any  change  liereafter  made  by  law  in  any  circuit,  divi- 
sion or  county,  in  the  mode  or  time  of  election. 

Sec.  IT.  The  Chief  Justice  and  Associate  Justices  of 
the  Supreme  Court  shall  be  chosen  at  an  election  held 
at  the  time  and  place  fixed  by  law  for  the  election  of 
meml^ers  of  the  House  of  Representatives  of  the  Con- 


Constitutional  Ci^nvention.  1401 

gress  of  the  United  States,  until  the  Legislature 
shall,  by  law,  change  the  time  of  holding  such  election. 
The  term  of  office  of  the  Chief  Justice,  \\'ho  shall  be 
elected  in  the  year  11)04,  shall  be  as  provided  in  the  last 
preceding  section.  The  successors  of  two  of  the  Asso- 
ciate Justices  elected  in  1904  shall  be  elected  in  the 
year  1906,  and  the  successors  of  the  other  two  Associate 
Justices  elected  in  1904  shall  be  elected  in  the  year  1908. 
The  Associate  Justices  of  said  court  elected  in  the  year 
1904  shall  draw  or  cast  lots  among  themselves  to  deter- 
mine which  of  them  shall  hold  office  for  the  terms  end- 
ing, respectively,  in  the  years  1906  and  1908,  and  until 
their  respective  successors  are  elected  or  appointed  and 
qualified.  The  result  of  such  determination  shall  be 
certified  to  the  Governor,  by  such  Associate  Justices, 
or  a  majority  of  them,  prior  to  the  first  day  of  January, 
1905,  and  such  certificate  shall  be  entered  upon  the  min- 
utes of  the  court.  In  the  event  of  the  failure  of  said  As- 
sociate Justices  to  make  and  certify  such  determination, 
the  G'overnor  shall  designate  the  terms  for  which  they 
shall  respectively  hold  office,  as  above  provided,  and 
shall  issue  his  proclamation  accordingly.  In  the  event 
of  an  increase  or  reduction  by  law  of  the  number  of  As- 
sociate Justices  of  the  Supreme  Court,  the  Legislature 
shall,  as  nearly  as  may  be,  provide  for  the  elec- 
tion, each  second  year,  of  one-third  of  the  members  of 
said  court. 

Sec.  IS.  All  judicial  officers  within  their  respective 
jurisdictions  shall,  by  virtue  of  their  offices,  be  conser- 
vators of  the  peace. 

Sec.  19.  Vacancies  in  the  office  of  any  of  the  judges 
who  hold  office  by  election,  or  chancellors  of  this  State, 
shall  be  filled  by  appointment  by  the  Governor;  such 
appointee  shall  hold  his  office  until  the  next  general 
election  held  at  least  six  months  after  the  vacancy  oc- 
curs, and  until  his  successor  is  elected  and  qualified; 
the  successor  chosen  at  such  election  shall  hold  office 
for  the  unexpired  term  and  until  his  successor  is  elected 
and  qualified. 

Sec.  20.  Whenever  any  new  circuit  or  chancery  divi- 
sion is  created  the  eJudge  or  Chancellor  therefor  shall 


1402  Journal  of  Alabama 

be  elected  at  the  next  election  for  Representatives  to 
the  Legislature  for  a  term  to  expire  at  the  next 
general  election  for  Judges  and  Chancellors;  provided, 
that  if  said  new  circuit  or  chancery  division  is  created 
more  than  six  months  before  the  next  election  of  Rep- 
resentatives to  the  Legislature,  tlie  Governor  shall  ap- 
point some  one  as  Judge  or  Chancellor,  as  the  case 
may  be,  to  hold  the  office  until  such  election. 

Sec.  21.  If  in  any  case,  civil  or  criminal,  pending  in 
any  Circuit  Court,  Chancery  Court,  or  in  any  court 
having  the  jurisdiction  of  a  Circuit  or  Chancery  Court, 
or  either  of  them,  in  this  State,  the  presiding  Judge  or 
Chancellor  shall,  for  any  legal  cause,  be  incompetent 
to  try,  hear  or  render  judgment  in  such  case,  the  parties, 
or  their  attorneys  of  record,  if  it  be  a  civil  case,  or  the 
solicitor  or  prosecuting  officer,  and  the  defendant  or  de- 
fendants, if  it  be  a  criminal  case,  may  agree  upon  some 
disinterested  person,  practicing  in  the  court  and  learned 
in  the  law,  to  act  as  special  judge  or  chancellor  to  sit 
as  a  court,  and  to  hear,  decide  and  render  judgment  in 
the  same  manner  and  to  the  same  effect  as  a  Chancellor 
or  as  a  Judge  of  the  Circuit  Court,  or  of  a  court  having 
the  jurisdiction  of  a  Circuit  and  Chancery  Court,  or 
either,  sitting  as  a  court  might  do  in  such  case.  If  the 
case  be  a  civil  one,  and  the  parties  or  their  attorneys  of 
record  do  not  agree;  or  if  it  be  a  criminal  one  and  the 
prosecuting  officer  and  the  defendant  or  defendants  do 
not  agree  upon  a  special  Judge  or  Chancellor,  or  if 
either  party  in  a  civil  cause  is  not  represented  in  court, 
the  Register  in  Chancery  or  the  clerk  of  such  Circuit 
or  other  court,  in  which  s^id  cause  is  pending,  shall  ap- 
point a  special  Judge  or  Chancellor,  who  shall  preside, 
try  and  render  judgment  as  in  this  section  provided. 
The  Legislature  may  prescribe  other  methods  of  sup- 
plying special  Judges  in  such  cases. 

Sec.  22.  The  Legislature  shall  have  power  to 
provide  for  the  holding  of  Chancery  and  Circuit  Courts, 
and  for  the  holding  of  courts  having  the  jurisdiction  of 
Circuit  and  Chancery  Courts,  or  either  of  them,  when 
the  Chancellors  or  Judges  thereof  fail  to  attend  regular 
terms. 


Constitutional  Convention.  1403 

Sec.  23.  No  Judge  of  any  court  of  record  in  this  State 
shall  practice  law  in  any  of  the  courts  of  this  State  or 
of  the  United  States. 

Sec.  24.  Registers  in  chancer}'-  shall  be  appointed  by 
the  Chancellors  of  the  respective  divisions,  and  sliall 
have  been  at  least  twelve  months  before  their  appoint- 
ment, and  shall  be  at  the  time  of  their  appointment  and 
during  their  continuance  in  office,  resident  citizens  of 
the  district  for  which  they  are  appointed.  They  shall 
hold  office  for  the  term  for  which  the  Chancellor  making 
such  appointment  was  elected  or  appointed.  Such  regis- 
ters shall  receive  as  compensation  for  their  ser- 
vices onl}^  such  fees  and  commissions  as  may  be  spe- 
cifically prescribed  by  law,  which  fees  shall  be  uniform 
throughout  the  State. 

Sec.  25.  The  clerk  of  the  Supreme  Court  shall  be  ap- 
pointed by  the  Judges  thereof,  and  shall  hold  office  for 
the  term  of  six  years,  and  the  clerks  of  such  inferior 
courts  as  may  be  established  by  law  shall  be  selected 
in  such  manner  as  the  Legislature  may  provide. 

Sec.  26.  Clerks  of  the  Circuit  Court  shall  be  elected 
by  the  qualified  electors  in  each  county  for  the  term  of 
six  years,  and  may,  when  appointed  by  the  Chancellor, 
also  fill  the  office  of  Register  in  Chancery.  Vacancies 
in  such  office  of  clerk  shall  l»e  filled  by  the  Judge  of  the 
Circuit  for  the  unexpired  term. 

Sec.  27.  The  clerk  of  the  Supreme  Court  and  regis- 
ters in  Chancery  may  be  removed  by  the  Jus- 
tices of  the  Supreme  Court,  and  by  the  Chancellor  re- 
spectively, for  cause,  to  be  entered  at  length  upon  the 
minutes  of  the  court. 

Sec.  28.  A  Solicitor  for  each  Judicial  Circuit  or  other 
territorial  sulxliA'ision  jjrescribed  by  the  Legislature, 
shall  be  elected  by  the  qualified  electors  of  such  circuit 
or  other  territorial  subdivision,  who  shall  be  learned  in 
the  law,  and  who  shall,  at  the  time  of  his  election,  and 
during  his  continuance  in  office,  reside  in  a  county  in 
the  circuit  in  Avhich  he  prosecutes  criminal  cases,  or 
other  other  territorial  subdivision  for  which  he  is 
elected,  and  whose  term  of  office  shall  be  four  years,  and 
who  shall  receive  no  other  compensation  than  a  salary 


1404  Journal  of  Alabama 

to  be  prescribed  by  law,  which  shall  not  be  increased 
during  the  term  for  which  he  was  elected;  provided,  that 
this  article  shall  not  operate  to  abridge  the  term  of  any 
Solicitor  now  in  office;  and,  provided  further,  that  the 
Solicitors  elected  in  the  year  1904  shall  hold  office  for 
six  years,  and  until  their  successors  are  elected  and 
qualified;  and,  provided  further,  that  the  Legislature 
may  provide  by  law  for  the  appointment  by  the  Gover- 
nor or  the  election  by  the  qualified  electors  of  a  county 
of  a  Solicitor  for  any  county. 

Sec.  29.  In  each  precinct  not  lying  within,  or  partly 
within,  any  city  or  incorporated  town  of  more  than  1,500 
inhabitants,  there  shall  be  elected,  by  the  qualified  elec- 
tors of  such  precinct  not  exceeding  two  Justices  of  the 
Peace  and  one  Constable.  Where  one  or  more  precincts 
lie  within,  or  partly  within,  a  city  or  incorporated  town 
having  more  than  1,500  inhabitants,  the  Legislature 
may  provide  by  law  for  the  election  of  not  more 
than  two  Justices  of  the  Peace  and  one  Constable,  for 
each  of  such  precincts,  or  an  inferior  court  for  such 
precinct  or  precincts,  in  lieu  of  all  Justices  of  the  Peace 
therein.  Justices  of  the  Peace,  and  the  inferior  courts 
herein  provided  for,  shall  have  jurisdiction  in  all  ci^il 
cases  where  the  amount  in  controversy  does  not  exceed 
|100,  except  in  cases  of  libel,  slander,  assault  and  bat- 
tery, and  ejectment.  The  Legislature  may  pro- 
vide by  law  what  fees  may  be  charged  by  Justices  of  the 
Peace  and  Constables,  which  fees  shall  be  uniform 
throughout  the  State.  The  right  of  appeal  from  any 
judgment  of  a  Justice  of  the  Peace,  or  from  any  infer- 
ior court  authorized  by  this  section,' without  the  prepay- 
ment of  costs,  and  also  in  the  term  of  office  of  such  Jus- 
tices, and  of  the  Judges  of  such  inferior  courts,  and  of 
Notaries  Public,  shall  be  provided  for  by  law.  The  Gov- 
ernor may  appoint  Notaries  Public  without  the  powers 
of  a  Justice  of  tlie  Peace,  and  may,  except  where  other- 
wise provided  by  an  act  of  the  Legislature,  ap- 
point not  more  than  one  Notary  Public  with  all  of  the 
powers  and  jurisdiction  of  a  Juv<5tice  of  the  Peace  for 
each  precinct  in  which  the  election  of  Justices  of  the 
Peace  shall  be  authorized. 


Constitutional  Convention.  1405 

Sec.  30.  The  Attorney  General  shall  be  elected  by  the 
qualified  electors  of  the  State  at  the  same  time  and 
places  of  election  of  members  of  the  Legislature, 
whose  term  of  office  shall  be  for  four  years  and  until 
his  successor  is  elected  and  qualified.  He  sliall  reside 
at  the  seat  of  government,  shall  be  the  law  officer  of  the 
State,  and  shall  perform  such  duties  as  may  be  required 
<»f  him  by  law. 

Sec.  3i.  The  style  of  all  process  shall  be  "The  State 
of  Alabama"  and  all  prosecutions  shall  be  carried  on  in 
the  name  and  by  the  authority  of  the  same,  and  shall 
conclude  "Against  the  peace  and  dignity  of  the  State." 

Sec.  32.  After  suit  has  been  commenced  on  any  cause 
of  action  the  Legislature  shall  have  no  power  to  take 
away  such  cause  of  action,  or  to  destroy  any  defense 
that  may  exist  to  any  suit  after  such  suit  has  been  com- 
menced. 

Sec.  33.  The  Legislature  shall  have  the  power  to 
abolish  any  court  (except  the  Supreme  Court  and  the 
Probate  Courts)  whenever  its  jurisdiction  and  func- 
tions have  been  conferred  upon  some  other  court. 

Sec.  34.  Nothing  in  this  article  shall  be  so  construed 
as  to  effect  the  term  of  oflflce  of  any  officer  now  in  office. 

YEAS. 

Messrs.  President,  Eyster, 

Almon,  Kerguri(  n, 

Altman,  l^'letcher, 

Ashcraft,  Foster, 

Banks,  Glover, 

Barefield,  Graham  (Montgomery), 

Beddow,  (J  rant, 

Bethune,  Grayson, 

Blackwell,  Greer  (Calhoun), 

Boone,  Haley, 

Chapman,  Handley, 

Cobb,  Heflin  (Chambers), 

Craig,  Heflin  (Randolph), 

^^'nnningham,  Hood, 

Davis  (Etowah),  Howell, 


1406 


Journal  of  Alaba^ia 


Howze, 

Inge, 

Jenkins, 

Jones,  (Bibb), 

Jones  ( Montgomery ) , 

Jones  (Wilcox), 

.  Knight, 

Ledbetter, 

Lowe  (Jefferson), 

Lowe  (Law^renee), 

Macdonald, 

McMillan  (Baldwin), 

Martin, 

Maxwell, 

.Miller  (Wilcox), 

Moody, 

IMurpliree, 

NeSmith, 

Norwood, 

O'Neal    (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 


Pettus, 

Pillans, 

IMtts, 

Proctor, 

Reese, 

IJogers  ( Lowndes ) , 

Samford, 

Sanders, 

8:iuford, 

Searcy, 

Smith  (Mobile), 

Sorrell, 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

^Veaklev, 

White,  ' 

Whiteside, 

Williams  (Barbour), 

Wilson  (Clarke)— 79. 


NAYS. 


Messrs.  Byars, 


Cofer— 2. 


UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business,  which  was  the  report  of  the 
Committee  on  Corporations. 

The  question  recurred  upon  the  adoption  of  the 
amendment  of  Mr.  Graham  of  ^rontgomery  to  Section 
2. 

The  amendment  to  Section  2  was  adopted. 

On  motion  of  Mr.  Harrison  Section  2  was  ado])ted 
as  amended. 


Constitutional  Convention.  1407 

section  three. 

Was  read  at  length  as  follows: 

Sec.  3.  The  Legislature  shall  not  remit  the  forfeit- 
ure of  the  charter  of  anv  corporation  now  existing, 
nor  alter  or  amend  the  same,  nor  pass  any  general  or 
special  law  for  the  benefit  of  such  corporation,  other 
than  in  execution  of  a  trust  created  by  law  or  by  con- 
tract, except  upon  the  condition  that  such  corporation 
shall  thereafter  hold  its  charter  subject  to  the  provis- 
ions of  this  Constitution,  and  every  amendment  of  any 
charter  of  any  corporation  in  this  State,  or  any  special 
law  for  its  benefit,  accepted  thereby,  shall  operate  as 
a  novation  of  said  charter,  and  shall  bring  the  same 
under  the  provisions  of  this  Constitution ;  provided, 
that  this  section  shall  not  extend  to  any  amendment 
for  the  purpose  of  allowing  any  existing  road  to  take 
stock  in  or  aid  in  building  any  branch  road. 

Mr.  O'Neal  of  Lauderdale  offered  the  following 
amendment  to  Section  3 : 

Amend  Section  3  by  striking  out  in  line  2  the  words 
"or  special,''  and  also  the  words  "'or  any  special  law 
for  its  benefit"  in  line  6. 

On  motion  of  Mr.  Graham  of  Montgomery  the  amend- 
ment was  laid  upon  the  table. 

Mr.  Walker  offered  the  following  amendment  to  Sec- 
tion 3,  which  was  adopted  : 

Amend  by  strikino;  out  all  after  the  word  "Constitu- 
tion" on  line  5. 

On  motion  of  ]Mr.  Harrison  Section  3,  as  amended, 
was  adopted. 

SECTION  FOUR. 

Was  read  at  length  as  follows : 

Sec.  4.  No  foreign  corporation  shall  do  any  busi- 
ness in  this  State  without  having  at  least  one  known 
place  of  business  and  an  authorized  agent  or  agents 
therein,  and  without  filing  with  the  Secretary  of  State 
a  certified  copy  of  its  articles  of  incorporation  or  asso- 
ciation, and  of  the  law  and  authority  under  which   't 


4408  Journal  of  Alabama 

is  incorporated.  Siieli  corporation  may  be  sued 
in  any  county  wliere  it  does  business,  by  ser- 
vice of  process  upon  an  agent  anywhere  in  the 
State.  The  Legislature  shall,  by  general  law, 
provide  for  the  payment  to  the  State  of  Alabama, 
of  a  franchise  tax  by  such  corporation,  Avhich  shall  be 
the  same  as  that  required  of  domestic  corporations  and 
in  proportion  to  the  amount  of  its  capital  stock,  but 
stricth^  benevolent  or  religious  corporations  shall  not 
be  required  to  pay  such  a  tax. 

Mr.  Harrison,  on  behalf  of  the  committee,  offered 
the  following  amendment,  which  was  adopted  by 
unanimous  consent : 

Amend  Section  4  by  inserting  in  line  9  after  the  word 
"benevolent''  the  word  "educational.'' 

Mr.  Harrison,  on  behalf  of  the  committee,  offered 
the  following  amendment  to  Section  4,  which  was 
adopted: 

Amend  Section  4  by  striking  out  in  line  4  the  follow- 
ing words  to-wit :  "And  of  the  law  and  authority  under 
which  it  is  incorporated. 

Mr.  Kyle  offered  the  following  amendment  to  Sec- 
tion 4,  which  was  adopted  by  unanimous  consent: 

Amend  Section  4  of  report  of  Committee  on  Corpora- 
tions by  striking  out  all  of  seventh  line  after  word 
"corporation,"  and  all  of  eighth  line  except  word 
"but,"  and  insert  following:  "Based  on  actual  amount 
of  capital  employed  in  this  State." 

On  motion  of  Mr.  Harrison  Section  4,  as  amended, 
was  adopted. 

SECTION  FIVE. 

Was  read  at  length  as  follows : 

Sec.  5.  No  corporation  shall  engage  in  any  business 
other  than  that  expressly  specified  in  its  declaration 
or  application. 

Mr.  Harrison,  on  behalf  of  the  committee,  offered  the 
following  amendment  to  Section  5 : 

Amend  Section  5  by  striking  out  the  word  "specified 
in  its  declaration  or  application,"  and  inserting  in  lieu 


Constitutional  Convention.  1409 

thereof  ihe  words  "authorized  in  its  charter,  or  articles 
of  incorporation." 

The  amendment  was  adopted. 

Mr.  Pettus  offered  tlie  following  amendment  to  Sec- 
tion 5 : 

Amend  Section  5  of  report  of  the  Committee  on  Cor- 
porations by  adding  at  the  end  of  the  said  section  the 
following  words :  "Any  corporation  violating  the  pro- 
visions of  this  section,  either  by  itself  or  by  any  agent, 
and  all  persons  aiding  in  such  violation  shall  be  liable 
in  damages,  proximate  or  remote,  to  any  person  or 
corporation  who  is  injured  by  such  violation  in  any 
manner  whatsoever." 

On  motion  of  Mr.  Boone  the  amendment  was  laid 
upon  the  table. 

Mr.  Smith  of  Mobile  offered  the  following  amend- 
ment to  Section  5 : 

Amend  Section  5  by  striking  out  everything  after 
the  word  "expressly"  and  inserting  the  words  "author- 
ized by  law." 

The  amendment  of  Mr.  Smith  of  Mobile  was  lost. 

On  motion  of  Mr.  Harrison  Section  5,  as  amended, 
was  adopted, 

section  six. 

Was  read  at  length  as  follows  and  adopted. 

Sec.  6.  No  corporation  shall  issue  stock  or  bonds 
except  for  money,  labor  done,  or  money  or  property 
actually  received;  and  all  fictitious  increase  of  stock 
or  indebtedness  shall  be  void.  The  stock  and  bonded 
indebtedness  of  corporations  shall  not  be  increased  ex- 
cept in  pursuance  of  general  laws,  nor  without  the  con- 
sent of  the  persons  holding  the  larger  amount  of  value 
of  stock,  first  obtained  at  a  meeting  to  be  held  after  30 
days'  notice,  given  in  pursuance  of  law. 

SECTION  SEVEN. 

Was  read  at  length  as  follows : 

Sec.  7.  Municipal  aud  other  corporations  and  indi- 
viduals invested  with  the  privilege  of  taking  private 

89 


1410  Journal  of  Alabama 

propert}'  for  public  use,  shall  make  just  compeiasatiou^ 
to  be  aseertained  as  may  be  provided  bv  law,  for  the 
property  taken,  injured  or  destroyed  by  tlie  construct- 
tion  or  enlargement  of  its  works,  liiL;hways  or  improve- 
ments, which  compensation  shall  l)e  paid  before  such 
taking,  injury  or  destruction.  The  Legislature  is  here- 
by prohibited  from  depriving  any  person  of  an  appeal 
from  any  preliminary  assessment  of  damages  against 
any  such  corporations  or  individuals  nuide  by  viewers 
or  otherwise,  but  such  appeal  shall  not  deprive  the  per- 
son who  has  obtained  the  judgment  or  condemnation 
from  a  right  of  entry,  provided  he  shall  give  bond  with 
good  and  sufficient  sureties  to  pay  such  damages  as  the 
property  owner  may  sustain;  and  the  amount  of  such 
damages  in  all  cases  of  appeal  shall,  on  the  demand  of 
either  party,  be  determined  by  a  jury  according  to  law. 

Mr.  Vwilker  ottered  the  following  amendment  to  Sec- 
tion 7,  which  was  adopted : 

Amend  by  inserting  after  the  word  ''bond"  on  line 
nine,  the  words  "in  not  less  than  double  the  amount  of 
the  damages  assessed." 

]Mr.  Beddow  offered  the  following  amendment  to  Sec- 
tion 7 : 

Amend  Section  7  ])y  striking  out  all  the  words  begin- 
ning on  line  7  after  the  word  '"otherwise"  to  and  in- 
cluding the  word  "sustain"  in  the  tenth  line. 

Mr,  Cobl)  offered  the  following  amendment  to  the 
amenduu'ut  offered  by  Mr.  Beddow : 

Amend  by  striking  out  all  words  after  the  word 
"provided"  in  the  ninth  line,  down  to  and  including 
the  word  "sustained,"'  and  in  lieu  thereof  by  inserting 
the  following:  "He  shall  pay  into  court  the  money 
which  has  been  awarded  to  him  as  damages  as  by  giving 
bond  for  the  payment  of  any  additional  amount  which 
may  be  awarded  to  him  on  appeal  and  for  costs." 

IMr.  Almon  moved  to  table  the  auu'ndment  of  ^Nfr. 
Beddow  and  the  amendment  to  the  amendment  offered 
by  Mv.  nobb. 

The  motion  prevailed,  and  the  amendment  and  the 
amendment  to  the  amendment  was  laid  u])on  the  table. 

On  motion  of  Mr.  Harrison  Section   7  was  adopt(Ml. 


Constitutional  Convention.  1411 

.section  eight. 

Was  read  at  length  as  follows : 

See.  8.  Dues  from  private  corporations  shall  be  se- 
cured by  such  nieaus  as  niav  be  prescribed  1\y  law,  but 
in  no  case  shall  any  stockholder  be  individually  liable 
otherwise  than  for  the  unpaid  stock  owned  by  him  or 
her. 

Mr.  Watts  offered  the  followiiii;  amendment  to  Sec- 
tion 8 : 

Amend  Section  8  of  the  report  of  the  Committee  on 
Corporations  b}'  adding  at  the  end  of  Section  8  the  fol- 
lowing: "Provided  that  where  stock  is  i>aid  for  in  prop- 
erty or  labor  at  less  than  the  fair  value  of  said  labor 
or  propert}^,  the  person  so  paying  for  said  stock  shall 
be  liable  to  the  creditors  of  said  corporation  for  the 
difference  between  the  fair  value  of  said  labor  or  prop- 
erty and  the  value  at  which  it  was  used  in  paying  for 
said  stock." 

On  motion  of  Mr.  (')pp  the  amendment  was  laid  upon 
the  table. 

On  motion  of  Mr.  Harrison  Section  8  was  adopted. 

On  motion  of  Mr.  Harrison  the  further  considera- 
tion of  the  rei)ort  of  the  Committee  on  Corporations 
was  postponed  until  12  o'clock  m.  Monday,  and  the 
same  was  made  a  special  order  for  that  hour. 

adjournment. 

The  hour  of  6  o'clock  having  arrived,  und(H'  the  reso- 
lution heretofore  adopted,  the  Convention  adjourned 
until  12  o'clock  m.  on  IVfonday, 


SEVENTY-FIFTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Monday,  August  19,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  A.  L.  Andrews  of  the  city. 


1412 


Journal  of  Alabama 


ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 


Messrs,  President, 

Almon, 

Ashcraft, 

Banks, 

Barefield, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burns, 

Byars, 

Carmichael  (Colbert), 

Chapman, 

Cobb, 

Cofer, 

Cornwell, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Espy, 

Ferguson, 

Fitfs, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 


Glover, 

Graham  (Montgomery), 

Grant, 

Grayson, 

Haley, 

Handley, 

Harrison, 

Hefliu  (Chambers), 

Heflin  (Randolph), 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Maxwell, 

Merrill, 

Murphree, 


Constitutional  Convention. 


1413 


Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 
Pillans, 

Pitts, 

Proctor, 

Reese, 

Reynolds  (Chilton), 

Ro.2^ers  (Sumter). 

Sanders, 
Sanford, 

Searcy, 

Selheimer, 

Sentell, 

S^oan, 


-Smith  (Mobile), 
Smith,  Mac.  A. 
Sorrell, 
Spears, 
Spragins, 
Stewart, 
Studdard, 
Tayloe, 
Thompson, 
Vaughan, 
Waddell, 
Walker, 
Watts, 
Weakley, 
Weatherly, 
White, 
Whiteside, 
Williams  (Barbour), 
Williams  (Marengo), 
Wilson  (Clarke), 
Wilson  (Washington) 
Winn— 105. 


LEAVE  OF  AI'.SEXCK 


Was  granted  to  Messrs.  Fitts,  Lowe  of  Lawrence,  M. 
M.  Smith,  Eyster,  Graham  of  Talladega  for  to-day ; 
Locklin  for  to-day  and  to-morrow;  Sollie  indefinitely. 


STENOGRAPHIC  REPORT. 


Mr.  Graham  of  Montgomery  called  the  attention  of 
the  Convention  to  certain  errors  in  the  stenographic  re- 
port of  the  proceedings  of  yesterday. 

The  report  was  ordered  corrected. 


REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 


1414  JOURNAL  OF  Alabama 

The  Couimittee  on  the  Journal  hej;  leave  to  report 
that  thej  have  examined  the  Journal  for  the 
seventy- fourth  day  of  the  Conventi(»n,  and  that  the  same 
is  correct. 

Eespectfully  submitted, 

John  F.  Proctor,  Chnirmnn. 

l\Ir.  Espy  offered  the  followinji'  resolution,  the  rules 
^^ere  suspended  and  the  resolution  was  adopted  by  a 
rising  vote : 

Eesohition  313,  by  Mr.  Espy: 

Whereas,  Death  has  invaded  the  home  of  one  of  our 
brother  delegates  and  taken  from  him  his  life  companion, 
leaving  his  home  sad  and  desolute; 

Therefore,  be  it  resolved,  that  the  sincere  sympathy  of 
this  Convention  be  extended  to  Hon.  M.  Sollie  and  his 
little  children  in  this  hour  of  bereavement,  and  we  trust 
that  r.  kind  and  loving  Father  ''Who  doeth  all  things 
well"  will  comfort  him  during  this  trying  ordeal. 

Resolved  further,  That  the  secretary  of  this  Conven- 
tion be  instructed  to  forward  a  copy  of  these  resolutions 
to  our  brother  delegate,  thus  conveying  in  some  slight 
"way  our  feeling  for  him  in  this  dark  hour. 

RESOLUTION  ON  FIRST  READING. 

The  following  resolution  was  introduced,  severally 
read  one  time  at  length,  and  referred  to  an  a])propri- 
ate  committee,  as  follows: 

Resolution  314,  by  Mr.  Long,  of  Walker: 

Resolved,  That  the  Comijiittee  on  Order,  Consistency 
and  Harmcmy  of  the  Constitution  be  authorized  and  di- 
rected to  insert  in  the  draft  of  the  Article  on  the  Execu- 
tive Department  relating  to  Sheriffs,  tlie  following 
amendment : 

Strike  out  tlie  words  ''and  shall  l)e  ineligible  as  such 
officer  as  liis  own  f-iiccessor,'"  wherever  tliey  occur  t1i(M*e- 
in,  and  insert  in  lieu  thereof  the  following  words:  ''Who 
shall  be  eligible  to  succeed  himself,,but  not  for  mor^*  than 
two  consecutive  terms;"  also  bv  .adding  at  the  end  of 
•section  the  following  words:  "And  the  Governor,  when 


Constitutional  Convention.  1415 

satisfied,  after  hearing  the  Sheriff,  tliat  he  should  be  im- 
peached, may  suspend  liim  from  office  \mtil  the  impeach- 
ment proceedinos  are  terminated.'' 

The  resolutio}-  was  referred  to  the  Committee  on 
Executive  1  )epartment. 

IIEPORT  OF   STANDING   COMMITTEES. 

Mr.  Jones  of  ^Montgomery,  chairman  of  the  Committee 
on  Executive  Department,  submitted  the  foHowing  re- 
port, wliich  was  laid  ui)on  the  table,  and  oW)  copies 
(Ordered  printed : 

Mr.  President : 

The  Committee  on  Executive  Department,  to  which 
was  referred  resolution  No.  314,  by  Mr.  Long  of  Walker, 
have  had  the  same  under  consideration,  and  instruct  me 
to  report  the  same  back  favorably  with  the  recommenda- 
tion that  it  be  x)assed. 

Thomas  G.  Jones.  Chairman. 

Resolution  311,  by  Mr.  Long,  of  Walker : 
Resolved,  That  the  Committee  on  the  Order,  Consis- 
tency and  Harmony  of  the  Constitution  be  authoiized 
and  directed  to  insert  in  tbe  draft  of  the  Article  on  the 
Executive  Department  relating  to  Sheriffs,  the  folloAv- 
ing  amendment :  '^Strike  out  the  words  ''and  shall  be  in- 
eligil)l(^  as  such  officer  as  his  own  successor"  wherever 
they  occur  therein,  and  insert  in  lieu  thereof  the  follow- 
ing words :  "Who  shall  be  eligible  to  succeed  himself, 
l)ut  not  for  more  than  two  consecutive  terms ;'-  also  by 
adding  at  end  of  section  the  following  words:  "And  the 
Governor,  when  satisfied,  after  hearing  the  Sheriff',  that 
he  should  be  impeached,  may  suspend  him  from  office 
until  tl'e  impeachment  proceedings  are  terminated." 

reconsideration. 

Mr.  Pettns  moved  to  reconsider  the  vote  by  which 
resolution  246  was  adopted  on  yesterday,  and  asked  that 
it  be  postponed  until  the  report  of  the  Committee  on 


1416  Journal  of  Alabama. 

Corporations  had  been  finished,  and  it  be  made  a  spe- 
cial order  at  that  time. 

RECONSIDERATION,. 

On  motion  of  Mr.  Cobb  Section  7  of  the  Article  on 
Corporations,  which  was  adopted  on  last  Saturday,  was 
reconsidered. 

Mr.  Cobb  offered  the  following  amendment  to  Section 
7,  of  the  Article  on  Corporations  : 

Amend  by  striking  out  all  after  the  word  "provided'^ 
in  line  9,  and  inserting  in  lieu  thereof  the  following :  "He 
shall  have  paid  into  court  in  money  the  amount  of  the 
damages  assessed,  and  shall  have  given  bond  with  good 
and  sufficient  securities  to  pay  such  damages  as  the 
property  owner  may  sustain ;  and  the  amount  of  damages 
in  all  cases  of  appeal  shall,  on  the  demand  of  either  party^ 
be  determined  by  a  jury,  according  to  law." 

Mr.  Macdonaid  offered  the  following  amendment  to 
the  amendment  offered  by  Mr.  Cobb  : 

Whenever  any  municipal  or  other  corporation,  or  in- 
dividual, invested  with  the  privileges  of  taking  private 
property  for  public  use,  takes,  injures  or  destroys  any 
property,  wilfully  and  intentionally,  and  without  first 
resorting  to  legal  proceedings  to  condemn  the  same,  the 
owner  of  the  property  so  taken,  injured  or  destroyed, 
shall  be  entitled  to  recover  three  times  the  value  of  the 
property  so  taken,  injured  or  destroyed  in  addition  to 
such  other  damages  as  may  be  recovered  by  law  for  the 
trespass. 

On  motion  of  Mr.  Cobb  the  amendment  of  Mr.  Mac- 
donaid was  laid  upon  the  table. 

The  question  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Cobb. 

The  amendment  offered  "by  Mr.  Cobb  was  adopted. 

On  motion  of  Mr.  Harrison  Section  7,  jis  nn'^^ilMT, 
was  adopted. 


Constitutional  Convention.  1417 

section  nine. 

Was  read  at  length  as  follows  and  adopted: 

Sec.  9.     No  corporation  shall  issue  preferred  stock 

without  the  consent  of  the  owner  of  two-thirds  of  the 

stock  of  said  corporation. 

SECTION  TEN. 

Was  read  at  length  as  follows: 

Sec.  10.  The  Legislature  shall  have  the  power  to  re- 
voke any  charter  of  incorporation  now  existing  and  re- 
vocable at  the  ratification  of  this  Constitution,  or  any 
that  may  be  hereafter  created,  whenever,  in  their  opin- 
ion, it  may  be  injurious  to  the  citizens  of  this  State;  in 
such  manner,  however,  that  no  injustice  shall  be  done  to 
the  stockholders. 

Mr.  Graham  of  Montgomery,  on  behalf  of  the  com- 
mittee, offered  the  following  amendment,  which  was 
adopted : 

Amend  Section  10  of  Article  on  Corporations  by  in- 
serting between  the  words  "to"  and  '"revoke"  where  the 
same  occurs  in  the  first  line  of  such  section,  the  following 
words,  to-wit :  "Alter,  amend  or." 

On  motion  of  Mr.  Harrison,  Section  10,  as  amended, 
was  adopted. 

SECTION  ELEVEN. 

Was  read  at  length  as  follows  and  adopted. 

Sec.  11.  Any  association  or  corporation  organized  for 
the  purpose  of  any  individual  shall  have  the  right  to 
construct  and  maintain  lines  of  telegraph  and  telephone 
within  this  State,  and  connect  the  same  with  other  lines, 
and  tlie  Legislature  shall,  by  general  law,  of  uniform  ope- 
ra! ion,  provide  reasonable  regulations  to  give  full  effect 
to  this  section.  No  telegraph  or  telephone  company  shall 
consolidate  with  or  hold  a  controlling  interest  in  the- 
stock  or  bonds  of  any  other  telegraph  or  telephone  com- 
pany owning  a  competing  line,  or  acquire,  by  purchase^ 
or  otherwise,  any  other  competing  line  of  telegraph  or- 
telephone. 


1418  JouRXAL  OF  Alabama 

SECTION  TWELVE. 

Was  read  at  length  as  follows,  and  adopted : 

Sec.  12.  All  corporations  shall  have  the  right  to  sue, 

and  shall  be  subject  to  be  sued,  in  all  courts  in  like  cases 

as  natural  persons. 

SECTION  THIRTEEN. 

Was  read  at  length  as  follows,  and  adopted  : 
Sec.  13.  The  term  "corporation,"  as  used  in  this  arti- 
cle, shall  be  construed  to  include  all  joint  stock  com- 
panies, or  any  associations  having  any  of  the  powers  or 
privileges  of  corporations  not  possessed  by  individuals 
or  partnerships. 

The  following  minority  report  was  read  at  length  as 
follows : 

SECTION  THIRTEEN  AND  ONE-HALF. 

Sec.  13|.  After  the  ratification  of  the  Constitution, 
no  corporation,  society,  organization  or  association  shall 
be  allowed  to  charge  or  collect  for,  or  upon  the  loan  or 
forbearance  of  money,  goods  or  things  in  action,  either 
in  the  way  of  interest,  lines,  forfeitures,  premiums,  com- 
missions or  sums  of  money  for  the  purchase  of  ^tock, 
bonds  or  any  interest  in  the  business  of  such  corpora- 
tion, society,  organization  or  association,  as  a  condition 
upon  which  such  loan  or  forbearance  is  obtained  or  in 
any  other  way  connected  with  such  loan  or  forbearance, 
as  a  charge,  a  greater  amount  than  the  legal  rate  of  in- 
terest provided  for  by  the  general  laws  of  the  State  upon 
the  loan  of  forbearance  of  money,  goods  or  things  in 
action  and  all  such  sums  of  money  paid  such  corporation, 
society,  organization  or  association  in  excess  of  the  legal 
interest  i)rovided  for  by  law,  by  whatever  name  called, 
shall  be  (^redited  on  the  principal  of  the  loan  made  by 
said  corporation,  societv,  organization  or  association, 
and  every  such  loan  made  in  Alabama  shall  be  governed 
bv  the  laws  of  this  State. 


CONSTITUTIONxiL  CONVENTION. 


1419 


RECESS. 


Pending  the  fiirtlier  consideration  of  the  report  of  the 
Committee  on  Corporations,  the  hour  of  1  o'chx'k  ar- 
rived, imder  the  rules  the  Convention  recessed  until  3  :3() 
.this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
deleoat(H^  answered  to  their  names,  Avhicli  constituted  a 
quorum : 


INIessrs.  President, 

Almon, 

Ash  craft. 

Banks, 

Bareiield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Bjars, 

Garmichael  ( Colbert) , 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Cunningham, 

Davis  rbeKalb), 

Davis  (Etowah), 


Dent, 

rleGraffenried, 

l^uke, 

Elej, 

Evster, 

Espj, 

Ferguson, 

Fletcher, 

P'oshec, 

Foster, 

( I  lover, 

Graha  m  ( Montgomery ) , 

Graham  (Talladega), 

Grayson, 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

^^eflin  (Randolph), 

Hodges, 

Hood. 

Howell, 

Howze, 

Inge, 


1420 


Journal  of  Alabama 


Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Reynolds  (Chilton),. 

Reynolds  (Henry), 

Rogers  (Sumter), 

Sanford, 

Searcy, 

Selheimer, 

Kyle, 
Ledbetter, 

Sentell, 
Sloan, 

Lomax, 

Long  (Butler), 
Long  (Walker), 
Macdonald, 

Smith  (Mobile), 
Smith,  Mac.  A.,, 

Spears, 
Studdard, 

McMillan  (Baldwin), 
McMillan  (Wilcox), 
Martin, 

Tayloe, 

Thompson, 

Vaughan, 

Merrill, 

Waddell, 

Miller  (Wilcox), 

AValker, 

Murphree, 

Watts, 

Norman, 
Norwood, 

Weakley, 
White, 

Gates, 

Whiteside, 

O'Neal  (Lauderdale), 

Opp, 

Parker  ( Cullman ) , 

Williams  (Barbour),. 
Williams  (Marengo), 
Williams  (Elmore), 

Pettus, 
Pillans, 
Reese, 

Wilson  (Clarke), 
Wilson  (Washington) 
Winn— 102. 

QUESTION  OF   PERSONAL   PRIVILEGE. 

Messrs.  Long  of  Walker^  and  Walker  arose  to  ques- 
tions of  personal  privilege,  and  proceeded  to  state  their 
questions  of  personal  privilege. 

PRIVILEGES  OF  THE  FLOOR. 


The  privileges  of  the  floor  were  extended  to  Hon.  T.  K. 
Kennedv  and  Hon.  Mr.  Huev. 


Constitutional  Convention. 


1421 


unfinished  business. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Corporations. 

The  question  recurred  upon  the  adoption  of  the  mi- 
norit}^  report,  Section  13^. 

Mr.  Graham  of  Montgomery  moved  to  table  the  mi- 
norit}^  report  (Section  13|.) 

The  motion  to  table  prevailed :  Yeas,  74 ;  nays,  35. 

YEAS. 


Messrs.  President, 

Almon, 

Ashcraft, 

Banks, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Browne, 

Burnett, 

Burns, 

Cobb, 

Cunningham, 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Espy, 

Ferguson, 

Foster, 

Graham  (Montgomery), 

Grant, 

Grayson, 

Haley, 

Handley, 

Harrison, 

Hood,  • 

Howze, 

Inge, 

>Jenkins, 


Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

I^edbetter, 

Lomax, 

I^ong  (Walker), 

McMillan  (Baldwin), 

-AIcMillan  (Wilcox), 

Martin, 

Merrill, 

Miller  (Wilcox), 

Norman, 

Norwood, 

<  >ates, 

O'Neal  (Lauderdale), 

Opp, 

Parker  ( Cullman ) , 

Parker   (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Peese, 

'xVynolds  (Henry), 

Rogers  (Lowndes), 

Pogers  (Sumter), 

Sanders, 


1422 


Journal  of  Alabama 


Searcy, 
Selheimer, 
Smith  (Mobile), 
Smith,  Mae.  A., 
Stewart, 
Studdard, 
Tayloe, 
Thompson, 


Vaufthan, 

Wallver, 

Weakley, 

Weatherly, 

White, 

^'N^  i  1 1  i  a  111  s  ( Marengo ) 

Wilson  (Clarke) 

^Vi]s(Hl  (  Washinoton 


—74. 


NAYS, 


Messrs.  Barefield, 

Bartlett^ 

Boone, 

Bulger, 

Byars, 

Carmichael   ( Colbert ) 

Chapman, 

Coleman  (Greene), 

Davis  (DeKalb), 

Duke, 

Fletcher, 

Foshee, 

Glover, 

Heflin  ( Chambers) , 

Heflin  (Randolph), 

Hodges, 

Howell, 

Jackson, 


Kyle, 

Long  (Butler), 

Macdonald, 

^[alone, 

^Nloody, 

Murphree, 

Proctor, 

Reynolds  (Chilton), 

Sanford, 

Sentell, 

Sorrel  1, 

Spears, 

Spragins, 

Wnddell.' 

\Miiteside, 

Williams  (Barbour) 

A\'inii — 35. 


PAIRS   ANNOUNCED. 

The  following  pairs  were  announced  : 

IMessrs.  Eyster  and  Cofer,  Ely  and  Locklin.  ^Messrs. 
Eyster  and  Ely  Avould  vote  aye;  and  Messrs.  Cofer  and 
Locklin  would  vote  nay. 

SECTION  FOURTEJ<]N. 


Was  read  at  length  as  follows,  and  adopted : 
Sec.  14.    All  railroads  and  canals  shall  be  public  high- 
ways, and  all   railroad  and  canal   companies  .shall   be 


Constitutional  Convention.  1423 

common  carriers.  Any  association  or  corporation  organ- 
ized for  the  purpose  shall  have  the  right  to  construct  and 
operate  a  railroad  between  any  points  in  this  State,  and 
connect  at  the  State  line  with  railroads  of  other  States. 
Every  railroad  company  shall  have  the  right  with  its 
road  to  intersect,  connect  with,  or  cross  any  other  rail- 
road, and  shall  receive  and  transport,  each,  the  others 
freight,  passengers  and  cars,  loaded  or  empty,  without 
delay  or  discrimination. 

SECTION  FIFTEEN. 

Was  read  at  length  as  follows : 

Sec.  15.  The  power  and  authority  of  regulating  rail- 
road freights  and  passenger  tarift"*ii,  the  location  and 
building  of  passenger  and  freight  depots,  correcting 
abuses  and  preventing  unjust  discriminations  and  ex- 
tortion and  requiring  reasonable  and  just  rates  of  freight 
and  passenger  tariffs,  are  hereby  conferred  upon  the 
Legislature;  whose  duty  it  shall  be  to  pass  laws  from 
time  to  time  regulating  freight  and  passenger  tariffs  to 
prohibit  unjust  discriminations  on  the  various  railroads, 
canals  and  rivers  of  this  State,  and  prohibit  charging 
other  tlum  just  and  reasonable  rates,  and  enforce  the 
same  by  adequate  penalties. 

^Ir.  Sanford  offered  the  following  amendment  to  Sec- 
tion 15: 

Amend  Section  15  by  striking  out  the  words  "con- 
ferred upon  the  Legislature"  in  the  fourth  line  of  said 
section,  and  inserting  in  lieu  thereof  the  words  "con- 
ferred upon  the  railroad  companies."  And  also  to  strike 
out  the  remainder  of  the  section  l)eginning  at  the  words 
"whose  duty  it  shall  ])e"  in  the  fourth  line  of  said  section. 

Mr.  Kyle  offered  the  foUowing  substitute  for  the 
amendment  offered  by  Mr.  Sanford : 

Amend  Section  15,  in  line  five,  strike  out  the  following 
words,  "from  time  to  time  regulating,"  and  insert  in 
lieu  thereof  the  following,  "at  its  first  session  after  the 
ratification  of  this  Constitution,  and  from  time  to  time 
thereafter  authorizing  the  Railroad  Comuiis>M,oiiers  of 
the  State  to  regulate." 


1424  Journal  of  Alabama 

On  motion  of  Mr.  deGraffenried  the  substitute  and 
amendment  were  laid  upon  the  table. 
Section  15  was  thereupon  adopted. 

SECTION  SIXTEEN. 

Was  read  at  length  as  follows : 

See.  1(>.  No  railroad  or  other  transportation  company 
or  corporation  shall  grant  free  passes  or  sell  tickets  or 
passes  at  a  discount  other  than  as  sold  to  the  public  gen- 
erall}',  to  any  member  of  the  Legislature,  or  to  any  officer 
exercising  judicial  functions  under  the  laws  of  this  State 
and  any  such  member  or  officer  receiving  such  pass  or 
ticket  for  himself  or  procuring  the  same  for  another, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  not  exceeding  |500,  and  at  the  discretion 
of  the  court  trying  the  ease  in  addition  to  such  fine  may 
be  imprisoned  for  a  term  not  exceeding  six  months ;  and 
upon  conviction  shall  be  subject  to  impeachment,  and 
removal  from  office. 

The  courts  having  jurisdiction  shall  give  this  law  spe- 
cially in  charge  to  the  Grand  Juries,  and  when  the  evi- 
dence is  sufficient  to  authorize  an  indictment  the  Grand 
Jury  must  present  a  true  bill. 

Any  county  into  or  through  which  such  mem- 
ber or  officer  is  transported  by  the  use  of  such 
prohibited  pass  or  ticket,  shall  have  jurisdiction 
of  the  case;  provided  only  one  prosecution  shall 
be  had  for  the  same  offense;  and  provided  fur- 
ther, that  the  trial  and  judgment  for  an  offense 
shall  not  bar  a  prosecution  for  another  offense  whei 
the  same  pass  or  ticket  is  used;  and  provided  further 
that  nothing  herein  shall  prevent  a  member  of  the  Legis- 
lature who  is  a  bona  fide  employe  of  a  railroad  or  other 
transportation  companv  or  corporation  at  the  time  of  his 
election  from  accepting  or  procuring  for  himself  or  an- 
other, not  a  member  of  the  Legislature  or  officer  exercis- 
ing judicial  functions,  a  free  pass  over  the  railroad  and 
other  transportation  company  or  corporation  by  which 
he  is  employed. 

INTr.  Vaughan  offered  the  following  amendment  to  Sec- 
tion 16: 


Constitutional  Convention.  1425 

Amend  Section  16  by  adding  after  the  word  "Legis- 
lature'' on  line  three,  the  following,  "members  of  muni- 
cipal councils'';  also  by  adding  after  the  word  "Legis- 
lature" on  line  seventeen,  the  following,  "or  members  of 
municipal  councils." 

Mr.  Blackwell  offered  the  following  amendment  to 
the  amendment  offered  by  Mr.  Vaughan : 

Amend  Section  16  b}-  striking  out  after  the  word  "him- 
self" in  line  eighteen,  the  following  words  "or  another, 
not  a  member  of  the  Legislature,  or  officer  exercising 
judicial  functions." 

Mr.  Opp  moved  to  table  the  amendment  of  Mr. 
Vaughan  and  the  amendment  to  the  amendment  offered 
by  Mr.  Blackwell. 

The  motion  prevailed  and  the  amendment  to  the 
amendment  was  laid  upon  the  table. 

Mr.  Long  of  Walker  moved  to  table  Section  16. 

The  motion  was  lost. 

On  motion  of  Mr.  Harrison  Section  16,  as  originally 
reported  was  adopted. 

adjournment. 

Pending  the  further  consideration  of  the  report  of  the 
Committee  on  Corporations,  the  hour  of  7  o'clock  hav- 
ing arrived,  under  the  rules  the  Convention  adjourned 
until  9  o'clock  to-morrow  mornin"-.    . 


SEVENTY-SIXTH  DAY. 

Convention  Hall. 
Montgomery,  Ala.,  Tuesday,  August  20.  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Eev.  Mr.  Marshal  of  the  city. 

ROLL    CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

90 


1426 


Journal  of  Alabama 


Messrs.  President, 

Almon, 

Aslicraft, 

Banks, 

Barefield, 

Bartlett, 

Beddow, 

Bethune, 

Black  well, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Byars, 

Carmiehael  (Colbert), 

Cobb, 

Coleman  (Greene), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deCxralfenried, 

Duke, 

Eley, 

Espy, 

l'>rguson, 

Fletcher, 

^^)shee, 

Foster, 

Crlover, 

Graham  (Talladega), 

<  I  rant, 

Grayson, 

Greer  (Calhoun), 

Haley, 

TTandley, 

Harrison, 

Heflin  (Chambers), 


Heflin  (Kandolph), 
Henderson, 
Hodges, 
Hood, 
Howell, 
Howze, 
1  uge, 
Jackson, 
Jenkins, 
Jones,  (Bibb), 
Jones  (Hale), 
Jones  (Montgomery), 
Jones  (Wilcox), 
Knight, 
Kyle, 

Long  (Walker), 
Lov.e  (Jefferson), 
McMillan  (Wilcox), 
Mai  one, 
!Martin, 
^Maxwell, 
Merrill, 
Moody, 
Mulkey, 
]\Iurphree, 
Norman, 
Norwood, 
Gates, 

Palmer, 

Parker  (Cullman), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pvtts. 

Porter, 

Proctor, 

Reese, 

Reynolds  (Chilton), 


Constitutional  Convention. 


142T 


Rogers  (Lowndes) 

Kogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Seurcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A. 

Smith,  Morgan  M. 

Sorrell, 

Spragins, 

Stewart, 


Studdard, 

Tajloe, 

Thompson, 

Vauglian, 

Waddell, 

^Yalker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  ( Marengo ) , 

Wilson  (Clarke), 

Wilson  Washington) — 105. 


LEAVES   OF   ABSENCE. 

Was  granted  to  Messrs.  Hinson,  Lowe  of  Lawrence  for 
to-day;  Craig  for  yesterday;  W^illett  indefiniteh' ;  Free- 
man yesterday  and  to-day;  Samford  and  Henderson  for 
yesterday,  and  to  Mr.  Coleman  of  Greene  indefinitely. 

REPORT  OF  COMMITTEE  ON  THE  JOURNAL, 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted   the    following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  ti> 
report  that  they  have  examined  the  Journal  for 
the  seventy-fifth  day  of  the  Convention,  and  that  the 
same  is  correct. 

Respectfully  submitted, 

John  F.  Proctor.  Chairman, 

STENOGRAPHIC  REPORT. 


Messrs.  Sanford,  Harrison  and  Opp  called  the  atten- 
tion of  the  Convention  to  certain  errors  in  the  steno- 
graphic report  of  the  proceedings  of  yesterday. 

The  report  was  ordered  corrected. 


1428  Journal  of  Alabama 

resolutions  on  first  reading. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Resolution  31G,  by  Mr.  Pettus: 

liesolved.  That  the  Committee  on  Order,  Consistency 
and  Harmony  of  the  Whole  Constitution  be  and  they  are 
hereby  instructed  to  report  to  this  Convention,  as  a  part 
of  the  Constitution  to  be  adopted,  the  following  section, 
to  be  properly  numbered,  by  the  committee : 

Sec.  — .  Persons  who  are  not  citizens  of  the  United 
States  or  who  are  not  descended  from  a  father  and  a 
mother  belonging  to  the  white  race,  shall  not  be  eligible 
to  any  office  under  the  Constitution  and  laws  of  Ala- 
bama, except  the  office  of  policeman  or  deputy  sheriff. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  317,  by  Mr.  Parker,  of  Elmore: 

Whereas,  Thomas  W.  Coleman,  whose  services  as 
chairman  of  the  Committee  on  Suffrage  and  Elections 
especially  has  been  of  inestimable  value  to  this  Conven- 
tion, and  whose  age,  experience  and  wisdom  have  entitled 
him  by  common  consent  the  Nestor  of  the  Convention, 
has  taken  indefinite  leave  of  absence,  for  a  much  needed 
rest,  and  this  Convention  may  not  have  the  benefit  of  his 
wise  counsel  or  the  pleasure  of  greeting  him  again;  now 
therefore,  be  it 

Resolved :  First,  That  this  Convention  hereby'  ex- 
presses its  high  appreciation  of  his  great  services  to  the 
State  of  Alabama  in  the  formation  of  the  proposed  Con- 
stitution ; 

Second,  That  we  commend  him  and  his  posterity  to 
the  people  of  Alabama,  for  the  purity  of  his  motives,  his 
distinguished  ability  and  lofty  patriotism  which  has 
characterized  his  long  service  to  the  State,  and  especially 
the  self-sacrifice  that  he  has  freely  made  as  a  member  of 
this  Convention. 

Third,  That  this  Convention  hereby  tenders  to  him  in- 
dividually and  collectively  their  generous  regards  for  his 
future  welfare  and  express  the  hope  that  in  a  green  old 


COASTITUTIOXAL  CONVENTION.  1429r 

age  the  lines  may  continue  to  fall  about  him  in  pleasant 
places,  and  that  he  may  live  to  realize  the  full  fruition  of 
the  hope  that  his  beloved  State  may  see  apples  of  gold 
and  pictures  of  silver  from  the  tree  of  the  Constitutioni 
that  he  has  helped  to  plant. 

Resolution  318,  by  Mr.  Craig : 

Eesolved,  That  the  thanks  of  this  Convention  are  due 
and  are  hereby  tendered  to  the  publishers  of  The  Mobile 
Register  and  Tuskegee  News  for  their  courtesy  in  sup- 
plying the  members  of  this  Convention  daily  with  a  copj 
of  those  i^apers. 

The  resolution  was  adopted. 

REPORT  OF  COMMITTEE  ON  ENGROSSMENT. 

Mr,  Samford,  chairman  of  the  Committee  on  Engross- 
ment, submitted  the  following  report: 

J/r.  President: 

Your  committee  on  Engrossment  reports  that  they  have 
examined  the  Article  on  Education  and  find  the  same 
correct. 

Respectfully  submitted, 

Wm.  H.  Samford,  Chairman. 

The  Article  on  Education  was  read  a  third  time  at 
length  as  follows,  and  adoiJted:  Yeas,  101;  nays,  9. 

ARTICLE  — 

EDUCATION. 

Section  1.  The  General  Assembly  shall  establish,  or- 
ganize and  maintain  a  liberal  system  of  public  schools 
throughout  the  State  for  the  benefit  of  the  children 
thereof  between  the  ages  of  7  and  21  years.  The  public 
school  fund  shall  be  apportioned  to  the  several  counties 
in  proportion  to  the  number  of  school  children  of  school 
age  therein,  and  shall  be  so  apportioned  to  the  schools 
in  the  districts  or  townships  in  the  county  as  to  pro- 
vide, as  nearly  as  practicable,   school   terms  of  equal 


1430  Journal  of  Alabama 

duration  in  such  school  districts  or  townships.  Separ- 
ate schools  shall  be  provided  for  white  and  colored 
children  and  no  child  of  either  race  shall  be  permitted 
to  attend  a  school  of  the  other  race. 

Sec.  2.  The  principal  of  all  funds  arising  fropi  the 
sale  or  other  disposition  of  lands  or  other  property, 
which  has  been  or  may  hereafter  be  granted  or  entrusted 
to  this  State  or  given  by  the  United  States  for  education- 
al purposes,  shall  be  preserved  inviolate  and  undimin- 
ished; and  the  income  arising  therefrom  shall  be  faith- 
fully applied  to  the  specific  object  of  the  original  grants 
or  appropriations. 

Section  3.  All  lands  or  other  property  given  by  indi- 
viduals, or  appropriated  by  the  State  for  educational 
purposes,  and  all  estates  of  deceased  persons,  who  die 
"without  leaving  a  will  or  heir,  shall  be  faithfully  ap- 
plied to  the  maintenance  of  the  public  schools. 

Sec.  4.  All  poll  taxes  levied  and  collected  in  this 
State  shall  be  applied  to  the  support  of  the  public 
■schools  in  the  respective  counties  where  levied  and  col- 
lected. 

Sec.  5.  The  income  arising  from  the  Sixteenth  Sec- 
tion trust  fund,  the  surplus  revenue  fund,  until  it  is 
called  for  by  the  United  States  government,  and  the 
funds  enumerated  in  Sections  3  and  4  of  this  Article, 
together  with  the  special  annual  tax  of  30  cents  on  each 
flOO  dollars  of  taxable  property  in  this  State  shall  be 
applied  to  the  support  and  maintenance  of  the  public 
schools  and  it  shall  be  the  duty  of  the  General  Assem- 
l)ly  to  increase,  from  time  to  time,  the  public  school 
fund  as  the  necessity  therefor  and  the  condition  of  the 
treasury  and  the  resources  of  the  State  may  justify. 
Provided,  that  notliing  herein  contained  shall  be  so  con- 
strued as  to  authorize  the  General  Assembl}^  to  levy  in 
any  one  year  a  greater  rate  of  taxation  than  65  cents 
on  each  -flOO  worth  of  taxable  pro])erty;  and  provided 
further,  that  nothing  herein  contained  shall  prevent  the 
Legislature  from  first  providing  for  the  payment  of  the 
State's  bonded  indebtedness  and  interest  thereon  out  of 
all  of  the  revenues  of  the  State. 


Constitutional  Convention.  1431 

Sec.  6.  Not  more  than  4  per  cent,  of  all  moneys  raised 
or  which  may  hereafter  be  appropriated  for  the  support 
of  public  schools,  shall  be  used  or  expended  otlierwise 
than  for  the  payment  of  teachers  employed  in  such 
schools;  provided,  that  the  General  Assembly  may,  by 
a.  vote  of  two-thirds  of  each  House,  suspend  the  opera- 
tion of  this  section. 

Sec.  7.  The  supervision  of  the  public  schools  of  the 
State  shall  be  vested  in  a  Superintendent  of  Education, 
"whose  po^^'ers,  duties  and  compensation  shall  be  fixed  by 
law. 

Sec.  8.  No  money  raised  for  the  sui:)port  of  the  public 
schools  of  the  State  shall  be  appropriated  to  or  used  for 
the  support  of  any  sectarian  or  denominational  school. 

Sec.  9.  The  Asj^ricultural  and  Mechanical  Collei^e  now 
called  the  Alabama  rolytechnic  Institute,  shall  be 
under  the  management  and  control  of  a  Board 
of  Trustees.  The  Board  for  the  Agricultural  and  Me- 
chanical College  shall  consist  of  two  members  from  the 
Congressional  district  in  which  the  college  is  located 
and  one  from  each  of  the  other  Congressional  districts 
in  the  State,  said  Trustees  shall  be  appointed  by  the 
Governor  Iw  and  with  the  advice  and  consent  of  the 
Senate,  and  shall  hold  office  for  a  term  of  six  years  and 
until  their  successors  shall  be  appointed  and  qualified. 
After  the  first  appointment  the  Board  shall  be  divided 
into  three  classes,  as  nearly  equal  as  may  be.  The  seats 
of  the  first  class  shall  be  vacated  at  tlie  expiration  of 
two  years,  and  those  of  the  second  class  in  four  years, 
and  those  of  the  third  class  at  the  end  of  six  years  from 
the  date  of  appointment,  so  that  one-third  may  be  chosen 
biennially.  No  Trustee  shall  receive  any  pay  or  emolu- 
ment other  than  his  actual  expenses  incurred  in  the  dis- 
charge of  his  duties  as  such.  The  Governor  shall  be  ex- 
officio  President,  and  the  Superintendent  of  Education 
ex-officio  meml)er  of  said  Board  of  Trustees. 

"The  State  University  shall  be  under  the  management 
and  control  of  a  Board  of  Trustees,  which  shall  consist 
of  two  members  from  the  Congressional  district  in  which 
the  University  is  located,  and  one  from  each  of  the  other 
Congressional  districts  in  the  State;  and  the  Superin- 


14B2  Journal  of  Alabama 

tendent  of  Education,  and  the  Governor,  who  shall  be 
ex-officio  president  of  the  Board.  The  members  of  the 
Board  of  Trustees  now  existing  shall  hold  office  until 
their  respective  terms  expire  under  existing  law,  and 
until  their  successors  shall  be  elected  and  confirmed  as 
hereinafter  required.  When  the  term  of  anj-  member  of 
such  board  shall  expire,  the  remaining  members  of  the 
board  shall,  by  secret  ballot,  elect  his  successor.  At 
every  meeting  of  the  Legislature  the  Superintendent  of 
Education  shall  certify  to  the  Senate  the  names  of  all 
who  shall  have  been  so  elected  since  the  last  session  of 
the  Legislature,  and  the  Senate  shall  confirm  or  reject 
them,  as  it  shall  determine  as  for  the  best  interest  of  the 
University.  If  it  reject  the  names  of  any  members,  it 
shall  thereupon  elect  trustees  in  the  stead  of  those  re- 
jected. The  trustees  who  shall  hereafter  be  elected  and 
confirmed  shall  hold  office  for  a  term  of  six  years  from 
the  date  of  their  confirmation  or  election  by  the  Senate, 
and  until  their  successors  shall  be  elected  and  confirmed. 
No  trustee  shall  receive  any  pay  or  emolument  other  than 
his  actual  expenses  incurred  in  the  discharge  of  his 
duties  as  such.  No  Trustee  shall  hold  office  for  more 
than  twelve  successive  years. 

Sec.  10.  The  General  Assembly  shall  have  no  power 
to  change  the  location  of  the  State  University  or  the 
Agricultural  and  Mechanical  College,  or  the  institu- 
tions for  deaf  and  blind,  or  the  Alabama  Girls'  Indus- 
trial School,  as  now  established  by  law,  except  upon  a 
vote  of  two-thirds  of  the  General  Assembly,  taken  by 
yeas  and  nays  and  entered  upon  the  Journals, 

Sec.  11.  The  General  Assembly  shall  provide  for  tak- 
ing a  school  census  by  townships  and  districts  through- 
out the  State  not  oftener  than  once  in  two  years,  and 
shall  provide  for  the  punishment  of  all  persons  or  offi- 
cers making  false  and  fraudulent  enumerations  and  re- 
turns; provided,  the  State  Superintendent  may  order 
and  supervise  the  taking  of  a  new  census  in  any  town- 
ship, district  or  county,  whenever  he  mav  have  re  ison- 
able  cause  to  believe  that  false  or  fraudulent  returns 
have  been  made. 

Sec.  12.  The  several  counties  in  this  State  shall  have 
power  to  levy  and  collect  a  special  tax  not  exceeding  10 


Constitutional  Convention.  1433 

cents  on  each  |100  of  taxable  property  in  such  counties, 
for  the  support  of  public  schools;  provided,  that  the 
rate  of  such  tax,  the  time  it  is  to  continue,  and  the 
purpose  thereof  shall  have  been  first  submitted  to  a 
vote  of  the  qualified  electors  of  the  county  and  voted 
for  by  three-fifths  of  those  voting  at  such  election ;  but 
the  rate  of  such  special  tax  shall  not  increase  the  rate 
of  taxation,  State  and  county  combined,  in  any  year, 
more  than  $1.25  on  each  |100  of  taxable  property;  ex- 
cluding, however,  all  special  county  taxes  for  public 
buildings,  roads,  bridges  and  payment  of  debts  existing 
at  the  ratification  of  the  Constitution  of  1875  for  which 
special  county  taxes  not  exceeding  one-fourth  of  one 
per  cent,  may  be  levied  and  collected;  provided, 
that  such  funds  so  raised  shall  be  so  apportioned  and 
paid  through  the  proper  school  officials  to  the  several 
sch^fols  in  the  township  and  districrs  iu  said  connly,  1]>at 
the  school  terms  of  the  respective  schools  sliall 
be  extended  by  such  supplement  as  nearly  the  same 
length  of  time  as  practicable,  and,  provided,  that  the 
provisions  of  this  section  shall  not  apply  to  the  cities 
of  Decatur,  New  Decatur  and  Cullman.  The  Gen(n\il 
Assembly  shall  provide  for  carrying  the  provisions 
of  this  section  into  effect. 

Sec.  13.  The  provisions  of  this  article  and  of  any  act 
of  the  General  Assembly  passed  in  pursuance  thereof 
to  establish,  organize  and  maintain  a  system  of  public 
schools  throughout  the  State,  shall  apply  to  Mobile 
county  only  so  far  as  to  authorize  and  require  the 
authorities  designated  by  law  to  draw  the  portions  of 
the  funds  to  which  said  county  shall  be  entitled  for 
school  purposes,  and  to  make  reports  to  the  Superin- 
tendent of  Education  as  may  be  prescribed  by  law.  And 
all  special  incomes  and  powers  of  taxation,  as  now 
authorized  by  law  for  the  benefit  of  public  schools  in 
said  county,  shall  remain  undisturbed  until  otherwise 
provided  by  the  General  Assembly;  provided,  that 
separate  schools  for  each  race  shall  always  be  main- 
tained by  said  school  authorities. 

Sec.  14.  After  the  ratification  of  this  Constitution 
there  shall  be  paid  out  of  the  Treasury  of  this  State  at 
the  time  and  in  the  manner  provided  by  law,  the  sum  of 


1434 


Journal  of  Alabama 


not  less  than  |36,000  per  annum  as  interest  on  the  funds 
of  the  University  of  Alabama  heretofore  covered  into 
the  Treasury  for  the  maintenance  and  support  of  said 
institution;  provided,  that  the  Tx^i^ishiture  shall  have  the 
power,  at  any  time  they  deem  it  proper  for  the  best 
interests  of  said  University,  abolish  the  military  system 
at  said  institution  or  reduce  the  said  system  to  a  depart- 
ment of  instruction,  and  that  such  action  on  the  part  of 
the  Lej^ishiture  shall  not  cause  any  diminution  of  the 
amount  of  tlie  annual  interest  payable  out  of  the  Treas- 
ury for  the  support  and  maintenance  of  said  University. 

YKAS. 


Messrs.  President, 
Almon, 
Ashcraft, 
Banks, 
Baretield, 
Bartlett, 
leavers, 
Beddow, 
Bethuue, 
Blackwell, 
Boone, 
Brooks, 
Browne, 
Bulger, 
Burnett, 

Carmichael  (Colbert" 
Chapman, 
Cobb, 

Coleman  (Creene), 
Cunningham, 
Davis  (DeKalb), 
Davis  (Etowah), 
(leCraffenried, 
Duke, 
Eley, 
Espy, 
Ferguson, 
Fletcher, 
Foster, 


(}  lover, 

( Ira  ham   (  T  a  1 1  a  dega ) , 
(rrant, 
<  irayson, 

(irreer  (  Calhoun), 
Halev, 
Ilaudley, 
Harrison, 

lleHiu  ( (Chambers), 
Hetliu  ( Ixandolph), 
I  Icndei-.'-on, 
Hood. 
Howell, 
Howze, 
Inge, 
Jackson, 
Jones  (Bibb), 
■  Jones  (Hale), 
Jones  (Wilcox), 
Knight, 
I.edbetter, 
Ijomax, 

Long  (Walker), 
Lowe  (Jefferson), 
^Vlacdonald, 
MclNlillau  (Baldwin), 
Mf:\nilan  (Wilcox), 
Mai  one, 
Martin, 


Constitutional  Convention. 


]435 


Maxwell, 

Merrill, 

Miller  (Wilcox), 

Murpliree, 

Norman, 

Norwood, 

Opp, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Peitns, 

"iliiiu.s 

Pitts, 

Proctor, 

l^ees(\ 

Reynolds  (Chilton), 

1\ evnolds   ( Henry ) , 

liOgers  (Sumter), 

Sam  ford, 

Sanders, 

Sant'ord, 


^Messrs.  Byars, 

Dent, 

l*\)shee, 

Kyle, 

Phillips, 


Searcy, 
Selheimer, 
Sentell, 
v^loan, 

Smith  (Mobile), 
Smith,  Mac.  A., 
Smitli,  Morgan  M., 
Sorrell, 
Spragins, 
Stewart, 
Tayloe, 
Tliom|;son, 
Vaughan, 
Waddell, 
Walker, 
Weakley, 
W>atherlv, 
White, 

Williams  (Marengo), 
Wilson  (Clarke), 
AVinn— 101. 


NAYS. 


Porter, 
■'■•^  Dears. 
Watts, 
Whiteside— 9. 


RECONSIDERATION. 


Mr.  Brooks  moved  to  reconsider  the  vote  by  which 
Section  16  of  the  Article  on  Corporations  was  adopted. 

On  motion  of  Mr.  Opp  the  motion  of  Mr.  Brooks  was 
laid  upon  the  table. 


RESOLUTION. 


Mr.  Howze  offered  the  following  resolution,  and  moved 
that  the  rules  be  suspended  to  place  the  resolution  upon 
its  immediate  passage: 


1436  Journal  of  Alabama 

Kesolution  415,  by  Mr.  Howze: 

Whereas,  The  Convention  has  about  completed  its 
labors,  with  the  exception  of  action  upon  the  report  o: 
the  Committee  on  the  Order,  Consistency  and  Harmony 
of  the  Whole  Constitution,  and 

Whereas,  It  is  uncertain  when  this  report  can  be  made 
and  acted  upon,  and  it  is  important  that  such  action 
should  be  taken  by  this  Convention  as  will  be  the  most 
economical  and  best  to  facilitate  the  work  of  the  Con- 
vention; '  ,    , 

Therefore,  be  it  resolved.  That  a  committee  of  five  be 
appointed,  consisting  of  the  President  and  four  other 
members  named  by  him,  whose  duty  it  shall  be  to  investi- 
gate and  report  whether  it  will  be  best  for  the  Conven- 
tion to  remain  in  session  until  the  Committee  on  Order, 
Consistency  and  Harmony  shall  make  its  report,  or  to 
adjourn  to  some  future  day;  said  committee  is  author- 
ized to  report  such  course  as  it  may  deem  best  for  this 
Convention  to  adopt  in  the  premises. 

Mr.  Watts  ottered  the  following  substitute  for  the 
resolution  offered  by  Mr.  Howze: 

Be  it  resolved  that  the  Committee  on  Harmony  be 
and  they  are  hereby  instructed  to  report  to  this  Conven- 
tion the  articles  passed  on  by  them,  and  that  this  Con- 
vention proceed  to  consider  said  report. 

Mr.  deGralfenried  offered  the  following  substitute  for 
the  original  resolution  and  the  substitute  offered  by  Mr. 
Watts : 

Resolved,  That  this  Convention,  upon  the  completion 
of  the  business  now  on  the  calendar,  recess  until  Wednes- 
day, the  2Sth  day  of  August,  at  12  o'clock,  midday ;  that 
during  such  recess  no  member  shall  be  allowed  pay  ex- 
cept tlie  members  of  the  Committee  on  Order,  Harmony 
and  Consistency  of  the  Whole  Constitution  and  the 
clerical  force  of  this  Convention,  but  that  each  member 
be  allowed  mileage  of  5  cents  per  mile  each  way  to  and 
from  his  home. 

Mr.  Reese  moved  that  the  original  resolution  and 
pending  amendments  be  referred  to  the  Committee  on 
Rules. 

On  motion  of  Mr.  Harrison  the  motion  of  Mr.  Reese 
was  laid  upon  the  table. 


Constitutional  Convention.  1437 

By  unanimous  consent  the  substitute  offered  by  Mr. 
Watts  was  withdrawn. 

On  motion  of  Mr.  Lowe  of  Jefferson  the  substitute  of- 
fered by  Mr.  deGraftenried  was  laid  upon  the  table. 

The  question  recurred  upon  the  adoption  of  the  ori- 
ginal resolution  as  introduced. 

The  resolution  was  adopted. 

APPOINTMENT  OF  COMMITTEE. 

Under  the  resolution  set  out  above  the  President  an- 
nounced the  following  committee :  Messrs.  Howze,  de- 
Graftenried, W.  T.  Sanders,  T.  H.  Watts. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Corporations. 

SECTION  SEVENTEEN. 

Was  read  at  length  as  follows,  and  adopted : 
Sec.  17.  No  railroad  company  shall  give  or  pay  any 
rebate  or  a  bonus  in  the  nature  thereof,  directly  or  in- 
directly, or  do  any  act  to  mislead  or  deceive  the  public 
as  to  the  real  rates  charged  or  received  for  freights  or 
passage;  and  any  such  payments  shall  be  illegal  and 
void,  and  these  prohibitions  shall  be  enforced  by  suitable 
penalties. 

SECTION  EIGHTEEN. 

Was  read  at  length  as  follows : 

Sec.  18.  Rights,  privileges  and  easements  for  public 
utilities  over,  along  and  under  the  streets  of  incorporated 
cities  and  towns  shall  not  be  granted,  except  by  the 
proper  legal  authorities  of  such  incorporated  cities  and 
towns. 

On  motion  of  Mr.  Harrison  Section  18  was  stricken 
out. 


1438  Journal  of  Alabama 

section  nineteen. 

Was  read  at  length  as  follows,  and  adopted  r 

Sec.  19.  No  railroad,  canal  or  other  transportation 
company  in  existence  at  the  time  of  the  ratitication  of 
this  Oonstitntion,  shall  have  the  benefi  of  any  future 
legislation,  bv  general  or  special  laws,  other  than  in  exe- 
cution of  a  trust  created  by  law  or  by  contract,  except 
on  the  condition  of  complete  acceptance  of  all  proyisions 
of  this  article. 

Mr.  Thompson  ottered  the  following  amendment,  to 
constitute  a  new  section  to  the  Article  on  CoiiJorations : 

Amend  report  of  Committee  on  Corporations  by  adding 
the  following  section : 

Sec.  — .  No  })erson,  firm  or  corporation  engaged  in 
mining  shall  have  tlie  authority  to  condemn  a  passage 
or  right  of  way  under  the  lands  of  another  for  more  than 
500  feet  in  length  along  section  or  quarter  section  lines. 

On  motion  of  Mr.  Long  of  Walker  the  amendment  was 
laid  upon  the  table. 

Mr.  Sanf(jrd  ottered  the  following  amendment,  to  con- 
stitute a  new  section  to  tlie  Article  on  Corporations: 

No  municipality  or  incorporated  cities  and  towns  shall 
grant  a  franchise  or  enter  into  a  contract,  which  may 
continue  for  fifty  years  without  first  submitting  such 
franchise  or  contract  to  the  (puilified  electors  of  such 
cities,  towns  or  municipalities,  at  an  election  expressly 
held  for  this  purjtose,  and  unless  a  majority  of  such  elect- 
ors shall  attirmatively  api)rove  l»y  their  votes  such  fran- 
chise, grant  or  contract,  the  same  shall  not  be  granted 
or  made,  and  all  franchises,  grants  or  t-ontracts  not  so 
approved  shall  be  null  and  void. 

On  uu>tion  of  Mr.  Weakley  the  amendment  was  laid 
u])on  the  table. 

Mr.  White  ottered  the  fcdlowing  amendment,  to  con- 
stitute a  new  section : 

Amend  Articde  on  Corporations  by  adding  an  addi- 
tional section  tln^'eto  as  follows: 

Sec.  — .  A  Ivailroad  Commission  is  hereby  created, 
consisting  of  a  ])resident  and  two  associates,  one  of  said 
Commissioners  shall  be  learned  in  the  law,  and  one  of 


CONSTITUTIOxNAL  CONVENTION.  1439 

experience  in  railroad  business,  all  of  whom  shall  be 
elected  by  the  qualified  electors  of  this  State.  The  term 
of  office  of  said  Commissioners  shall  be  four  je-dva  and 
shall  begin  at  the  expiration  of  the  terms  of  office  of  the 
present  Railroad  Commissioners.  One  of  the  commis- 
sioners shall  be  elected  at  the  general  election  in  1902, 
and  every  four  years  thereafter;  and  the  other  two  at 
the  general  election  in  1904,  and  every  four  years  there- 
after. Their  compensation  shall  be  fixed  by  the  Legis- 
lature and  paid  as  other  State  officers,  and  their  duties 
shall  be  to  carry  out  the  provisions  of  this  Constitution 
and  all  laws  enacted  relating  to  the  transportation  of 
freight  and  passengers  by  railroads  in  this  State,  and  to 
discharge  such  other  duties  and  to  exercise  such  other 
power  as  ma^'  be  conferred  upon  them  by  law. 

No  person  owning  any  stock  or  other  interests  in  any 
railroad,  or  who  is  the  agent  or  employee  of  any  rail- 
road, corporation  or  company,  shall  be  eligible  to  the 
office  of  Kailroad  Commissioner. 

On  motion  of  ]\Ir.  ^Murphree  the  amendment  was  laid 
upon  the  table. 

Mr.  Graham  of  Montgomery  offered  the  following 
amendment  to  Section  1  of  the  Article  on  Corporations, 
which  was  adopted  by  unaninu)us  consent : 

Amend  Section  1,  report  of  Committee  on  Corpora- 
tions, by  adding  to  Section  1  the  following : 

"But  strictly  benevolent,  educational  or  religious  cor- 
porations shall  not  be  required  to  pay  such  tax." 

On  motion  of  Mr.  Harrison  the  article  was  ordered  en- 
grossed for  a  third  reading  and  adoption. 

Mr.  White  moved  to  reconsider  the  vote  by  which  the 
article  was  ordered  engrossed  for  a  third  reading  and 
adoption. 

Mr.  Williams  of  Marengo  moved  that  the  motion  to 
reconsider  be  indefinitely  postponed. 

The  motion  to  indefinitely  postpone  prevailed :  Yeas, 
78 ;  nays,  39. 


1434 


Journal  of  Alabama 


YEAS. 


Messrs.  President, 

Long  (Butler), 

Barefield, 

Long  (Walker), 

Bartlett, 

-Uacdonald, 

Blackwell, 

McMillan  (Wilcox), 

Browne, 

Martin, 

Bulger, 

Miller  (Wilcox), 

Burnett, 

Murphree, 

Byars, 

Norwood, 

Carmiehael  (Colbert), 

O'Neal  (Lauderdale), 

Cobb, 

()j)p, 

Cofer, 

Palmer, 

Coleman  (Greene), 

Parker  (Cullman), 

Corn  well, 

Parker  ( Elmore  i. 

Craig, 

Pearce, 

Cunningham, 

Phillips, 

Davis  (DeKalb), 

Pillans, 

Davis  (Etowah), 

Pitts, 

Dent, 

Proctor, 

deGraffenried, 

Reynolds   (Henry), 

Ferguson, 

IJogers  (Lowndes), 

Poster, 

Rogers  (Sumter), 

Glover, 

Samford, 

Graham  (Montgomery), 

Searcy, 

Graham  ( Talladega ) , 

Senteil, 

Grant. 

Sorrell, 

Grayson, 

Stewart, 

Greer  (Calhoun), 

Studdard, 

Haley, 

Tayloe, 

Harrison, 

Vaiiiihan, 

Heflin  (Chambers), 

Waddell, 

Heflin  (Randolph), 

Watts, 

Hood, 

Weakley, 

Howell, 

Wentherly, 

Howze, 

White, 

Inge, 

Williams  (Barbour), 

Jenkins, 

Williams  (Marengo), 

Jones  (Montgomery), 

Wilson  (Clarke)  ^ 

Jones  (Wilcox), 

Wilson  ( Washington) , 

Knight, 

Winn— 78. 

Constitutional  Convention. 


1441 


nays. 


Messrs,  Aslicraft, 

Banks, 

Beddow, 

Bethune, 

Brooks, 

Burns, 

Chapman, 

Dent, 

Eley, 

Espy, 

Fletcher, 

Fosheo, 

Handley, 

Henderson, 

Hodges, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Kyle, 

Ledbetter, 


Loniax, 

McMillan  (Baldwin), 
Malone, 
Maxwell, 
Merrill, 
Moody, 
Norman, 
Gates, 
Pettus, 
Porter, 
Keese, 
Sanford, 
Selheimer, 
Sloan, 

Smith,  Mac.  A., 
Spears, 
Spragins, 
Thompson, 
Walker— 39. 


SPECIAL  ORDER. 


The  Convention  proceeded  to  the  consideration  of  the 
special  order,  which  was  the  amendment  offered  by  Mr. 
Watts  to  the  Article  on  Legislative  Department,  and 
the  substitute  for  the  amendment  offered  by  Mr.  Burns. 

The  amendment  and  the  substitute  were  read  at  length 
as  follows : 

Amendment  to  Article  on  Legislative  Department,  by 
Mr.  Watts : 

Amend  Section  IT,  report  of  the  Legislative  Commit- 
tee, by  adding  thereto  the  following  words,  viz. :  "No 
negro  shall  be  permitted  to  hold  office  in  this  State." 

Substitute  for  amendment  offered  by  Mr.  Watts,  by 
Mr.  Burns: 

Substitute  for  amendment  by  Mr.  Watts:  "And  no 
person,  who  is  not  a  Avhite  qualified  voter  shall  hold  any 
office  under  this  State." 

91 


1442  Journal  of  Alabama 

On  motion  of  Mr.  Coleman  of  Greene  the  amendment 
and  substitute  above  set  out  were  laid  upon  the  table, 

REGULAR  ORDER. 

The  Convention  proceeded  to  the  consideration  of  the 
regular  order,  which  was  ordinance  414. 

The  ordinance  was  read  a  third  time  at  length  as  fol- 
lows, and  adopted:  Yeas,  109;  nays,  0. 

Ordinance  414,  by  Mr.  Watts  : 

An  ordinance  to  provide  for  the  succession  in  the  office 
of  Governor  in  event  of  his  death,  resignation,  removal 
from  office,  disability  or  absence  from  the  State,  occur- 
ring prior  to  the  next  election  of  a  President  of  the  Sen- 
ate and  Speaker  of  the  House. 

Sec.  1.  Be  it  ordained  by  the  people  of  Alabama  in 
Convention  assembled,  That  in  event  the  Governor  dies^ 
resigns,  is  removed  or  under  disability  or  absent  from 
the  State  for  moi-e  than  twenty  days  prior  to  the  next 
election  of  a  President  of  the  Senate  and  a  Speaker  of 
the  House,  the  powers  and  duties  of  the  office  shall  de- 
volve in  the  order  named,  upon  Hon.  D.  J.  Meador,  the 
last  President  pro  tern  of  the  Senate;  next  upon  the  Hon. 
A.  M.  Tuustall,  the  last  Speaker  pro  tem  of  the  House; 
next  upon  the  Attorney  General ;  next  upon  the  Auditor; 
next  upon  the  Secretary  of  State;  next  upon  the  Treas- 
urer ;  but  the  power  and  duties  of  the  person  exercising 
the  office  of  Governor  in  lieu  of  the  Governor  shall  cease 
and  terminate  whenever  a  President  of  the  Senate  and  a 
Speaker  of  the  House  shall  be  elected  at  the  next  meet- 
ing of  any  General  Assembly. 

Sec.  2.  Be  it  further  ordained  that  this  ordinance  shall 
go  into  effect  immediately. 

YEAS. 

Messrs.  Ashcraft,  Bethune, 

Barefield,  Blackwell, 

Bartlett,  '^rooks. 

Beavers,  RroA\iQe, 

Beddow,  Bulger, 


Constitutional  Convention. 


1443 


Burnett, 

Burns, 

Byars, 

Carmichael  (Colbert), 

Chapman, 

Cobb, 

Cofer, 

Corn  well, 

Craig, 

Cunuingham, 

Dent, 

deOraffenried, 

Duke, 

Eley, 

Evster, 

Espy, 

Ferguson, 

Fletcher, 

Foster, 

Glover, 

Graham  (Montgomery), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Kandolph), 

Henderson, 

Hood, 

Howell, 

flowze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 


Kyle, 

Ledbetter, 

Lomax, 

Lowe  (Jefferson), 

Macdonald, 

:\[cMi]lan  (Baldwin), 

McMillan  (Wilcox), 

Martin, 

Maxw^-1], 

.Alerrill, 

Miller  (Wilcox), 

Murphree, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Kear, 

Palmer. 

3»:u-ker'(  Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus,  ■ 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Rogers  (Sumter), 

Samford, 

Sanders, 

San  ford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith,  Mac.  A., 

Smith,  Morgan  M. 


il444  Journal  of  Alabama 

Sorrell,  Weakley, 

Spears,  NVeatherly, 

Spragins,  White,, 

Stewart,  Whiteside, 

Tayloe,  Williams  (Barbour), 

Thompson,  Williams  (Marengo), 

Waddell,  Wilson  (Washington), 

Walker,  Winn— 109. 

Watts, 

On  motion  of  Mr.  Jones  of  Montgomery,  the  ordinance 
(414)  was  referred  to  the  Committee  on  Order,  Con- 
sistency and  Harmony  of  the  Whole  Constitution,  with- 
out engrossment  or  printing. 

ORDINANCE  449. 

The  Convention  proceeded  to  the  consideration  of  the 
next  regular  order,  which  was  ordinance  449. 
The  ordinance  was  read  at  length  as  follows : 
Report  of  the  Committee  on  Amending  the  Constitu- 
tion and  Miscellaneous  Provisions : 

Mr.  President : 

Your  Committee  on  Amending  the  Constitution  and 
Miscellaneous  Provisions  to  which  was  referred  ordi- 
nance No.  449,  by  Mr.  Browne  of  Talladega,  has  in- 
structed me  to  report  favorably  the  said  ordinance,  with 
the  following  substitute  for  the  same,  which  they  recom- 
mend be  adopted,  the  said  substitute  having  been  agreed 
upon  in  writing  by  those  opposing  and  those  favoring 
said  ordinance  No.  449. 

Respectfully  submitted, 

J.  M.  Foster,  Chairman. 

An  ordinance  to  repeal  so  much  of  ordinance  No.  390 
as  amended  and  adopted  by  this  Convention  which  ap- 
plies to  beats  8,  9  and  13  of  Shelby  county. 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assembled,  that  the  substitute  for  ordinance  No. 
390,  to  provide  for  the  establishment  of  a  court  house 
and  jail  in  St.  Clair  county,  as  amended  by  providing 


Constitutional  Convention. 


1445 


for  the  establishment  of  a  court  house  and  jail  in  Shelby 
county,  which  has  been  adoi3ted  by  this  Convention,  be 
and  the  same  is  hereby  repealed,  so  far  as  the  same  ap> 
plies  to  beats  8,  9  and  13  of  Shelby  county. 

The  substitute  was  adopted. 

The  question  recurred  upon  the  adoption  of  the  ordi- 
nance as  amended  by  the  substitute. 

The  ordinance  was  adopted :  Yeas,  98 ;  nays,  2. 

YEAS. 


Messrs.  President, 

Fletcher, 

Almon, 

Foster, 

Ashcraft, 

Glover, 

Banks, 

Graham  (Montgomery), 

Barefield, 

Graham  (Talladega), 

Beavers, 

Grant, 

Beddow, 

Grayson, 

Bethune, 

Greer  (Calhoun), 

Blackwell, 

Haley, 

Boone, 

Handley, 

Brooks, 

Harrison, 

Browne, 

Heflin  (Chambers), 

Burnett, 

Heflin  (Randolph), 

Byars, 

Henderson, 

Carmichael  (Coffee), 

Hood. 

Chapman, 

Howell, 

Cobb, 

Howze, 

Cofer, 

Tnce, 

Craig, 

Jackson, 

Cunningham, 

Jenkins, 

Davis  (DeKalb), 

Jones  (Bibb), 

Davis  (Etowah), 

Jones  (Montgomery), 

Dent, 

Jones  (Wilcox), 

deGraffenried, 

Knicfht, 

Duke, 

Led  better. 

Eley, 

Tyomax, 

Eyster, 

Lowe  (Jefferson), 

Espy, 

Mncdonald, 

Ferguson, 

^McMillan  ( Baldwin  )v 

1446 


Journal  of  Alabama 


McMillan  (Wilcox), 

Martin, 

Miller  (Wilcox), 

Miirphree, 

Norman, 

Norwood, 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Beese, 

Beynolds  (Chilton), 

J^ejnolds   (Henry), 


Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sloan, 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Vaughan, 

Waddell, 

Weakley, 

Weatherlv, 

•White, 

Williams  (Barbour), 

Williams  ( Marengo ) , 

Winn— 98. 


Messrs.  Merrill, 


NAYS. 

Watts— 2. 


On  motion  of  Mr.  Browne  the  ordinance  was  referred 
to  the  Comittee  on  Order,  Consistency  and  Harmony  of 
the  Whole  Constitution,  without  engrossment  or  print- 
ing. 

ORDINANCE  410. 


The  Convention  proceeded  to  the  consideration  of  the 
next  regular  order,  which  was  ordinance  410,  reported 
favorably  with  a  substitute. 

The  report  was  read  at  length  as  follows : 

Substitute  by  Committee  on  Judiciary  for  ordinance 
No.  410,  viz. : 

In  all  prosecutions  for  rape  and  assault  with  intent  to 
rape,  the  court  may,  in  its  discretion,  exclude  from  the 
court  room  all  persons  except  such  as  may  be  necessary 
dn  the  conduct  of  the  trial. 


Constitutional  Convention. 


1447 


Tlie  following  is  ordinance  No.  410,  bv  Mr.  Keese : 

Be  it  ordained  hy  the  people  of  Alabama,  in  Conven- 
tion assembled : 

Article  — 

Sec.  — .  In  all  prosecutions  for  rape,  adultery,  forni- 
cation and  sodomy  or  crime  against  nature,  the  court 
may,  in  its  discretion,  exclude  from  the  court  room  all 
persons  except  such  as  may  be  necessary  in  the  conduct 
of  the  trial. 

The  substitute  was  adopted. 

The  question  recurred  upon  the  adoption  of  the  ordi- 
nance 410  as  amended  by  the  substitute. 

The  ordinance  was  adopted :  Yeas,  102 ;  nays,  4. 


YEAS. 


Messrs.  President, 

Almon, 

Ashcraft, 

Banks, 

l^arefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Carmichael  (Colbert), 

Chapman, 

Cobb, 

Cofer, 

Craig, 

Cunninirham, 

Davis  (DeKalb), 

Davis  (Etowah), 


Dent, 

deGraffenried, 
Duke, 
Eley, 
Eyster, 
Espy, 
Ferguson, 
Foster, 
(rlover, 

Graliam  ( Montgomery ) 
Graham  (Talladega), 
Orant, 
Grayson, 

Greer  (Calhoun), 
naley, 
FTandley, 
Harrison, 

Heflin  (Chambers), 
ITeflin  'Randolph), 
Henderson, 
Hodges, 
H'.od 
Howell, 

Jackson, 


1448 


Journal  of  Alabama 


Jenkins, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (IMontgomery), 

Jones  (Wilcox), 

Knio-ht, 

Kyle, 

Lomax, 

Macdonald, 

McMillan  (Baldwin), 

Mc:\nilan  (Wilcox), 

Mai  one, 

Martin, 

Maxwell, 

Merrill, 

Murphree, 

Norwood, 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 


Messrs.  Fosliee, 
Whiteside, 


Pillans, 

Pitts, 

Proctor, 

Txeese, 

Kevnolds  (Chilton), 

Reynolds  (Henry), 

liojiers  (  Sumter), 

Sanders, 

Sentell, 

Sloan, 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrel  1, 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Waddell, 

Walker, 

Weakley, 

Wliite, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke) 

Wilson  ( AVashington ) ,. 

Winn— 102. 


NAYS. 


Spears, 
Watts— 4. 


SUBSTITUTE  FOR  RULE   53. 

The  Convention  proceeded  to  the  consideration  of  the 
next  regular  order,  which  was  the  substitute  reported 
by  the  Committee  on  Rules  for  rule  53. 

The  substitute  was  read  at  length  as  follows : 

Amendment  by  Rules  Committee  : 

Amend  rule  53  so  as  to  read  as  follows : 

Rule  53.  The  Committee  on  Order,  Consistency  and 
Harmony  of  the  Constitution  shall  report  the  proposed 
Constitution  to  the  Convention,  or  any  part  o-    n-M  t^t 


Constitutional  Convention.  1449 

thereof,  from  time  to  time  a«  they  may  think  proper,  and 
the  Constitution,  or  the  parts  thereof,  so  reported,  shall 
be  read  and  acted  up,  article  by  article,  and  submitted  to 
a  vote  of  the  Convention ;  if  a  majority  of  the  members 
present  shall  vote  therefor,  the  same  shall  be  adopted, 
but  if  amended  in  any  particular,  it  shall  be  re-referred, 
with  such  amendments,  to  the  said  committee,  who  shall 
cause  the  article  or  articles  amended,  with  such  amend- 
ment so  adopted,  to  be  rewritten  and  report  the  same  to 
the  Convention  for  its  action.  When  the  Constitution 
shall  have  finally  been  adopted  by  the  Convention  it 
shall  be  enrolled,  and  when  enrolled  it  shall  be  aj^ain 
read,  and  attested  by  the  President  and  Secretary,  and 
each  delegate  to  the  Convention  shall  jjersonally  sign 
his  name  thereto.  The  signature  of  the  majority  of  the 
delegates  present,  or  a  majority  of  the  Convention,  shall 
constitute  a  sufficient  attestation. 

On  motion  of  Mr.  White  the  substitute  was  laid  upon 
the  table. 

SCHEDULE^  printing   AND  INCIDENTAL  EXPENSES. 

Mr.  Heflin,  chairman  of  the  Committee  on  Schedule, 
Printing  and  Incidental  Expenses,  called  up  the  follow- 
ing report,  which  was  adopted,  and  the  President  was 
authorized  to  draw  a  warrant  on  the  Treasurer  for  the 
several  amounts,  in  favor  of  the  firms  and  individuals 
mentioned  in  the  report. 
Mr.  President : 

The  Committee  on  Schedule,  Printing  and  Incidental 
Expenses  have  instructed  me  to  make  the  following  par- 
tial report,  viz. : 

The  committee  has  audited  the  accounts  hereto  at- 
tached and  find  that  the  State  of  Alabama  is  indebted 
to  the  Ed.  C.  Fowler  Co.,  of  Monttiomerv,  Ala.,  in  the 
sum  of  1113.15. 

We  find  that  said  State  is  indebted  to  tlie  Brown 
Printing  Co.,  of  Montgomery,  Ala.,  in  the  sum  of  |464.45 
for  printing. 

We  find  that  said  State  is  indebted  to  J.  W.  Terry  of 
Montgomery,  Ala.,  in  the  sum  of  ^5.00  for  the  use  of  a 
typewriter  from  July  24th  to  August  24th. 


1450  Journal  of  Alabama 

All  of  the  above  accoimts  are  for  priutiu;^-  doue,  and 
for  articles  furnished  the  State  of  Alabama  for  the  use 
of  the  Constitutional  Convention,  and  all  of  the  above 
accounts  are  itemized  as  shown  by  bills  hereto  attached. 
Total  amount  |5S2.60.  And  we  recommend  the  payment 
of  the  same.    All  of  which  is  respectfully  submitted, 

John  T.  Heflin,  Chainnan. 

REPORT  of   standing   COMMITTEES. 

Mr.  Hefiin  of  Randolph,  chairman  of  the  Committee 
on  Schedule,  Printing  and  Incidental  Expenses,  sub- 
mitted the  following  report,  which  was  read  at  length  as 
follows: 

Mr.  President : 

The  Committee  on  Schedule  instructs  me  to  make  the 
following  report : 

The  Committee  on  Schedule  has  carefully  considered 
all  of  the  provisions  of  the  schedule  of  the  Constitution 
of  1875,  and  no  change  is  made  in  said  article  except  in 
Section  3,  4,  7  and  8,  and  they  here  with  report  the  at- 
tached article,  which  they  recommend  shall  be  adopted 
by  this  Convention  as  the  Schedule  of  the  new  Constitu- 
tion.    All  of  which  is  respectfully  submitted, 

John  T.  Heflin^ 
Chairman  Committee  on  Schedule. 

ARTICLE  — 

schedule. 

In  order  that  no  injuiy  or  inconvenience  may  arise 
from  the  alterations  and  amendments  made  by  this  Con- 
stitution to  the  existinc:  Constiution  of  this  State,  and 
to  cai'ry  this  Constitution  into  effect,  it  is  hereby  or- 
dained and  declared : 

First — That  all  laws  in  force  at  the  ratification  of  this 
Constitution  and  not  inconsistent  therewith,  shall  re- 
main in  full  force,  until  altered  and  repealed  by  the  Leg- 
ishiture;  and  all  rights,  actions,  prosecutions,  claims  and 


Constitutional  Convention.  1451 

contracts  of  this  State,  counties,  individuals  or  l)odies 
corpoi'ato,  not  inconsistent  witli  tliis  Constitution,  shall 
continue  to  be  valid  as  if  this  Constituion  had  not  been 
ratified. 

Second — That  all  bonds  executed  bj  or  to  any  officer 
of  this  State,  all  recognizances,  obligations  and  all  other 
instruments  executed  to  this  State,  or  any  subdivision 
or  municipality  thereof,  before  the  ratification  of  this 
Constiution,  and  all  fines,  taxes,  penalties  and  forfeit- 
ures due  and  owing  to  this  State,  or  any  subdivision,  or 
any  municipality  thereof;  and  all  writs,  suits,  prosecu- 
tions, claims  and  causes  of  action,  except  as  herein 
otherwise  provided,  shall  continue  andremaiu  unaffected 
by  the  ratification  of  this  Constitution.  All  indictments 
which  may  have  been  found,  or  which  may  hereafter  be 
found,  for  any  crime  or  offense  committed  before  the 
ratification  of  this  Constitution,  shall  be  proceeded  upon 
in  the  same  manner  as  if  this  Constitution  had  not  been 
ratified. 

Third — That  all  the  executive  and  judicial  officers, 
and  all  other  officers  in  this  State,  who  shall  have  been 
elected  at  the  election  held  in  this  State  on  the  first  day 
of  August,  181)8,  or  who  may  have  been  appointed  since 
that  time,  and  all  members  of  the  present  General  As- 
sembly, and  all  that  may  hereafter  be  elected  members  of 
the  present  General  Assembly,  and  all  other  officers  hold- 
ing office  at  the  time  of  the  ratification  of  this  Consti- 
tution, shall  continue  in  office  and  exercise  the  duties 
thereof  until  tlieir  respective  terms  shall  expire,  as  pro- 
vided ])y  the  present  Constitution  and  laws  of  this  State. 

Fourth— This  Constitution  shall  l)e  submitted  to  the 
qualified  electors  of  this  State  for  ratification  or  re- 
jection, as  authorized  and  required  by  an  act  of  the  Gen- 
eral Assend)ly  of  this  State,  entitled  "an  act  to  provide 
for  holding  a  Convention  to  revise  and  amend  the  Con- 
stitution of  this  State,"  approved  December  the  11  th, 
1900. 

pifth — That  instead  of  the  publication  as  required  by 
Sections  6  and  24  of  an  act  to  provide  for  holding  a  Con- 
vention to  revise  and  amend  the  Constitution,  the  Gov- 
ernor of  the  State  is  hereby  authorized  to  take  such  steps 


1452  Journal  of  Alabama 

as  will  give  general  publicity  and  circulation  to  this 
Constitution  in  an  as  economical  manner  as  practicable. 

Sixth — That  the  unexpired  portion  of  the  present 
terms  of  the  Trustees  of  the  State  University  shall  not 
be  computed  as  part  of  the  twelve  successive  years  for 
which,  under  the  provisons  of  this  Constitution,  Trus- 
tees of  the  University  may  hold  office,  but  members  of 
the  existing  Board  of  Trustees  may,  if  elected  thereto, 
hold  office  as  such  Trustees  for  twelve  successive  years 
in  addition  to  the  unexpired  portion  of  their  present 
terms. 

Sc  enth — The  salaries  of  the  Executive  and  Judicial 
and  all  other  State  officers  of  this  State  who  may  be 
holding  office  at  the  time  of  the  ratification  of  this  Con- 
stitution, and  the  pay  of  the  present  members  of  the 
General  Assembly,  shall  not  be  affected  by  the  provisions 
of  this  Constitution. 

On  motion  of  Mr.  Heflin  of  Randolph  the  rules  were 
suspended  and  the  article  reported  by  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses  was  taken 
up  for  adoption. 

The  article  was  read  section  by  section  and  adopted  r. 
Yeas,  106;  nays,  0. 

YEAS. 

Messrs.  President,  Gofer, 

Ashcraft,  Cunningham, 

Barefield,  Davis  (DeKalb), 

Bartlett,  Davis  (Etowah), 

Beavers,  Dent, 

Beddow,  deGraffenried, 

Bethune,  Duke, 

Blackwell,  Eley, 

Brooks,  Eyster, 

Browne,  Espy, 

Burns,  l-^^rgurff  n, 

Byars,  l-'letcher, 

Carmichael  (Colbert),  Foster, 

Chapman,  Glover, 

Cobb,  Graham  (:\rontgomery). 


Constitutional  Convention. 


1453 


Oraham  (Talladega), 

Grant, 

Orajsoii, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Hetlin  (Randolph), 

E[end3rson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones,  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Ledbetter, 

Lomax, 

Long  (Butler), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

:N[cMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

aMartin, 

Maxwell, 

Merrill, 

Miller  (Wilcox), 

Moody, 

Murphree, 

Norhian, 

jS^orwood, 


Gates, 

O'Neal   (Lauderdale), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Iveese, 

Rogers  (Sumter), 

Samford, 

Sanders, 

Stmford, 

Searcy, 

Selheimer, 

Sentell, 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Watts, 

Weakley, 

Weatherly. 

Whiteside, 

Williams  ( Marengo ) , 

Wilson  ( Washington ) , 

Winn— 106. 


1454  Journal  of  Alabama 

On  motion  of  Mi*.  Hellin  of  Ilandolph  the  report  was- 
ordered  printed  and  referred  to  the  Committee  on  Order, 
Consistency  and  Harmony  of  the  Whole  Constitution 
without  engrossment. 

Mr.  Hellin  of  ]\andolph,  chairman  of  the  Committee 
on  Schedule,  Printing  and  Incidental  Expenses ,  also 
submitted  the  following  contract,  and  moved  that  the 
same  be  spread  upon  the  Journal,  and  a  cop3'  of  said  con- 
tract be  tiled  \Aith  the  Secretary  of  State. 

Tlie  motion  prevailed. 

The  contract  was  read  at  length  as  follows : 

To  the  Hoiiorahic  Coiniiilitcc  on  ScJicdulc,  Fritttiiif/  and 
Incidental  Expenses — Gentlemen : 

We  will  ])rint  one  thousand  (1,000)  copies  of  the 
Journal  of  the  Constitutional  Convention  as  follows: 

On  50-lb  book  paper,  same  quality  as  that  in  the  Sup- 
reme Court  of  Alabama  Reports,  and  in  the  same  style 
of  type,  (small  pica)  for  65  cents  per  page. 

A'\'ill  bind  in  full  cloth  one  thousand  (1,000)  copies  for 
17  cents,  lettered  as  may  hereafter  be  decided.  To  be 
sewed  on  five  bands.  Cloth  to  be  same  as  sample  shown, 
(  Publication  of  -Morris'  Papers,  New  Jersey). 

The  Brown  Printing  Co. 
J.  n.  Crenshaw,  Heey.  and  Treas. 

AV(\the  committee  of  the  Constitutional  Convention  ap- 
])ointcd  and  directed  to  contract  for  and  let  the  }»rinting 
and  binding  of  the  Journal  of  the  said  Convention  here- 
by award  the  contract  for  the  said  printing  and  binding 
to  the  Brown  Printing  Co.,  in  accordance  with  the  bid 
hereinaltove  submitted  and  accepted  l>y  us. 

John  T.  Heflin, 
Chairman  Committee  on   Schedule,  Printing  and   Inci- 
dental Expenses. 

August  14,  1901. 

]\Ir.  Heflin  of  lvandol])h  also  reported  without  recom-- 
mendation  the  following  ordinance : 

Ordinance  446,  by  Mr.  Williams,  of  Marengo: 


COXSTITUTIONAL  CONVENTION.  1455 

To  provide  for  the  indexing  the  stenographic  report 
and  for  snpplying  members  of  the  Convention  therewith, 
and  to  repeal  resolution  No.  1G9,  touching  the  same  mat- 
ter. 

Be  it  ordained  b}-  the  people  of  Alabama  in  Conven- 
tion assembled.  That  resolution  No.  1G9  heretofore 
passed  bv  this  Convention,  be  and  the  same  is  hereb}'  re- 
pealed. 

Be  it  further  ordained,  That  the  Secretary  of  this 
Convention  shall  immediately  on  the  adjournment  sine 
die  of  this  Convention,  contract  with  some  reliable  and 
competent  person  to  make  a  full  and  complete  index  of 
the  stenographic  report  of  the  proceedings  of  this  Con- 
vention, and  that  for  such  services  he  shall  be  author- 
ized to  spend  not  exceeding  the  sum  of  one  hundred  and 
fifty  (.$150)  dollars,  and  said  index  shall  be  completed 
Avithin  sixty  days  after  the  adjournment  of  this  Conven- 
tion, and  shall  by  the  Secretary  be  placed  in  the  hands 
of  a  reliable  printer,  who  shall  not  make  less  than  twelve 
hundred  (1,200)  copies  thereof,  and  the  contract  entered 
into  with  such  printer  shall  not  exceed  the  sum  of  |75, 
or  so  much  of  the  same  as  nmy  l)e  necessary  for  the  print- 
ing of  the  same. 

The  making  of  the  index  and  the  printing  thereof  shall 
be  done  under  the  supervision  of  the  Secretary,  who 
shall  mail,  or  cause  to  be  mailed,  to  each  member  of  this 
Convention  at  their  proper  homes,  not  less  than  five 
copies  <)f  said  index,  and  the  Secretary  shall  place  in  the 
stenographic  reports  reserved  for  the  use  of  the  State 
one  each  of  said  indices. 

Be  it  further  ordained.  That  there  is  hereby  ap])rop]-i- 
ated  out  of  any  njoney  in  the  State  Treasury,  not  other- 
wise appropriated,  the  sums  of  money  mentioned  above 
for  compensation  for  the  services  to  be  rendered,  and 
when  the  Secretary  certifies,  under  his  hand,  to  the  Audi- 
tor, tliat  the  work  above  mentioned  has  been  fullv  com- 
pleted- tlte  Auditor  shall  draw^  his  warrant  upo  the 
State  Treasury  for  said  amount  in  favor  of  the  Secretary, 
who  shall  thereupon  pay  it  over  to  the  proper  parties. 

The  ordinance  was  referred  to  the  Committee  (ui 
Schedule,  Printing  and  Incidental  Expenses. 


1456  JouENAL  OF  Alabama 

Mr.  Heflin  of  Chambers  moved  that  the  rules  be  sus- 
pended and  that  the  ordinance  446  be  taken  up  for 
adoption. 

Tlie  motion  to  suspend  the  rules  was  lost. 

KEPORT  OF  THE   COMMITTEE  ON   ENGROSSMENT. 

Mi\  President : 

Your  Committee  on  Engrossment  has  examined  the 
Article  on  Militia  and  has  found  the  same  to  be  correctly 
engrossed. 

Wm.  H.  Samford^  Chairman. 

ARTICLE  on   third  READING. 

The  Article  on  Militia  was  taken  uj),  read  a  third  time 
at  length,  as  follows,  and  adopted:  leas,  109;  navs,  0. 

ARTICLE  — 

Section  1.  The  Legislature  shall  have  the  power  to  de- 
clare who  shall  constitute  the  militia  of  the  State,  and 
to  provide  for  organizing,  arming  and  disciplining  the 
same ;  and  the  Legislature  may  provide  for  the  organiza- 
tion of  a  State  Naval  Militia. 

Sec.  2.  The  Legislature,  in  providing  for  the  organiza- 
tion, equipment  and  discipline  of  the  militia,  shall  con- 
form as  nearly  as  practicable  to  the  regulations  for  the 
government  of  the  armies  of  the  United  States. 

Sec.  3.  Each  company  and  regiment  .shall  elect  its 
own  company  and  regimental  officers;  but  if  any  com- 
pany or  regiment  shall  neglect  to  elect  such  officers  with- 
in the  time  prescribed  by  law,  they  may  be  appointed 
by  the  Governor. 

Sec.  4.  Volunteer  organizations  of  infantry,  cavalry, 
and  artillery  and  naval  militia  may  be  formed  in  such 
manner  and  under  such  restrictions  and  w^ith  such  privi- 
leges as  may  be  provided  l)y  law. 

Sec.  5.  The  militia  and  volunteer  forces  shall,  in  all 
cases,  except  treason,  felony  and  breach  of  the  peace, 
be  privileged  from  arrest  during  their  attendance  at 
musters,  parades  and  elections  and  in  going  to  and  re- 
turning from  the  same. 


Constitutional  Convention. 


1457 


Sec.  6.  The  Governor  shall,  except  as  otherwise  pro- 
vided herein,  be  commander-in-chief  of  the  militia  and 
volunteer  forces  of  the  State,  except  when  in  the  service 
of  the  United  States,  and  shall,  with  the  advice  and  con- 
sent of  the  Senate,  appoint  all  general  officers,  whose 
terms  of  office  shall  be  for  four  years.  The  Governor, 
the  generals  and  regimental  and  batallion  commanders 
shall  appoint  their  own  staff's,  as  may  be  provided  by 
law. 

Sec.  7.  The  Legislature  shall  provide  for  the  safe- 
keeping of  the  arms,  ammunition  and  accoutrements, 
military  records,  banners  and  relics  of  the  State. 

Sec.  8.  The  officers  and  men  of  the  militia  and  volu- 
teer  forces  shall  not  be  entitled  to  or  receive  any  pay, 
rations*  or  emoluments  when  not  in  active  service. 


YEAS. 


Messrs.  President, 

Almon, 

Ashcraft, 

Barefield, 

Bartlett, 

Reavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burns, 

Byars, 

Chapman, 

Cobb, 

Cofer, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

92 


deGraffenried, 
Duke, 
Eley, 
Eyster, 
Espy, 
Ferguson, 
Foster, 
Glover, 

Graham  (Montgomery), 
Graham  (Talladega), 
Grant, 
Grayson, 

Greer  (Calhoun), 
Haley, 
Handley, 

Reflin  (Chambers), 
Heflin  (Randolph), 
Henderson, 
Hood. 
Howell, 
Howze, 
Inge, 
■I.ickson, 


1458 


Journal  of  Alabama 


Jenkins, 

Pillans, 

Jones  (Bibb), 

Pitts. 

Jones  (Hale), 

Proctor, 

Jones  (Montgomery), 

Keese, 

Jones  (Wilcox), 

Heynolds  (Chilton), 

Knioht, 

Reynolds  (Henry), 

Kyle, 

Rogers  ( Lowndes) , 

Ledbetter, 

Rogers  (Sumter), 

Lomax, 

Sam  ford. 

Long  (Butler), 

Sanders, 

Lowe  (Jefferson), 

San  ford. 

.Afaedonald, 

Seai'cy, 

McMillan  (Baldwin), 

Senteil, 

McMillan  (Wilcox), 

Smith,  Mac.  A., 

]\Lalone, 

Smith,  Morgan  M., 

Martin, 

Sorrell, 

Maxwell, 

Sj)i'agins, 

]\rerrill, 

Stewart, 

Miller  (Wilcox), 

Tayloe, 

Murpliree, 

Thompson, 

Norman, 

Vaughan, 

Norwood, 

Waddell, 

Oates, 

Walker, 

O'Neal   (Lauderdale), 

Watts, 

Opp, 

Weaklev, 

O'Rear, 

White, 

Palmer, 

Williams   (Barbour), 

Parker  (Cullman), 

Williams  (Marengo), 

Parker  (Elmore), 

Wilson  (Clarke)," 

Pearce, 

Wilson  (Washington) 

Pettna, 

Winn— 109. 

Phillips, 

«. 

TO  RECALL  ORDINANCES  FROM  CO:\rMITTEE. 


Mr.  deGraffenried  moved  to  recall  ordinance  426  fro^ii 
the  Committee  on  Banks  and  Banking. 

Mr.  Fletcher  moved  to  table  the  motion  of  Mr.  deCvaf- 
fenried. 

The  motion  prevailed,  and  the  motion  of  ^Iv.  dc'Irir- 
fenried  was  laid  upon  the  table. 


Constitutional  Convention. 

RECESS. 


145^ 


On  motion  of  Mr.  O'Neal  of  Lauderdale  the  t  Conven- 
tion recessed  until  o  :30  o'clock  this  afternoon. 


AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment, 

ROLL   CALL, 

On  a  call  of  the  roll  of  the  Convention  the  follow- 
ing delegates  answered  to  their  names,  which  consti- 
tuted a  quorum : 


Messrs.  President, 

Fletcher, 

Banks, 

Foshee, 

Barefield, 

Foster, 

Bartlett, 

Gilmore, 

Beavers, 

Glover, 

Beddow, 
Bethune, 
Blackwell, 

Graham  (Montgomery), 
<  Iraham  ( Talladega  ) , 
Grant, 

Brooks, 

Grayson, 

Browne, 

Bulger, 

Burnett, 

Greer  (Calhoun), 

Haley, 

Handley, 

Byars, 

Harrison, 

Oarmichael   (Colbert), 

Chapman, 

Cobb, 

Heflin  (Chambers), 
Heflin  (Randolph), 
Henderson, 

Cofer, 

Hodges, 

Cornwell, 

Hood, 

Craig, 
Cunningham, 

Howell, 
Howze, 

Davis  (Etowah)^ 
Dent, 

Inge, 
JenkinSj 

deGraffenried, 

Jones,  (Bibb), 

Duke, 

Eley, 

Eyster, 

Jones  (Montgomery), 
Jones  (Wilcox), 
Knight, 

1460 


Journal  of  Alabama 


Kyle, 
Ledbetter, 
Long  (Walker), 
£iOwe  (Jefferson), 
Lowe  (Lawrence), 
Macdonald, 
McMillan  (Baldwin), 
McMillan  (Wilcox), 
Mai-tin, 
Maxwell, 
Merrill, 

Miller  (Wilcox^ 
Moody, 
Murphree, 
Norman, 
Norwood, 

(TNeal  ( Lauderdale ) , 
Opp, 
O'Rear, 
Palmer, 

Parker  (Cullman), 
I'carce, 
Petfcus, 
Phillips, 
Pitts, 
Porter, 
Proctor, 
IJeese, 


Ke^'nolds  (Chilton), 

Reynolds  (Henry), 

Eogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Smith,  Mac.  A., 

Smith,  Morgan  M. 

Sorrell, 

Spragins, 

Stewart, 

Studdard, 

Thompson, 

Vaughan, 

Walker, 

Watts, 

Weakley, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  ( Washington ) , 

Winn— 107. 


REPORT  OF  THE  COMMITTEE  ON   ENGROSSMENT, 

Mr.  Samford,  chairman  of  the  Committee  on  Engross- 
ment, submitted  the  following  report : 

Mr.  President: 

Your  Committee  on  Engrossment  report  that  they 
have  examined  and  compared  the  Article  on  Corpora- 
tions, and  find  the  same  correctly  engrossed. 

Wm.  H.  Samford,  Chairman. 

The  Article  on  Corporations  was  read  at  length  as 
follows  a  third  time,  and  adopted:  Yeas,  99;  nays,  8. 


Constitutional  Convention.  1461 

An  ordinance  to  provide  for  the  organization  and 
regulation  of  corporations  in  the  State  of  Alabama. 

Be  it  ordained  b}"  the  people  of  Alabama  in  Conven- 
tion assembled,  that  Article  XIV  of  the  Constitution  cff 
1875,  except  that  portion  thereof  under  the  head  of 
Banks  and  Banking,  be  stricken  out  and  the  following, 
inserted  in  lieu  thereof : 

Section  1.  The  Legislature  shall  pass  no  special  act 
conferring  corporate  powers,  but  it  shall  pass  gener;il 
laws  under  which  corporations  may  be  organized  and- 
corporate  powers  obtained;  subject,  nevertheless,  to  re- 
peal at  the  will  of  the  Legislature;  and  shall  pass  gen- 
eral laws  under  which  charters  may  be  altered  or  amend- 
ed. The  Legislature  shall,  by  general  law,  provide  for 
the  payment  to  the  State  of  Alabama  of  a  franchise  tax 
by  corporations  organized  under  the  laws  of  this  State, 
which  shall  be  in  proportion  to  the  amount  of  capital 
stock.  But  strictly  benevolent,  educational  or  religious 
corporations  shall  not  be  required  to  pay  such  a  tax. 
The  charter  of  any  corporation  shall  be  subject  to  amend- 
ment, alteration  or  repeal  under  general  laws. 

Sec.  2.  All  existing  charters  under  which  a  bona  fide 
organization  shall  not  have  taken  place,  and  business 
been  commenced  in  good  faith  within  twelve  months 
from  the  time  of  the  ratification  of  this  ConstitutioB", 
shall  thereafter  have  no  validity. 

Sec.  3.  The  Legislature  shall  not  remit  the  forfeiture 
of  the  charter  of  any  corporation  now  existino-  nor  alter 
or  amend  the  same,  nor  pass  anv  general  or  special  law 
for  the  benefit  of  such  corporation  other  than  in  execu- 
tion of  a  trust  created  by  law  or  by  contract,  except  upon 
the  condition  that  such  corporation  shall  thereafter  hold 
its  charter  subject  to  the  provisions  of  this  Constitution. 

Sec.  4.  No  foreign  corporation  shall  do  any  busines^i 
in  this  State  without  having  at  least  one  known  place  of 
business,  and  an  authorized  agent  or  agents  therein,  and" 
without  filing  with  the  Secretary  of  State  a  certified 
copy  of  its  articles  of  incorporation  or  association.  Such 
corporation  may  be  sued  in  any  county  where  it  does 
business,  by  service  of  process  upon  an  agent  anywhere 
in  the  State.     The  Legislature  shall,  by  general   Iaw> 


1462  Journal  of  Alabama 

providi^  for  the  payment  to  the  State  of  Alabama  of  a 
francliise  tax  by  such  corporation,  but  based  on  actual 
amount  of  capital  employed  in  this  State.  Strictly 
benevolent,  educational  or  religious  corporations  shall 
not  be  re<piired  to  pay  such  a  tax. 

Sec.  5.  No  corporation  shall  engage  in  any  business 
other  than  that  expressly  authorized  in  its  charter,  or 
articles  of  incorporation. 

Sec.  ^.  No  corporation  shall  issue  stocks  or  bonds  ex- 
cept foT'  money,  labor  done,  or  money  or  property 
actually  received;  and  all  fictitious  increase  of  stock  or 
inclebtf^iness  shall  be  void.  The  stock  and  bonded  in- 
debtedness of  corporations  shall  not  be  increased  except 
in  pursuance  of  general  laws,  nor  without  the  consent  of 
the  persons  holding  the  larger  amount  in  value  of  stock, 
first  obtained  at  a  meeting  to  be  held  after  thirty  days' 
notice  given  in  pursuance  of  law. 

Ser  7.  Municipal  and  otlier  corporations  and  indi- 
viduals invested  with  the  privilege  of  taking  pro]>ei"ty 
for  public  use,  shall  make  just  compensation  to  be  ascer- 
tained as  may  be  provided  by  law,  for  the  property 
taken,  hijui-ed  or  destroyed  by  the  construction  or  en- 
largements of  its  works,  highways  or  improvements, 
•which  'ompensation  shall  be  paid  before  such  taking, 
injury  'H-  destruction.  The  Legislature  is  hereby  pro- 
hibited fr<»m  depriving  any  person  of  an  appeal  from  any 
preliminary  assessment  of  danmges  against  any  such 
corporations  or  individuals  nuule  by  viewers  or  other- 
wise, but  such  appeal  shall  not  deprive  the  person  who 
has  obt;iin(Ml  the  judgment  or  condemnation  from  a  right 
of  entry,  })i'(tvided  he  shall  have  paid  into  court  in  money 
the  anitHint  of  the  damages  assessed  and  shall  ]u{\o  giv^en 
bond  III  not  less  than  double  the  amount  of  the  damages 
assessf'il,  with  good  and  sufficient  sureties  to  pay  such 
damages  as  the  ]>ropertv  owner  may  sustain ;  and  the 
amount  of  damages  in  all  cases  of  ai)]ieals  shall,  on  the 
demand  of  either  ])arty,  be  deternvned  by  a  jury,  accord- 
ing to  law. 

Sec.  ■<.  Dues  from  ])rivate  cori>orations  shall  be  se- 
cured b;  such  means  jis  mav  be  i)rescribed  bv  law,  but  in 
no   caM^   sball    any   stockholder   be    individuallv   liable 


Constitutional  Convention.  1463 

otherwise  tliau  for  the  unpaid  stock  owned  by  him  or 
her. 

Sec.  9.  No  corporation  shall  issue  preferred  stock 
without  the  consent  of  the  owners  of  two-thirds  of  the 
stock  of  said  corporation. 

Sec.  10.  The  Legislature  shall  have  the  power  to  alter, 
amend  or  revoke  any  charter  of  incorporation  now  exist- 
ing and  revokable  at  the  ratification  of  this  Constitution, 
or  any  that  may  be  herafter  created,  whenever,  in  their 
opinion,  it  may  be  injurious  to  the  citizens  of  this  State, 
in  such  manner,  however,  that  no  injustice  shall  be  done 
to  the  stockholders. 

Sec.  11.  Any  association  or  corporation  organized  for 
the  purpose,  or  any  individual  shall  have  the  right  to 
construct  and  maintain  lines  of  telegraph  and  telephone 
within  tliis  State,  and  connect  the  same  with  other  lines, 
and  the  Legislature  shall,  by  general  law  of  uniform  ope- 
ration, provide  reasonable  regulations  to  give  full  effect 
to  this  section.  Xo  telegraph  or  telephone  company  shall 
consolidate  with  or  hold  a  controlling  interest  in  the 
stock  or  l>onds  of  any  other  telegraph  or  telephone  com- 
pany owning  a  competing  line,  or  acqtiire,  by  purchase 
or  otherwise,  an_y  other  competing  line  of  telegraph  or 
telephone. 

Sec.  12.  All  corporations  shall  have  the  right  to  sue, 
and  shall  be  subject  to  be  sued,  in  all  courts  in  like  cases 
as  natural  persons. 

Sec.  13.  The  tei-m  ''corporation"  as  used  in  this  arti- 
cle, shall  be  construed  to  include  all  joint  stock  com- 
panies or  any  association  having  any  of  the  powers  or 
privileges  of  corporations,  not  possesisied  by  individuals 
or  partnerships. 

RAILROADS  AND  CANALS. 

Sec.  14.  All  railroads  and  canals  shall  be  public  high- 
ways, and  all  railroads  and  canal  companies  shall  be 
common  carriers.  Any  association  or  corporation  or- 
ganized for  the  purpose  shall  have  the  right  to  construct 
and  operate  a  railroad  between  any  points  in  this  State, 
and  connect  at  the  State  line,  with  railroads  of  other 


1464  Journal  of  Alabama 

States.  Every  railroad  company  shall  have  the  right 
with  its  road  to  intersect,  connect  with,  or  cross  any 
other  railroad,  and  shall  receive  and  transport  each,  the 
others  freight,  passengers  and  cars,  loaded  or  empty, 
without  delay  or  discrimination. 

Sec.  15.  The  power  and  authority  of  regulating  rail- 
road freight  and  passenger  tariffs,  the  location  and 
building  of  passenger  and  freight  depots,  correcting 
abuses,"and  preventing  unjust  discrimination  and  extor- 
tion and  requiring  reasonable  and  just  rates  of  freight 
and  passenger  tariffs,  are  hereby  conferred  upon  the 
Legislature,  whose  duty  it  shall  be  to  pass  laws  from 
time  to  time  regulating  freight  and  passenger  tariffs,  to 
prohibit  unjust  discriminations  in  the  various  railroads, 
canals  and  rivers  of  this  State,  and  prohibit  charging 
other  than  just  and  reasonable  rates  and  enforce  the 
same  by  adequate  penalties. 

Sec.  10.  No  railroad  or  other  transportation  company 
or  corporation  shall  grant  free  passes  or  sell  tickets  or 
passes  at  a  discount  other  than  as  sold  to  the  public  gen- 
erally, to  any  member  of  the  Legislature  or  to  any  officer 
exercising  judicial  functions  under  the  laws  of  this 
State,  and  any  such  member  or  officer  receiving  such  a 
pass  or  ticket  for  himself,  or  procuring  the  same  for  an- 
other, shall  be  guilty  of  a  misdemeanor,  and,  upon  con- 
viction, shall  be  fined  not  exceeding  |500,  and  at  the  dis- 
cretion of  the  court  trying  the  case,  in  addition  to  such 
fine,  may  be  imprisoned  for  a  term  not  exceeding  six 
months,  and  upon  conviction,  shall  be  subject  to  im- 
peachment and  removal  from  office.  The  courts  having 
jurisdiction  shall  give  this  law  specially  in  charge  to  the 
Grand  Juries,  and  when  the  evidence  is  sufficient  to 
authorize  an  indictment,  the  Grand  Jury  must  present 
a  true  bill.  Any  county  into  or  tlirougli  which  such 
member  or  officer  is  transported  by  the  use  of  such  pro- 
hibited pass  or  ticket,  shall  have  jurisdiction  of  the  case, 
providing  only  one  ]>rose('ution  shall  be  had  for  the  same 
offense;  and  pi-ovided  further,  that  the  trial  and  judg- 
ment for  an  offense  shall  not  bar  a  prosecution  for  an- 
other offense,  when  the  same  pass  or  ticket  is  used ;  and 
provided  further,  that  nothing  herein  shall  prevent  a: 


Constitutional  Convention.  1465' 

member  of  the  Legislature  who  is  a  bona  fide  employe  of 
a  railroad  or  other  transportation  company  or  corpora- 
tion at  the  time  of  his  election,  from  accepting  or  pro- 
curing for  himself  or  another,  not  a  member  of  the  Leg- 
islature, or  officer  exercising  judicial  functions,  a  free 
pass  over  the  railroads  and  other  transportation  com- 
pany or  corporation  by  which  he  is  employed. 

Sec,  17.  No  railroad  company  shall  give  or  pay  any 
rebate,  or  a  bonus  in  the  nature  thereof,  directly  or  in- 
directly, or  do  any  act  to  mislead  or  deceive  the  public 
as  to  the  real  rates  charged  or  received  for  freights  and 
passage;  and  any  such  payments  shall  be  illegal  and 
void,  and  these  prohibitions  shall  be  enforced  by  suitable 
penalties. 

Sec.  18.  No  railroad,  canal  or  other  transportation 
company  in  existence  at  the  time  of  the  ratification  of 
this  Constitution,  sliall  have  the  benefit  of  any  future 
legislation  by  general  or  special  laws  other  than  in  exe- 
cution of  a  trust  created  by  law  or  by  contract,  except 
on  the  condition  of  complete  acceptance  of  all  provisions* 
of  this  article. 

YEAS. 

Messrs.  President,  Davis,    (Etowah), 

Almon,  Dent, 

Ashcraft,  deGraffenried, 

Barefield,  Duke, 

Bethune,  Eley, 

Blackwell,  Evster, 

Brooks,  Espy, 

Browne,  1-^1  etcher, 

Bulger,  Foster, 

Burnett,  Olover, 

Burns,  Graham  (Talladega), 

Carmichael  (Colbert),  Grant, 

Cobb,  Grayson, 

Cofer,  Greer  (Calhoun), 

Craig,  Haley, 

Cunningham.  Randley, 

Davis  (DeKalb),  Harrison, 


1466 


Journal  of  Alabama 


Heflin  (Chambers), 

Pearce, 

Heflin  (Randolph), 

IV^ttus, 

Henderson, 

Phillips, 

Hndjies, 

Pitts, 

Hood, 

Ivf^ese, 

Howell, 

Reynolds  (Henry), 

Howze, 

Rogers   (Lowndes), 

Inge, 

Rogers  (Sumter), 

Jones  (Bibb), 

Sam  ford, 

Jones  ( Montgomery ) , 

Sanders, 

Jones  (Wilcox), 

Searcy, 

Knight, 

Selheimer, 

Kyle, 

Sentell, 

Ledbetter, 

Smith,  Mac.  A  , 

Lowe  (Lawrence), 

Smith,  Morgan  M., 

Macdonald, 

Sorrell, 

McMillan  (Baldwin), 

Si)ears, 

McMillan  (Wilcox), 

Spragins, 

Malone, 

Stewart, 

Martin, 

Studdard, 

Maxwell, 

Tayloe, 

Merrill, 

Thompson, 

Miller  (Wilcox), 

Vaughan, 

]\  Foody, 

Waddell, 

Mnrphree, 

Walker, 

Norman, 

Watts, 

Norwood, 

Weakley, 

O'Neal  (Lauderdale), 

Williams  (Barbour), 

Opp, 

Williams  ( Marengo ) , 

O'Rear, 

Wilson  (Clarke), 

Palmer, 

AAHlson  ( Washington) , 

Parker  (Cullman), 

Winn— 99. 

Parker  (Elmore), 

NAYS. 


Messrs.  Banks, 
Bartlett, 
Beddow, 
'Byars, 


Chapman, 
Long  (Walker), 
Rpvnolds  (Chilton), 
Whiteside — 8. 


Constitutional  Convention.  1467 

pair  announced. 

The  following  pair  was  announced : 

Messrs.  Coleman  of  Greene  and  Sloan.  Mr.  Coleman 
of  Greene  would  vote  aye ;  and  Mr.  Sloan  would  vote  nay. 

Mr.  Reese  moved  to  take  from  the  table  the  amend- 
ment offered  by  Mr.  Watts  to  Section  17,  of  the  Article 
•on  Legislative  Department. 

The  motion  was  lost. 

REPORT  OP  SPE(!IAL  COMMITTEE. 

Mr.  Howze,  chairman  of  the  Committee  on  the  special 
committee,  submitted  the  following  report : 
Mr.  President : 

Your  committee  having  under  consideration  the  mat- 
ter of  recess,  pending  the  work  of  the  Committee  on 
Order,  Consistency  and  Harmony  of  the  Constitution, 
heg  leave  to  report  as  follows: 

Your  committee  recommend  that  the  Convention  take 
a  recess  until  Wednesday,  August  28th,  at  noon.  That 
the  delegates  and  pages  shall  not  draw  per  diem  during 
the  recess,  l>ut  the  delegates  shall  draw  mileage  in  lieu 
thereof. 

That  the  clerks  of  all  the  committees  except  the  Com- 
mittee on  Order,  Consistency  and  Harmon}^  of  the  Con- 
stitution, shall  be  dispensed  with. 

That  the  delegates  who  are  members  of  said  committee 
shall  be  entitled  to  their  per  diem  during  the  recess  of 
the  Convention,  but  not  mileage. 

John  B.  Knox. 
Edw.  deGraffenried, 
W.  T.  Sanders, 
Thos.  H.  Watts, 
A.  C.  HowzE, 

Committee. 

^\v.  Opp  moved  to  amend  by  striking  out  August  2Sth 
smd  inserting  in  lieu  thereof  the  words  September  2d. 
The  amendment  was  lost. 


1468  Journal  of  Alabama 

recommittal  of  ordinances. 

On  motion  of  Mr,  Heflin  of  Randolph  ordinance  44G 
was  recommitted  to  the  Committee  on  Schedule,  Print- 
ing and  Incidental  Expenses. 

Mr.  Howze  offered  the  following  amendment  to  the 
report,  which  was  adopted : 

That  the  door  keeper  and  assistants  shall  not  be  en- 
titled to  per  diem  during  the  recess. 

The  resolution,  as  amended,  was  adopted. 

REPORT  OF  THE  COMMITTEE  ON  SCHEDULE      PRINTING  ANI> 
INCIDENTAL  EXPENSES. 

Mr.  Heflin  of  Randolph,  chairman  of  the  Committee 
on  Schedule,  Printing  and  Incidental  Expenses,  reported 
favorably,  with  amendment,  ordinance  446. 

The  amendment  read  as  follows  : 

Strike  out  paragraphs  2,  3  and  4  and  insert  in  lieu 
thereof  the  following : 

This  Convention  accepts  the  proposition  of  Hon.  James 
E.  Cobb  to  make  and  superintend  the  indexing  of  the 
stenographic  reports  of  the  proceedings  of  this  Con- 
vention, and  to  that  end  does  hereb}^  ai)propriate  the 
sum  of  |100  for  such  services,  and  as  soon  as  the  Presi- 
dent of  this  Convention  certifies  to  the  Auditor  that  the 
work  is  completed,  he  shall  draw  his  warrant  on  the 
Treasurer  for  the  same  in  favor  of  said  Cobb;  and  the 
President  is  authorized  to  contract  with  some  reliable 
party  to  publish  said  index,  and  to  distribute  to  each 
member  of  this  Convention  as  many  as  five  copies  each, 
and  for  whatever  this  is  reasonably  worth,  the  Presi- 
dent of  this  Convention  shall  certify'  that  fact  to  the 
Auditor,  who  shall  draw  his  warrant  on  the  Treasurer 
for  such  sum,  not  to  exceed  |50. 

Mr.  Malone  moved  to  table  the  report. 

The  motion  was  lost. 

The  amendment  was  adopted. 

The  question  recurred  upon  the  adoption  of  the  ori- 
ginal ordinance  as  amended. 

The  ordinance  as  amended  was  adopted :  A'eas,  65; 
nays,  40.  [ 


Constitutional  Convention. 


1469 


YEAS. 


Messrs.  President, 

Ashcraft, 

Banks, 

Barefield, 

Beddow, 

Bethune, 

Blackwell, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Carmichael   (Colbert), 

Craig, 

Cunningham, 

Dent, 

deGraffenried, 

Duke, 

Ejster, 

Espy, 

Foster, 

Glover, 

Graham  (Montgomery), 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

.TarkPOD, 

Jones  (Montgomery), 


Jones  (Wilcox), 

Long  (Walker), 

Macdonald, 

McMillan  (Baldwin), 

Maxwell, 

Miller  (Wilcox), 

Murphree, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Pillans, 

Pitts, 

Proctor, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sorrell, 

Spears, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Williams  (Marengo) 

Wilson  ( Washington ) , 

Winn— 65. 


NAYS. 


Messrs.  Almon, 
Byars, 
Chapman, 
Cofer. 


Davis  (DeKalb), 
Davis  (Etowah), 
Eley, 
Fletcher, 


1470 


Journal  of  Alabama 


Foshee, 

Graham  ( Talladega ) , 

Grant, 

Hodges, 

Hood, 

Howze, 

Jenkins, 

Jones  (Bibb), 

Kyle, 

lA'dbetter, 

Lowe  (Jefferson), 

Lo v.e  ( La wrence ) , 

McMillan  (Wilcox), 

Malone, 

Martin, 

Merrill, 


-Moody, 

Norman, 

Opp, 

Parker   (Elmore), 

Porter, 

Peyuolds  (Chilton),. 

I  Reynolds  (Henry), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Spragins, 

Waddell, 

Walker, 

\AVakley, 

White, 

Whiteside, 

Williams  (Barbonr )— 40. 


PAIRS  ANNOUNCED. 

The  following  pair  was  announced : 

Messrs.  Coleman  of  Greene  and  Cobb.  Mr.  Coleman 
of  Green  would  vote  aye;  and  Mr.  Cobb  would  vote 
nay. 

]\rr.  Cunningham  offered  the  following  resolution, 
and  moved  that  the  rules  be  suspended  in  order  to  place 
the  resolution  upon  its  immediate  ])assage. 

The  motion  to  suspend  the  rules  was  lost,  and  the 
resolution  Avas  referred  to  the  Committee  on  Eules. 

IJesolution  319,  by  Mr.  Cunningham : 

Resolved,  That  when  the  Convention  reassembles  no 
amendment  to  any  article  of  tlie  Cxmstitution  shall  be 
considered,  except  by  two-thirds  of  those  voting,  unless 
such  amendment  shall  be  necessary  for  the  order,  con- 
sistency and  harmony  of  the  Constitution. 

QUESTION  OF  PERSONAL  PRIVILEGE. 

Mr.  ^furpln'ee  arose  to  a  (pu^stion  of  personal  ])rivi- 
lege,  and  i)roceeded  to  state  liij-'  epiestion  of  jtersonal 
])rivilege. 


Constitutional  Convention, 
adjournment. 


1471 


On  motion  of  Mr,  Cunningliam  the  Convention  re- 
cessed until  12  o'clock  m.  Wednesday,  the  28th  of 
Anffust. 


SEVKN^TY-SEVENTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Wednesday',  August  28,  1901. 
The  Convention  met  pursuant  to  adjournment. 
Praver  was  ottered  hv  Rev.  Mr.  Marshal  of  the  citv 


ROLL  CALL. 


On  a  call  of  the  roll  of  the  Convention  the  following, 
delegates  answered  to  their  names,  which  constituted  a. 


quorum : 

Messrs.  President,. 

Almon, 

Altman, 

Ashcraft, 

Banks, 

Barefield^ 

Rartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell,. 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardotty. 


Garmichael  (Colbert), 

Chapman, 

Cobb, 

Col eman  ( Walker ) , 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

'1 0^7  raff  enried,. 

Duke, 

Eley, 

Eyster, 

Espy, 

Foshec, 

Foster, 

Freeman,. 

(xilmore, 


1472 


Journal  of  Alabama 


Glover, 

Graham  ( Montgomery) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhonn), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 
Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kyle, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Martin, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Mnlkey, 

Mnrphree, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Landerdale), 


O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Peaix:-e, 

Petlus, 

Plllans, 

Porter, 

l^eese, 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

8a  in ford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sen  tell, 

Sloan, 

Smith  niobile). 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vauffhnn, 

Waddell, 

Walker, 

Watts, 

Weatherly, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Washington) 
Winn— 122. 


Constitutional  Convention.  1473 

leave  of  absence 

AVas  granted  to  Messrs.  Williams  of  Elmore,  Lo- 
max,  Proctor,  Ledbetter  for  to-day;  and  Jenkins,  Pitts, 
Almon  and  Maxwell  indefinitely. 

resolutions  on  first  reading. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Eesolution  320,  by  Mr.  Samford,  of  Pike: 

Ivcsolved,  That  a  commitee  of  live  be  appointed  to 
prepare  and  issue  an  address  to  the  people  of  the  State, 
setting  forth  the  advantages  of  the  new  Constitution. 

liesolved  further.  That  the  President  of  this  Conven- 
tion sliall  be  chairman  of  said  committee,  and  that  the 
other  live  shall  be  appointed  b}'  the  President. 

Eesolved  further,  That  when  said  address  is  prepared 
the  Secretary  of  this  Convention  shall  cause  to  be 
printed  50,000  copies  thereof  for  distribution. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Ivesolution  321,  by  Rules  Committee : 

Be  it  resolved  that  the  attestation  clause  to  the  Con- 
stitution to  be  adopted  by  this  Convention  be  as  fol- 
lows, viz. : 

"Done  by  the  people  of  Alabama,  through  their  dele- 
gates in  Convention  assembled  at  Montgomery,  Ala- 
bama, this  the day  of 1901,  as  here- 
by attested." 

The  resolution  was  adopted. 

Resolution  322,  by  Mr.  Long,  of  Walker : 

Whereas,  This  Convention  has  fixed  State  elections 
every  four  years,  commencing  in  1902,  and  whereas,  the 
Judges,  Sheriffs,  Probate  Judges,  Clerks,  Tax  Col- 
lectors and  County  Treasurers,  etc.,  terms  of  office  ex- 
pire in  1904; 

Therefore,  in  order  to  fix  all  offices  in  this  State  of 
equal  length  and  to  have  them  expire  at  the  same  time, 
and  in  the  year  in  which  the  regular  State  elections 
are  held; 

93 


1474  Journal  of  Alabama 

Therefore,  be  it  resolved,  That  the  Committee  on 
Order,  Consistency  and  Harmony  of  the  Whole  Consti- 
tution be  and  they  are  hereby  requested  to  report  an 
ordinance  or  amendments  extending  for  two  years  the 
terms  of  all  officers  whose  terms  of  office  expire  in  1904, 
or  some  other  method  so  as  to  fix  the  length  of  all  State 
and  County  offices  at  four  years  after  1906. 

The  resolution  was  referred  to  the  Committee  op 
Kules. 

RECESS. 

On  motion  of  Mr.  Harrison  the  Convention  recessed 
until  3  :30  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention,  the  following^ 
delegates  answered  to  their  names,  which  constituted  a 
quorum  : 


Messrs.  President, 

Burns, 

Almon, 

Liy  a  rs, 

Altman, 

Cardon, 

Ashcraft, 

Carmichael  (Colbert), 

Banks, 

Chapman, 

Barefield, 

Cobl), 

Bartlett, 

Coleman  (Walker), 

Beavers, 

Cornwell, 

Beddow, 

Craig, 

Bethune, 

Cnnninghani, 

Blackwell, 

Davis  ("DeKalb), 

Boone, 

Davis  (Etowah), 

Brooks, 

Dent, 

Browne, 

(loOrnlTenried,. 

Bulger, 

Dnke, 

Burnett, 

Eley, 

Constitutional  Convention. 


1475 


Ej^ster, 

Moody, 

Espy, 

Mulkey, 

Foshee, 

Murphree, 

Foster, 

Norman, 

Freeman, 

Norwood, 

Gilmore, 

Gates, 

Glover, 

O'Neal  (Lauderdale), 

Graham  (Montgomery), 

O'Neill  (Jefferson), 

Graham  (Talladega), 

Opp, 

Grant, 

O'Kear, 

Grayson, 

Palmer, 

Greer  (Calhoun), 

Parker  (Cullman), 

Greer  (Perry), 

Parker  (Elmore), 

Haley, 

Pearce, 

Handley, 

Pettus, 

Harrison, 

Pillans, 

Heflin  (Chambers), 

Porter, 

Heflin  (Randolph), 

Reese, 

Henderson, 

Reynolds  (Chilton), 

Hinson, 

Rogers   (Lowndes), 

Hodges, 

Rogers  (Sumter), 

Hood, 

Samford, 

Howell, 

Sanders, 

Howze, 

Sanford, 

Inge, 

Searcy, 

Jackson, 

Selheimer,, 

Jones  (Bibb), 

Sentell, 

Jones  (Hale), 

Sloan, 

Jones  (Montgomery), 

Smith  (Mobile), 

Jones  (Wilcox), 

Smith,  Mac.  A., 

Kyle, 

Smith,  Morgan  M. 

Long  (Butler), 

Sorrell, 

Long  (Walker), 

Spears, 

Lowe  (Lawrence), 

Spragins, 

Macdonald, 

Stewart, 

McMillan  (Baldwin), 

Studdard, 

McMillan  (Wilcox), 

Tayloe, 

Martin, 

Thompson, 

Merrill, 

Vaughan, 

Miller  (Marengo), 

Waddell, 

Miller  (Wilcox), 

Walker, 

1476  Journal  of  Alabama 

Watts,  Williams  (Barbour), 

Weatherly,  Williams  (Marengo), 

White,  Wilson  (Washington). 

Whiteside,  Winn— 122. 

REPORT   OF   THE   COMMITTEE   ON   RULES. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee, on  liules,  reported  favorably,  with  a  substitute, 
resolution  320. 

The  substitute  reads  as  follows: 

Resolved,  That  a  committee  composed  of  the  Presi- 
•dent  of  the  Convention  and  of  one  delegate  from  each 
Congressional  district  be  appointed  by  the  President 
to  prepare  and  issue  an  address  to  the  people  of  the 
State,  setting  forth  the  advantages  of  the  new  Consti- 
tution, and  that  the  President  of  the  Convention  be 
the  chairman  of  such  committee. 

Resolved  further,  That  when  such  address  is  pre- 
pared, the  Secretary  of  this  Convention  shall  cause  50,- 
000  copies  thereof  to  be  printed  for  distribution. 

The  substitute  was  adopted. 

On  motion  of  Mr.  Smith  of  .Mobile,  resolution  320, 
as  amended  by  the  substitute,  was  adopted. 

Mr.  Smith  of  Mobile,  acting  chairman  of  the  Rules 
Committee,  also  reported  favorably,  with  a  substitute, 
resolution  319. 

The  substitute  was  read  as  follows: 

Substitute  by  Rules  Committee  for  resolution  319 
by  Mr.  Cunningham  of  Jefferson : 

Resolved,  That  no  amendment  to  any  section  or  arti- 
cle of  the  Constitution  or  to  any  ordinance  shall  be  con- 
sidered or  adopted  except  by  a  two-thirds  vote,  unless 
such  amendment  be  necessary  for  the  order,  consistency 
and  harmony  of  the  Constitution. 

A  minority  report  signed  by  Messrs.  Heflin  of  Cham- 
bers and  O'Neal  of  Lauderdale,  to  the  report  of  the 
Rules  Committee,  was  read  at  length  as  follows: 

Resolved,  That  two  hours  be  allowed  for  amendments 
and  debate  on  each  article  of  the  Constitution,  and 
after  that  time  the  previous  question  shall  be  considered 


COxXSTITUTIONAL  CONVENTION.  1477 

as  ordered,  unless  a  majority  of  the  Convention  orders 
otherwise. 

Mr.  Samford  offered  the  following  amendment  to  the 
minority  report: 

Amend  minority  report  by  striking  out  two  hours, 
and  inserting  one  hour. 

Mr.  Heflin  of  Chambers  moved  to  table  the  resolu- 
tion, substitute,  minority  report  and  the  amendment 
offered  by  Mr.  Samford. 

The  motion  prevailed,  and  the  resolution  and  pend- 
ing amendments  were  laid  upon  the  table. 

Mr.  Smith  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  also  reported  adversely  resolution  316. 

ADJOURNMENT. 

On  motion  of  Mr.  White,  the  Convention  adjourned 
until  to-morrow  morning  at  9  o'clock. 


SEVENTY-EIGHTH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Thursday,  August  29,  1901. 
The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Marshall  of  the  city. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum : 

Messrs.  President,  Beddow, 

Altman,  Rethune, 

Ash  craft,  Rlnckwell, 

Banks.  Boone, 

Barefield,  Brooks, 

Bartlett,  Burnett. 


1478 


Journal  of  Alabama 


Byars, 

Cardon, 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Fletcher, 

Poshee, 

Foster, 

Freeman, 

Clover, 

Graham  ( Talladega ) . 

Grant, 

Grayson, 

Oreer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Hood. 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 


Kyle, 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Martin, 

Merrill, 

Miller  (Marengo), 

Miller  ( Wilcox  j, 

Moody, 

Mulkey, 

Murphree, 

Norman, 

Norwood, 

Opp, 

Palmer, 

Parker  (Cullman), 

Pearce, 

Phillips, 

Porter, 

Reese, 

Reynolds  (Henry), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Searcy, 

Selheimer, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Sr>ragins, 

Stewart, 

Studdard, 

Vnuiihan, 

Walker,  . 

Watts, 

Weatherly, 

White, 


Constitutional  Convention.  1479 

Whiteside,  Williams  (Marengo), 

Williams  (Barbour),     '       Winn, 

report  of  the  committee  on  the  journal. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the 
seventy-sixth  day  of  the  Convention,  and  that  the  same 
is  correct. 

Respectfully  submitted, 

John  F.  Proctor,  Chairman. 

privileges  of  the  floor. 

On  motion  of  Mr.  Barefleld  the  privileges  of  the  floor 
were  extended  to  Judge  John  C.  Anderson  of  Demo- 
polis. 

resolutions. 

The  following  resolution  was  introduced,  read  one 
time  at  length,  and  on  motion  of  Mr.  Carmichael  of  Col- 
bert the  rules  were  suspended  and  the  resolution  was 
■adopted  : 

Resolution  323,  by  Mr.  Carmichael,  of  Colbert : 
Resolved,  That  the  President  of  this  Convention  shall 
appoint  a  Committee  on  Enrollment  consisting  of  five 
members,  whose  duty  it  shall  be  to  appoint  an  expert 
penman  to  enroll  the  proposed  Constitution,  and  it 
shall  be  the  duty  of  said  committee  to  superintend  said 
enrollment. 

The  following  resolution  was  introduced,  read  one 
time  at  length,  and  referred  to  an  appropriate  com- 
mittee as  follows : 

Resolution  324,  by  Mr.  Reynolds,  of  Chilton: 
A  resolution  for  taking  steps  to  secure  a  fair  elec- 
tion on  the  submission  of  the  Constitution,  and  provid- 
ing for  a  contest  of  the  result. 


1480  Journal  of  Alabama 

Whereas,  the  main  purpose  of  those  who  favored  the 
holding  of  a  Constitiitioual  Convention  was  to  secure 
honest  and  fair  elections,  and  purify  the  ballot;  and 

Whereas,  the  fair  name  of  Alabama  would  be  forever 
stained  should  any  considerable  number  of  our  people 
be  of  opinion  a  Constitution  had  been  fraudulently  im- 
posed upon  them ;  therefore. 

Be  it  resolved.  That  the  Committee  on  Suffrage  and 
Elections  be  and  they  are  hereby  instructed  to  forth- 
with prepare  and  report  to  this  Convention  an  ordinance 
providing  that  the  county  officials  in  each  county  shall 
appoint  at  each  polling  place  in  their  respective  counties- 
at  the  election  held  on  the  ratification  of  the  Constitu- 
tion i)repared  by  this  Convention,  at  least  one  inspect- 
or and  one  clerk,  each  of  whom  shall  be  able  to  read 
and  write,  and  who  are  opposed  to  the  ratification  of 
the  Constitution,  if  any  there  be  in  such  precinct,  and 
also  providing  that  those  in  any  count}'  opposing  rati- 
fication ma}^  in  convention  or  by  petition  nominate  such 
inspector  and  clerk;  and  providing  that  the  failure  of 
any  official  to  comply  with  such  provision  shall  be 
guilty  of  a  misdemeanor. 

And  said  committee  are  further  instructed  to  pre- 
pare an  ordinance  and  report  the  same  forthwith,  pro- 
viding that  the  result  of  the  election  may  be  contested 
before  the  Supreme  Court  upon  the  petition  of  1,000 
citizens  upon  their  giving  security  for  costs  in  such 
sum  as  the  court  may  prescribe,  and  that  such  contest 
shall  be  made  and  evidence  taken  in  such  manner  as 
said  court  may  prescribe. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows: 

Ordinance  459,  by  Mr.  White : 

An  ordinance  to  appropriate  $143.75  for  the  payment 
of  C.  B.  Brown  and  the  Alabama  Printing  Co.  for  ser- 


Constitutional  Convention.  1481 

vices  performed  for  the  State  of  Alabama  for  the  use 
of  the  Constitutional  Convention. 

Section  1.  Be  it  ordained  by  the  people  of  Alabama 
in  Convention  assembled,  That  there  be  and  is  hereby 
appropriated  out  of  any  money  in  the  State  Treasury 
not  otherwise  appropriated,  the  sum  of  $14:3.75,  to  be 
paid  the  Alabama  Printing  Co.,  and  C.  B.  Brown  for 
services  performed  for  the  State  of  Alabama  for  use 
of  this  Convention  as  follows  : 

Sec.  2.  The  State  Auditor  is  hereby  directed  to  draw 
his  warrant  on  the  State  Treasurer  in  favor  of  C.  B. 
Brown  for  the  sum  of  |3i)  for  typewriting-  done  by  him 
for  the  Committee  on  Order,  Consistency  and  Harmony 
of  the  Whole  Constitution,  and  the  said  Auditor  is  also 
directed  to  draw  his  warrant  on  the  State  Treasurer  in 
favor  of  the  Alabama  Printing  Co.  for  the  sum  of  |113.75 
for  printing  300  copies  of  the  report  of  said  committee 
for  the 'use  of  this  Convention. 

The  ordinance  was  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 

APPOINTMENT  OF  COMMITTEE. 

Under  resolution  323  heretofore  adopted  the  Presi- 
dent appointed  the  following  committee:  ^lessrs.  Car- 
michael  of  Colbert,  Selheimer,  Pillans,  Foster,  Sam- 
ford. 

REPORT   OF   STANDING   COMMITTEES. 

Mr.  Heflin  of  Randolph,  chairman  of  the  Committee 
on  Schedule,  Printing  and  Incidental  Expenses,  re- 
ported favorably  tlie  following  ordinance,  which  was 
read  at  length  as  follows,  and  the  rules  were  suspended 
and  the  ordinance  was  adopted. 

Ordinance  415,  by  Mr.  Jones,  of  Montgomery: 

An  ordinance  for  the  relief  of  E.  L.  May. 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assembled.  That  the  sum  of  |25  be  and  the  same  is 
hereby  appropriated  to  pay  E.  L.  May  for  his  services 
as  clerk,  for  attending  the  meetings  of  the  Committee 


1482 


Journal  of  Alabama 


on  the  Executive  Department,  and  transcribing  the 
Article  on  the  Executive  Department  as  Anally  adopted 
and  rejxjrted  by  the  committee. 


YEAS. 


Messrs.  President, 
Altman, 
Ashcraft, 
Banks, 
Barefield, 
Bartlett, 
Beddow, 
Bethunc, 
Blackwell, 
Boone, 
Brooks, 
Burnett, 
Byars, 
Cardon, 

Carmichael  (Colbert), 
Carnathon, 
Case, 
Chapman, 
Cobb, 

Toleman  (Greene). 
Coleman  (Walker), 
Craig, 

Cunningham, 
Davis  (DeKalb), 
Davis  (Etowah), 
Dent, 

deOraffenried, 
Duke, 
Eley, 
Eyster, 
Ferguson, 
Fletcher, 
Foshee, 
Foster, 
Freeman, 
Glover, 


Graham  (Talladega), 

Grant, 

Grayson, 

(ji'eer  (Calhoun), 

Greer  (Perry), 

Haley, 

riandley, 

Harrison, 

Heflin  ( Chambers) , 

llefiin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howell, 

llowze, 

Inge, 

Jackson, 

•lones  (Bibb), 

•I ones  (Hale), 

Jones  ( Montgomery ) , 

Jones  (^Yilcox), 

Knight, 

Kyle, 

Lowe  (Lawrence), 

^lacdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

.^reiTill, 

Miller    (Marengo), 

Miller   (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

Xorman, 


Constitutional  Convention. 


1483 


Norwood, 

Oates, 

O'Neal  (Lauderdaje), 

Opp, 

O'Kear, 

Pearce, 

Pettiis, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Henry), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sanford, 

Searcv, 


Sentell, 

Smith,  Mac.  A., 

Smith,  Morgan  M. 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Tliompsou, 

Waddell, 

\A'allcer, 

Watts, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Winn— 106. 


SUBSTITUTE   FOR   RULE   53. 

On  motion  of  Mr.  White,  the  report  of  the  Committee 
on  Rules,  Avhich  was  heretofore  laid  upon  the  table, 
was  taken  from  the  table  for  adoption. 

The  report  of  the  Committee  on  Rules  was  read  at 
length  as  follows : 

Amendment  by  Rules  Committee :    . 

Amend  rule  53  so  as  to  read  as  follows : 

Rule  53.  The  Committee  on  Order,  Consistency  and 
Harmony  of  the  Constitution  shall  report  the  proposed 
Constitution  to  the  Convention,  or  any  part  or  parts 
thereof,  from  time  to  time  as  they  may  think  proper, 
and  the  Constitution  or  the  parts  thereof  so  reported, 
shall  be  read  and  acted  upon  article  by  article,  and 
submitted  to  a  vote  of  the  Convention ;  if  a  majority  of 
the  members  present  shall  vote  therefor  the  same  shall 
be  adopted;  but  if  amended  in  any  particular  it  shall  be 
re- referred  with  such  amendment  to  said  committee, 
who  shall  cause  the  article  or  articles  amended,  with 
such  amendments,  to  be  rewritten  and  report  the  same 
to  the  Convention  for  its  action.  When  the  Consti- 
tution shall  have  been  finally  adopted  by  the  Conven- 


1484  Journal  of  x\ladama 

tion,  it  shall  be  enrolled,  and  when  enrolled,  it  shall  be 
again  read,  and  attested  by  the  President  and  Secre- 
tary, and  each  delegate  of  the  Convention  shall  per- 
sonally sign  his  name  thereto.  The  signature  of  the 
majority  of  the  delegates  present,  or  a  majority  of  the 
Convention,  shall  constitute  a  sufficient  attestation. 

Mr.  Beddow  offered  the  following  substitute  for  the 
report  of  the  Committee  on  Kules : 

Kesolved,  That  the  Constitution  be  considered  arti- 
cle by  article,  instead  of  section  by  section;  that  when 
the  reading  of  an}'  article  is  completed  an}'  section 
thereof  will  be  open  to  amendment. 

The  substitute  offered  by  Mr.  Beddow  was  lost. 

The  question  recurred  upon  the  adoption  of  the  sub- 
stitute for  l\ule  53,  ott'ered  by  the  Committee  on  Kules. 

The  substitute  for  rule  53  was  adopted. 

The  question  recurred  upon  the  adoption  of  rule  53 
as  amended  by  the  substitute. 

Eule  53,  as  amended,  was  adopted. 

RErORT   OF   THE   COMMITTEE   ON   ORDER,   CONSISTENCY   ANI> 
HARMONY   OF   THE   WHOLE  CONSTITUTION. 

The  report  of  the  Committee  on  Order,  Consistency 
and  Harmony  of  the  Whole  Constitution  was  taken  up. 

On  motion  of  Mr.  AVhite  the  reading  of  the  report 
Avas  dispensed  with,  and  the  report  was  ordered  con- 
sidered article  by  article. 

The  report  of  the  Committee  on  Order,  Consistency 
and  Harmony  of  tlie  Whole  Constitution  was  read  at 
length  as  follows : 

THE    RKPORT   OF   THE   COMMITTEE   ON    THE   ORDER,    CONSIS- 
TENCY  AND   HARMONY   OF   THE   CONSTITUTION. 

Mr.  President: 

The  Committee  on  Order,  Consistency  and  Harmony 
of  the  Constitution,  to  wliom  were  referred  the  several 
articles  of  whicli  the  proposed  Constitution  is  to  con- 
sist, and   also  certain   ordinances  and   resolutions  not 


Constitutional  Convention.  1485 

proposed  to  be  incorporated  in  the  Constitution,  liave 
requested  me  to  make  the  following  report : 

We  have  carefully  considered  all  of  the  articles,  ordi- 
nances and  resolutions  submitted  to  us,  and  have  made 
no  changes  in  substance  except  such  as  were  rendered 
necessary  by  the  provisions  of  the  articles  referred  to 
us,  to  ^^'llich  changes  your  attention  will  be  specifically 
called  further  on  in  this  report.  We  have  made  a  num- 
ber of  changes  in  transj)osition  of  clauses,  omission  of 
unnecessary  or  redundant  clauses,  and  in  phraseology, 
verbiage,  punctuation  and  capitalization,  to  which  we 
■deem  it  uunecessar}'  to  call  your  special  attention.  We 
have  preserved  the  article  arrangement  as  in  the  -pres- 
ent Constitution,  but  have  changed  the  section  num- 
bers, so  that  the  proposed  Constitution  is  numbered  as 
a  whole,  without  reference  to  articles,  beginning  with 
-Section  1  and  ending  with  Section  285;  such  change, 
in  our  opinion,  will  greatly  simplify  and  facilitate  refer- 
ence thereto. 

We  respectfully  recommend  to  the  Convention  the 
adoption  of  the  following  provisions  to  be  incorporated 
in  the  Article  on  Corporations : 

1.  No  city  or  town  having  a  population  of  more  than 
6,000  shall  have  authority  to  grant  to  any  person,  firm, 
corporation  or  association,  the  right  to  use  its  streets, 
avenues,  alleys  or  public  places  for  the  construction  or 
operation  of  water  works,  gas  works,  telephone  or  tele- 
graph lines,  electric  light  or  power  plants,  steam  or 
other  heating  plants,  street  railroads,  or  any  other  pub- 
lic utility,  except  railroads  other  than  street  railroads, 
for  a  longer  period  than  thirty  years. 

2.  Foreign  corporations  doing  business  in  this  State 
may  be  sued  by  resident  citizens  of  this  State,  in  any 
county  where  such  corporations  do  business,  whether 
the  cause  of  action  arose  in  this  State  or  beyond  the 
limits  thereof. 

We  further  recommend  the  adoption  of  an  ordinance 
providing  for  the  registration  of  electors  who  are  to 
vote  at  the  election  to  be  held  for  the  ratification  of 
the  proposed  Constitution ;  also  the  adoption  of  an  ordi- 
nance making  subject  to  repeal,  alteration  or  amend- 


1486  Journal  of  Alabama 

meut  1)3'  the  Legislature  all  ordiuauces  adopted  by  the 
Convention  which  are  not  included  in  the  proposed  Con- 
stitution, except  the  ordinance  relating  to  the  refund- 
ing of  tlie  bonded  indebtedness  of  the  State.  The  two 
ordinances  referred  to  will  be  submitted  to  the  Conven- 
tion for  its  consideration. 

Ordinance  No.  414,  relating  to  the  succession  of  the 
present  Governor,  is  in  proper  form;  no  changes  have 
been  made  therein,  and  we  report  it  back  with  the 
recommendation  that  it  be  enrolled  and  signed. 

Ordinance  No.  410,  relating  to  the  exclusion  of  per- 
sons from  the  court  house  during  the  trial  of  certain 
cases,  has  been  incorporated  in  the  Article  on  the  Judi- 
ciary. 

Ordinance  Xo.  390,  relating  to  the  estaljlishment  of 
court  houses  in  the  counties  of  St.  Clair  and  Shelby, 
has  been  amended  in  accordance  with  the  provisions 
of  ordinance  No.  449,  and  we  recommend  that  the  same 
as  amended  be  enrolled  and  signed.  All  articles,  ordi- 
nances and  resolutions  which  were  referred  to  the  com- 
mittee are  herewith  returned. 

In  order  that  the  Convention  might  not  be  compelled 
to  v.ait  for  several  days  after  reassembling  the  commit- 
tee have  had  the  report  and  the  proposed  Constitution 
printed,  and  respectfully  ask  that  their  action  in  this 
particular  be  ratified. 

The  attention  of  the  Convention  is  respectfully  called 
to  the  following  list  of  changes,  which  embraces  all  the 
material  alterations  made  by  this  committee. 

DECLARATION  OF  RIGHTS. 

1.  The  words  ^'Preamble  and"  have  been  dropped 
from  the  title  of  this  article. 

2.  Section  36  of  the  engrossed  article  has  been  trans- 
ferred to  the  article  on  distribution  of  powers  of  gov- 
ernment, as  appears  in  Section  43  of  the  Constitution 
herewith  reported. 


Constitutional  Convention.  148T 

STATE  and  county   BOUNDARIES. 

1.  No  cliauges  have  been  made  in  the  engrossed  arti- 
cle. 

DISTRIBUTION    OF    POWERS    OF    GOVERNMENT. 

1.  No  ordinances  were  referred  to  the  committee  re- 
lating to  this  subject;  but  Article  III  of  the  Constitu- 
tion of  1875,  without  change,  except  the  incorporation 
therein  of  Section  36  of  the  engrossed  article  on  Decla- 
ration of  Rights,  has  been  adopted  by  the  committee  as 
Article  III  of  the  proposed  Constitution. 

EXECUTIVE    DEPARTMENT. 

1.  Throughout  this  article  the  order  of  arrange- 
ment of  the  officers  of  the  Executive  Department  is 
changed  so  as  to  correspond  with  the  order  of  their 
succession  to  the  office  of  Governor. 

2.  Section  5  is  changed  so  as  to  provide  that  the  exe- 
cutive officers  named  therein  shall  hold  their  respective 
offices-  for  four  years  from  the  first  Monday  after  the- 
second  Tuesday'  in  Januaiy  next  succeeding  their  elec- 
tion. 

3.  The  provision  in  Section  0  relating  to  the  Lieu- 
tenant Governor's  duties  as  President  of  the  Senate  has^ 
been  stricken  out,  because  the  same  provision  is  con- 
tained in  the  Article  on  the  Legislative  Department. 

4.  The  last  sentence  of  Section  7  has  been  rewritten 
so  as  to  prevent  the  possible  construction  that  the  Gov- 
ernor is  to  receive  no  salary  while  the  Lieutenant  Gov- 
ernor is  temporarily  acting  Governor. 

5.  Section  16  was  changed  so  as  to  provide  that  if 
both  the  Governor  and  Lieutenant  Governor  should  die, 
resign  or  be  removed  from  office,  more  than  sixty  days 
prior  to  the  next  general  election  for  any  State  officers, 
successors  to  both  such  officers  shall  be  elected  at  said 
election. 

6.  Section  17  was  rewritten  so  as  to  read  as  it  ap- 
pears in  Section  128  of  the  Constitution  herewith  re- 
ported. 


1488  Journal  of  Alabama 

legislative  department, 

1.  Section  3  of  the  engrossed  article  has  been  re- 
written and  is  made  Section  46  of  the  Constitution 
herewith  reported.  It  was  necessary  to  recast  this 
section  because  of  the  provisions  requiring  quadrennial 
elections,  and  the  election  of  all  Senators  at  the  same 
time. 

2.  Section  5  of  the  engrossed  article  has  been  so 
written  as  to  fix  the  time  for  the  meeting  of  the  Legis- 
lature on  the  first  Tuesday  after  the  second  Monday  in 
Januar3\  This  alteration  was  made  necessary  by  the 
change  of  the  time  of  elections  from  August  to  Novem- 
ber. 

3.  Section  62  has  been  included  in  Section  5  as  a 
part  thereof. 

4.  Section  52  has  been  added  to  Section  32  of  the 
Article  on  Judicial  Department. 

5.  Section  61  is  stricken  out,  a  similar  provision 
being  contained  in  the  Article  on  the  Oath  of  Ofi&ce. 

LOCAL  LEGISLATION. 

1.  The  entire  engrossed  article  has  been  transferred 
to  the  Article  on  the  Legislative  Department. 

2.  Section  17  was  rewritten  so  as  to  make  clear  the 
requirement  that  a  vote  of  the  people  in  favor  of  the 
issuance  of  municipal  bonds  shall  precede  the  passage 
of  a  local  or  special  act  authorizing  such  issue. 

3.  Section  18  was  so  changed  as  to  allow  the  passage 
of  special  acts  permitting  cities  and  towns  to  alter  and 
rearrange  the  boundaries  thereof. 

JUDICIAL   DEPARTMENT. 

1.  In  Section  1  the  words  "according  to  tlie  next 
preceding  Federal  census"  were  inserted  in  line  seven 
after  the  words  "twenty  thousand." 

2.  In  Section  19  the  words  "Justices  of  tl»e  Sup- 
reme Court"  were  inserted  l)efoi'e  the  word  "judges" 
in  line  one,  and  the  words  "for  any  State  oflRcer"  after 
"election"  in  line  three. 


Constitutional  Convention.  1489 

3.  Section  20  was  clianged  so  as  to  provide  that 
when  a  new  circuit  or  chancery  division  is  created,  a 
judge  or  chancellor  therefor  shall  be  elected  at  the 
next  general  election  for  any  State  office,  instead  of  at 
the  next  election  for  Kepresentatives  to  the  Legisla- 
ture. 

4.  In  Section  21  the  words  "any  part  of"  were  in- 
serted  after  the  word  "having"  in  line  two,  and  the 
Avords  "of  general  jurisdiction"  after  the  word  "court" 
Avhere  it  appears  the  second  time  in  line  two.  In  the 
same  section  the  AVords  "such  incompetent  chancellor 
or  judge  could  have  rendered"  were  inserted  in  the 
place  of  the  Avords  "a  chancellor  or  a  judge  of  the  Cir- 
cuit Court,  or  of  a  court  having  the  jurisdiction  of  a 
Circuit  or  Chancery  Court  or  either,  sitting  as  a  court 
might  do  in  such  case." 

5.  Section  28  Avas  changed  so  as  to  require  that  at 
an  election  for  the  Circuit  Solicitors  only  those  counties 
in  the  circuit  in  Avliich  the  Solicitors  prosecute  crimi- 
nal cases  can  participate  in  the  election. 

6.  Section  32  aa  as  transferred  to  the  Article  on  the 
LegislatiA^e  Department,  and  constitutes  the  last  sen- 
tence of  Section  95  of  the  Constitution  herewith  re- 
ported. 

IMPEACHMENTS. 


iirl^ 


1.  To  Section  2  was  added  the  following  provision : 
The  Legislature  may  provide  for  the  impeachment  or 
removal  of  other  officers  than  those  named  in  this  arti- 
cle." 

SUFFRAGE  AND  ELECTIONS. 

1.  In  Section  1  the  word  "adoption"  was  changed 
to  "ratification."  In  the  same  section  the  provision  re- 
lating to  foreigners  who  have  declared  their  intention 
to  become  citizens  of  the  United  States  was  changed 
so  as  to  read  as  follows :  "Provided,  that  all  foreigners 
who  haA'e  legally  declared  their  intention  to  become 
citizens  of  the  United  States  shall,  if  they  fail  to  become 
citizens  thereof  at  the  time  they  are  entitled  to  become 

94 


1490  Journal  of  Alabama 

such,  cease  to  have  the  right  to  vote  until  they  become 
such  citizens." 

2.  In  Section  4  the  proviso  relating  to  persons  of  for- 
eign birth  was  stricken  out,  and  the  following  inserted 
in  lieu  thereof:  After  the  words  ''United  States"  in 
line  three:  "except  those  who  having  had  an  oppor- 
tunity to  perfect  their  citizenship  prior  to  tlie  20th  day 
of  December,  1902,  has  failed  so  to  do." 

3.  In  subdivision  1  of  Section  5  the  words  "unless 
prevented  by  physical  disability,"  in  line  one  were 
stricken  out,  and  the  proviso  at  the  end  changed  so  as 
to  read:  "Provided,  that  inability  to  read  and  write 
shall  not  disqualify  any  elector  if  such  disability  is  due 
to  physical  infirmity." 

4.  In  subdivision  2  of  Section  10  in  line  26,  the  words 
"one  thousand"  were  stricken  out,  and  "nine  hundred'^ 
inserted  in  lieu  thereof;  and  in  line  33  the  figures  "900"^ 
were  stricken  out  and  the  words  "one  thousand"  in- 
serted in  lieu  thereof. 

5.  In  subdivision  8  of  Section  10  the  word  "person" 
was  substituted  for  "elector"  in  lines  1,  2  and  3 ;  and  a 
penalty  clause  was  added  for  the  offenses  mentioned 
therein,  as  appears  in  subdivision  8  of  Section  186  of 
the  Constitution  herewith  reported. 

6.  In  Section  12  a  penalty  clause  was  added  for  the 
offense  mentioned  therein,  as  appears  in  Section  188 
of  the  Constitution  herewith  reported. 

7.  Section  19  was  made  a  part  of  Section  18,  as  ap- 
pears in  Section  194  of  the  Constitution  herewith  I'e- 
ported. 

8.  To  Section  20  a  penalty  clause  was  added,  as  ap- 
pears in  Section  195  of  the  Constitution  herewith  re- 
ported. 

REPRESENTATION. 

1.  No  nuiterial  change  was  made  in  the  engrossed 
article. 

TAXATION. 

1.  In  line  6  of  Section  2,  after  the  word  "for"  the 
words  "shall  be  absolutely  void"  were  inserted. 


Constitutional  Coxvextion.  1491 

2.  The  sectiou  relating  to  inuiiicipal  taxation  in  the 
Article  on  Municipal  Corporations  was  takeii  from  said 
article  and  inserted  as  a  section  of  this  article,  as  will 
appear  in  Section  216  of  the  Constitution  herewith  re- 
ported. 

3.  Section  8  was  added  to  by  the  committee,  and  as 
changed  was  transferred  to  the  Article  on  Municipal 
Corporations,  as  will  appear  in  Section  224  of  the  Con- 
stitution herewith  reported. 

4.  Section  0  was  transferred  to  the  Article  on  Muni- 
cipal Corporations,  as  will  appear  in  Section  225  of  the 
Constitution  herewith  reported. 

corporations. 

1.  No  material  changes  were  made  in  the  engrossed 
Article  on  Corporations. 

2.  The  Article  on  Municipal  Corporations  was  made 
a  subdivision  of  this  article. 

MUNICIPAL    CORPORATIONS. 

1.  The  first  part  of  Section  3  was  rewritten,  as  will 
appear  in  Section  222  of  the  Constitution  herewith  re- 
ported. 

2.  Section  5  was  rewritten,  and  as  rewritten  was 
transferred  to  the  Article  on  Taxation,  as  will  appear 
in  Section  216  of  the  Constitution  herewith  reported. 

BANKS  AND  BANKING. 

1.  No  material  change  was  made  in  the  engrossed 
article. 

EDUCATION. 

1.  The  word  "school"  before  the  word  "children'^ 
was  stricken  out  in  line  four  of  Section  1. 

2.  Section  9  was  divided  into  two  sections,  that  part 
relating  to  the  University,  numbered  263,  and  that  re- 


1492  JouuxAL  OF  Alabama 

lating  to  the  Alabama  Poljteclmic  Institute  numbered 
265,  in  the  Constitution  herewitli  reported. 

3.  Changes  were  made  in  the  terms  of  office  of  the 
Trustees  of  eaeli  of  these  institutions,  as  will  appear  in 
the  two  sections  above  referred  to. 

4.  To  Section  12  a  proviso  was  added  authorizing 
a  one  mill  tax  upon  the  propei-tv  in  the  sei)arate  school 
district  of  Tuskaloosa,  for  school  purposes. 

EXEMPTIONS. 

1.  No  material  change  was  made  in  the  engrossed 
article. 

MILITIA. 

1.  No  material  change  was  made  in  the  engrossed 
article. 

OATH   OF   OFFICE. 

1.  This  article  was  eopied  from  the  Constitution  of 
1875/  and  was  made  a  separate  article  in  the  Consti- 
tution herewith  reported. 

MISCELLANEOUS  PROVISIONS. 

1.  No  material  change  was  made  in  the  engrossed 
article. 

MODE   OF   AMENDING  THE   CONSTITUTION. 

1.  No  material  change  w^as  made  in  the  engrossed 
article. 

SCHEDULE. 

1.  Section  6  was  stricken  out,  the  matter  therein 
provided  for  having  been  incorporated  in  the  Article 
on  Education,  as  appears  from  Section  263  of  the  Con- 
stitution herewith  reported. 

Kespectfully  submitted, 

Frank  S.  White^  Chairman. 


Constitutional  Convention.  1493 

Under  the  motion  of  Mr.  AMiite,  heretofore  adopted, 
the  further  report  of  the  Committee  was  read  article 
by  article  as  follows : 

Constitution  of  the  State  of  Alabama,  1901. 

We,  the  people  of -the  State  of  Alabama,  in  order  to 
establish  justice,  insure  domestic  tranquillity,  and  se- 
cure tlie  blessings  of  liberty  to  ourselves  and  our  pos- 
terity, invoking-  the  favor  and  guidance  of  Almighty 
God,  do  ordain  and  establish  the  following  Constitu- 
tion and  Form  of  Government  for  the  State  of  Ala- 
bama : 

Mv.  Hood  offered  the  following  amendment  to  the 
Preamble,  which  was  adopted: 

Amend  Preamble  so  as  to  spell  tlie  word  "tranquil- 
lity" with  two  IPs. 

The  Preamble,  as  amended  by  the  amendment  of  Mr. 
Hood,  was  adoi)ted. 

ARTICLE  I. 

declaration  of  RKillTS. 

Was  read  at  length  as  follows : 
ARTICLE  I. 

DECLARATION  OF  RIGHTS. 

That  the  great,  general  and  essential  principles  of 
liberty  and  free  government  may  be  recognized  and  es- 
tablished, we  declare : 

1.  That  all  men  are  equally  free  and  independ- 
ent; that  they  are  endowed  by  their  Creator  with  cer- 
tan  inalienable  rights;  that  among  these  are  life,  lib- 
erty and  the  pursuit  of  happiness. 

2.  That  all  political  power  is  inherent  in  the  people, 
and  all  free  governments  are  founded  on  their  authority, 
and  instituted  for  their  benefit;  and  that,  therefore, 
they  have  at  all  times  an  inalienable  and  indefeasible 
right  to  change  their  form  of  government  in  such  man- 
ner as  they  may  deem  expedient. 


1494  Journal  of  Alabama 

3.  That  no  religion  shall  be  established  by  law;  that 
no  preference  shall  be  given  by  law  to  any  religious  sect, 
society,  denomination  or  mode  of  worship;  that  no  one 
shall  be  compelled  by  law  to  attend  any  place  of  wor- 
ship; nor  pay  any  tithes,  taxes  or  other  rate  for  the 
building  or  repairing  an}^  place  of  worship,  or  for  main- 
taining any  minister  or  ministry;  that  no  religious  test 
shall  be  required  as  a  qualification  to  any  office  or  pub- 
lic trust  under  this  State;  and  that  the  civil  rights, 
privileges  and  capacities  of  any  citizen  shall  not  be  in 
any  manner  affected  by  his  religious  princij)les. 

4.  That  no  law  shall  ever  be  passed  to  curtail  or  re- 
strain the  liberty  of  speech  or  of  the  press;  and  any 
person  may  speak,  write  and  publish  his  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  that  lib- 
erty. 

5.  That  the  people  shall  be  secure  in  their  persons, 
houses,  papers  and  possessions  from  unreasonable  seiz- 
ure or  searches,  and  tlmt  no  warrants  shall  issue  to 
search  any  place  or  to  seize  any.  person  or  thing  without 
probable  cause,  supported  by  oath  or  affirmation. 

6.  That  in  all  criminal  prov?ecutions,  tlie  accused  has 
a  right  to  be  heard  by  himself  and  counsel  or  either;  to 
demand  the  nature  and  cause  of  the  accusation ;  to  have 
a  copy  tliereof;  to  be  confronted  by  the  witnesses 
against  him;  to  Imve  compulsory  process  for  obtaining 
witnesses  in  his  favor;  to  testif}^  in  all  cases,  in  his  own 
behalf,  if  lie  elects  so  to  do;  and,  in  all  prosecutions  by 
indictment,  a  speedy,  public  trial,  by  an  impartial  jury 
of  the  county  or  district  in  which  the  offense  was  com- 
mitted; and  he  shall  not  be  compelled  to  give  evidence 
against  himself,  nor  be  deprived  of  life,  liberty  or 
property  except  by  due  process  of  law;  but  the  Legis- 
lature may,  by  a  general  law,  provide  for  a  change  of 
venue  at  the  instance  of  the  defeudnut  in  all 
prosecutions  by  indictment,  and  that  such  a 
■change  of  venule  ou  application  of  defendant, 
may  be  heard  and  determiued  without  the 
personal  presence  of  the  defendant  so  applving  there- 
for; provided  that  at  the  time  of  the  application  for  the 
change  of  venue  the  defendant  is  imprisoned  in  jail  or 
some  legal  place  of  confinement. 


COXSTITUTIOXAL  CONVENTION.  1495 

7.  That  no  person  shall  be  accused  or  arrested,  or 
detained  except  in  cases  ascertained  by  law,  and  accord- 
ing to  the  foriii  which  the  same  has  prescribed;  and  no 
person  shall  be  punished  but  by  virtue  of  a  law  estab- 
lished and  promulgated  prior  to  the  offense  and  legally 
applied. 

8.  That  no  i)erson  shall,  for  any  indictable  offense, 
be  proceeded  against  criminally,  by  information,  except 
in  cases  arising  in  the  militia  and  volunteer  forces  when 
in  actual  service,  or  when  assembled  under  arms  as  a 
militarj'  organization,  or  by  leave  of  the  court,  for  mis- 
feasance, misdemeanor,  extortion  and  oppression  in  oflflce 
otherwise  than  is  provided  in  this  Constitution ;  provided 
that  in  cases  of  misdemeanor,  the  Legislature 
may,  by  law,  dispense  with  a  Grand  Jurj',  and  author- 
ize such  i^rosecutions  and  proceedings  before  Justices 
of  the  Peace  or  such  other  inferior  courts  as  ma}-  be  by 
law  established. 

9.  That  no  person  shall,  for  the  same  offense,  be 
twice  put  in  jeopardy  of  life  or  limb;  but  courts  may, 
for  reasons  fixed  by  law,  discharge  juries  from  the  con- 
sideration of  any  case,  and  no  person  shall  gain  any  ad- 
vantage b}'  reason  of  such  discharge  of  the  jury. 

10.  That  no  i>erson  shall  be  barred  from  prosecuting 
or.  defending  before  any  tribunal  in  this  State,  by  him- 
self or  counsel,  any  civil  cause  to  which  he  is  a  part3\ 

11.  That  the  right  of  trial  by  jury  shall  remain  in- 
violate. 

12.  That  in  all  prosecutions  for  libel  or  for  the  publi- 
cation of  papers  investigating  the  official  conduct  of 
officers  or  nu^n  in  public  capacity,  or  wlien  the  matter 
published  is  proper  for  public  information,  the  truth 
thereof  may  be  given  in  evidence;  and  that  in  all  indict- 
ments for  libel,  the  jury  shall  have  the  right  to  deter- 
mine the  law  and  the  facts  under  the  direction  of  the 
court. 

13.  That  all  courts  shall  be  open ;  and  that  every  per- 
son, for  any  injury  done  him,  in  his  lands,  goods,  person 
or  reputation,  shall  have  a  remedy  by  due  process  of  law ; 
and  right  and  justice  shall  be  administered  without 
sale,  denial  or  delay. 


1496  Journal  of  Alabama 

14.  That  the  State  of  Alabama  shall  never  be  made 
a  defendant  in  any  court  of  law  or  equity. 

15.  That  excessive  fines  shall  not  be  imposed,  nor 
cruel  or  unusual  punishments  inflicted. 

16.  That  all  persons  shall,  before  conviction,  be 
bailable  by  sufficient  sureties,  except  for  capital  offenses, 
when  the  proof  is  evident  or  the  presumption  great ;  and 
that  excessive  bail  shall  not  in  any  case  be  required. 

17.  That  the  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended  by  the  authorities  of  this  State. 

18.  That  treason  against  the  State  shall  consist 
only  in  levying  war  against  it,  or  adhering  to  its  ene- 
mies, giving  them  aid  and  comfort;  and  that  no  person 
shall  be  convicted  of  treason,  except  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  his  own  con- 
fession in  open  court. 

19.  That  no  person  shall  be  attainted  of  treason  by 
the  Legislature ;  and  that  no  conviction  shall  work 
corruption  of  blood  or  forfeiture  of  estate. 

20.  That  no  person  shall  be  imprisoned  for  debt. 

21.  That  no  power  of  suspending  laws  shall  be  exer- 
cised except  b}'  the  Legislature. 

22.  That  no  ex  post  facto  law,  or  any  law,  impairing 
the  obligation  of  contracts,  or  making  an}^  irrevocable 
or  exclusive  grants  of  special  privileges  or  immunities, 
shall  be  passed  by  the  Legislature;  and  every 
grant  of  a  franchise,  privilege  or  immunity",  shall  for- 
ever remain  subject  to  revocation,  alteration  or  amend- 
ment. 

23.  That  the  exercise  of  the  right  of  eminent  domain 
shall  never  be  abriged  nor  so  construed  as  to  prevent  the 
Legislature  from  taking  the  property  and  francliises  of 
incorporated  companies  and  subjecting  them  to  public 
use  in  the  saiiu'  manner  in  which  the  property  and  fran- 
chises of  individuals  are  taken  and  subjected,  but  ]»rivate 
property  shall  not  be  taken  for  or  ap])lied  to  public  use 
unless  just  compensation  be  first  made  therefor ; nor  shall 
private  ]!i(»]tertv  be  tak«'n  for  private  use  or  for  the  use  of 
corporations,  other  than  municipal,  without  the  consent 
of  the  owner;  provided,  however,  tliat  the  Legis- 
lature may  by   law  secure  to  persons  or  corporations 


Constitutional  Convention.  1497 

the  right  of  way  over  the  lands  of  other  persons  or  cor- 
porations, and  by  general  laws  provide  for  and  regulate 
the  exercise  by  persons  and  corporations  of  the  right 
herein  reserved;  but  just  compensation  shall,  in  all 
cases,  be  first  made  to  the  owner;  and,  provided  that  the 
rght  of  eminent  domain  shall  not  be  so  construed  as  to 
allow  taxation  or  forced  subscription  for  the  benefit  of 
railroads  or  any  other  kind  of  corporations,  other  than 
municipal,  or  for  the  benefit  of  any  individual  or  asso- 
ciation. 

24.  That  all  navigable  waters  shall  remain  forever 
public  highways,  free  to  the  citizens  of  the  State  and  the 
United  States,  without  tax,  impost  or  toll ;  and  that  no 
tax,  toll,  impost  of  wharfage  shall  be  demanded  or  re- 
ceived from  the  owner  of  any  merchandise  or  commodity 
for  the  use  of  the  shores  or  any  wharf  erected  on  the 
shores,  or  in  or  over  the  waters,  of  any  navigable  stream, 
unless  the  same  be  expressly  authorized  by  law. 

25.  That  the  citizens  have  a  right,  in  a  peaceable 
manner,  to  assemble  together  for  the  common  good,  and 
to  apply  to  those  invested  with  the  power  of  govern- 
ment for  redress  of  grievances  or  other  purposes,  by  pe- 
tition, address  or  remonstrance. 

26.  That  every  citizen  has  a  right  to  bear  arms  in 
defense  of  himself  and  the  State. 

27.  That  no  standing  army  shall  be  kept  up  with- 
out the  consent  of  the  Legislature,  and,  in  that  case,  no 
appropriation  for  its  support  shall  be  made  for  a  longer 
term  than  one  3'ear;  and  the  military  shall,  in  all  cases, 
and  at  all  times,  be  in  strict  subordination  to  the  civil 
power. 

28.  That  no  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  owner; 
nor,  in  time  of  war,  but  in  a  manner  to  be  prescribed 
by  law. 

29.  That  no  title  of  nobility  or  hereditary  distinction, 
privilege,  honor  or  emolument  shall  ever  be  granted  or 
conferred  in  this  State;  and  that  no  office  shall  be- 
created,  the  a})p<)intment  to  which  shall  be  for  a  longer- 
time  than  during  good  behavior. 


1498  Journal  of  Alabama 

30.  That  immigration  shall  be  encouraged;  emigra- 
tion shall  not  be  prohibited,  and  no  citizen  shall  be 
exiled. 

31.  That  temporary  absence  from  the  State  shall  not 
cause  a  forfeiture  of  residence  once  obtained. 

32.  That  no  form  of  slavery  shall  exist  in  this  State; 
and  there  shall  not  be  any  involuntary  servitude,  other- 
wise than  for  the  punishment  of  crime,  of  which  the 
party  shall  have  been  duly  convicted. 

33.  The  privilege  of  suffrage  shall  be  protected  by 
laws  regulating  elections,  and  prohibiting,  under  ade- 
quate penalties,  all  undue  influences  from  power,  brib- 
ery, tumult  or  other  improper  conduct. 

34.  Foreigners  who  are,  or  who  may  hereafter  become 
bona  fide  residents  of  this  State,  shall  enjoy  the  same 
rights  in  respect  to  the  possession,  enjoyment  and  inheri- 
tance of  property,  as  native  born  citizens. 

35.  That  the  sole  object  and  only  legitimate  end  of 
government  is  to  protect  the  citizen  in  the  enjoyment 
of  life,  liberty  and  property,  and  when  the  government 
assumes  other  functions,  it  is  usurpation  and  oppres- 
sion. 

36.  That  this  enumeration  of  certain  rights  shall  not 
impair  or  deny  others  retained  by  the  people;  and,  to 
guard  against  any  encroachments  on  the  rights  herein 
retained,  we  declare  that  everything  in  this  Declaration 
of  Rights  is  excepted  out  of  the  general  powers  of  gov- 
ernment, and  shall  forever  remain  inviolate. 

Mr.  Eyster  offered  the  following  amendment  to  Sec- 
tions 33  and  34,  which  was  read  at  length  as  follows : 

Commence  Sections  33  and  34  with  the  word  "that." 

On  motion  of  Mr.  Boone  the  amendment  offered  by 
Mr.  Eyster  was  laid  upon  the  table. 

On  motion  Article  I  was  adopted. 

RECONSIDERATION. 

Mr.  Cobb  moved  to  reconsider  the  vote  by  which 
Article  I  was  adopted,  which  motion  went  over  until 
to-morrow. 


Constitutional  Convention.  1499 

ARTICLE  II. 
state  and  county  boundaries. 
Was  read  at  length  as  follows : 
ARTICLE  II. 

STATE    AND    COUNTY    BOUNDARIES. 

37.  The  boundaries  of  this  State  are  estab- 
lished and  declared  to  be  as  follows,  that  is  to  say : 

Beginning  at  the  point  where  the  31st  degree  of  north 
latitude  crosses  the  Perdido  river;  thence  east  to  the 
western  boundary  line  of  the  State  of  Georgia;  thence 
along  said  line  to  the  southern  boundary  line  of  the 
State  of  Tennessee,  thence  west  along  the  southern 
boundary  of  the  State  of  Tennessee,  crossing  the 
Tennessee  river,  and  on  to  the  second  intersection  of 
said  river  by  said  line,  thence  up  said  river  to  the  mouth 
of  Big  Bear  creek;  thence  by  a  direct  line  to  the  north- 
west corner  of  Washington  county,  in  this  State,  as  ori- 
ginally formed ;  thence  southerly  along  the  line  of  the 
State  of  Mississippi  to  the  Gulf  of  Mexico;  thence  east- 
wardly,  including  all  islands  within  six  leagues  of  the 
shore,  to  the  Perdido  river;  thence  up  said  river  to  the 
beginning;  provided,  that  the  limits  and  jurisdiction  of 
this  State  sliall  extend  to  and  include  any  other 
land  and  territory  hereafter  acquired,  by  con- 
tract or  agreement  with  other  States  or  otlierwise, 
although  such  land  and  territory  are  not  included  with- 
in the  boundaries  hereinbefore  designated. 

38.  The  boundaries  of  tlie  several  counties  of  this 
State,  as  they  now  exist,  are  hereby  ratified  and  con- 
firmed. 

39.  Ti!(^  T,('gislature  may  by  a  vote  of  two-thirds 
of  each  House  thereof  arrange  and  designate  boundar- 
ies for  the  several  counties  of  this  State,  which  boun- 
daries shall  not  be  altered,  except  by  a  like  rote;  but 
no  new  county  sliall  be  formed  hereafter  of  less  extent 
than  GOO  square  miles,  and  no  existing  county  shall  be 


1500  Journal  of  Alabama 

reduced  to  less  than  600  square  miles;  and  no  new 
county  shall  be  formed  unless  it  shall  contain  a  suffi- 
cient number  of  inhabitants  to  entitle  it  to  one  Kepre- 
sentative  under  the  ratio  of  representation  existing  at 
the  time  of  its  fornmtiou,  and  leave  the  county  or 
counties  from  which  it  is  taken  with  the  required  num- 
ber of  inhabitants  to  entitle  such  county  or  counties^ 
each,  to  separate  representation;  provided,  that  out 
of  the  counties  of  Henry,  Dale  and  Geneva  a  new 
county  of  less  than  600  square  miles  may  be  formed 
under  the  provisions  of  this  article,  so  as  to  leave  said 
counties  of  Henry,  Dale  and  Geneva  with  not  less  than 
500  square  miles  each, 

40.  No  county  line  sliall  be  altered  or  changed, 
or  in  the  event  of  the  creation  of  new  counties  shall  be 
established,  so  as  to  run  within  seven  miles  of  tlie  county 
court  house  of  any  old  covmty. 

41.  No  county  court  house  or  county  site 
shall  be  removed  except  by  a  majority  vote  of 
the  qualified  elector  of  said  county,  voting  at 
an  election  held  for  such  purpose,  and  when  an 
election  has  once  been  held  for  such  purpose,  no  other 
election  can  be  held  for  such  purpose  until  the  expira- 
tion of  four  years;  provided,  that  the  county  site  of 
Shelby  county,  shall  remain  at  Columl)iaua,  un- 
less removed  by  a  vote  of  the  people,  as  pro- 
vided for  in  an  act  entitled  "An  act  to  pro- 
vide for  the  permanent  location  of  the  county  site 
of  Shelby  county,  Alabama,  by  a  vote  of  the  qualified 
electors  of  said  eounty,"  approved  the  9th  day  of  Feb- 
ruary, 1899,  and  the  act  amendatory  thereto,  approved 
the  20th  day  of  February,  1899,  or  by  an  election  held 
under  the  provisions  of  this  article. 

Mr.  Cornwell  ottered  the  following  amendment  to 
Article  II,  which  was  read  at  length  as  follows: 

Add  to  Section  39,  after  the  words  "each,"  the  fol- 
lowing: "Provide<l  furtlicr,  that  the  i)rovisions  of  this 
article  shall  not  a])ply  to  Wiv  fornrntjon  of  a  new  county 
to  be  carved  out  of  the  southern  portion  of  JctTersoii 
county,  and  tbe  iKU-tbeiii  ])ovtions  of  Tuscaloosa  und 
Bibl)  countv,  whicli  new  county  uiay  be  formed  by  the 


Constitutional  Convention. 


1501 


Legislature;  provided,  such  new  (•(tniity  shall  not  eon- 
tain  less  than  400  square  miles. 

Mr.  Opp  moved  to  tahle  the  amendment  offered  by 
Mr.  Cornwell. 

The  motion  prevailed,  and  the  amendment  was  laid 
upon  the  table:  Yeas,  61;  nays,  5(). 


YEAS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Barefield, 

Beddow, 

Beth  line, 

Boone, 

Cardon, 

Carmichael  (Colbert), 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deOraffenried, 

Duke, 

{'""erguson, 

Foster, 

Greer  (Perry), 

Haley, 

Handley, 

Heflin  (Randolph), 

Hood, 

Howze, 

Inge, 

Jones,  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Led  hotter, 

McMillan  (Baldwin), 


Martin, 

Merrill, 

Miller  (Marengo), 

Moody, 

Murphree, 

0':Neill  (Jefferson), 

Opp, 

O'Bear, 

Parker  (Elmore), 

Phillips, 

Pillans, 

Reese, 

Reynolds  (Henry), 

Samford, 

Selheimer, 

Sloan, 

Smith  (Mobile), 

Spears, 

Spragins, 

Stewart, 

Thompson, 

Waddell, 

Walker, 

Watts, 

Weatherly, 

White, 

Williams  (Barbour), 

Williams  (Elmore), 

Wilson  (Clarke), 

Winn— 61. 


1502 


Journal  of  Alabama 


NAYS. 


^lessrs.  Banks, 

Beavers, 

Blackwell, 

Browne, 

Burnett, 

Burns, 

Bjars, 

Carniichael  (Coffee), 

Carnatlion, 

Case, 

Chapman, 

Cobb, 

Coleman  (Walker), 

Cornwell, 

Elev, 

Eyster, 

Fletcher, 

Foshee, 

Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Harrison, 

Henderson, 


I  lodges, 

Howell, 

Long  (Butler), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Wilcox), 

:\niler  (Wilcox), 

Mulkey, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Palmer, 

Parker  (Cullman), 

Pearce, 

Pettus, 

Porter, 

Rejaiolds  (Chilton), 

San  ford, 

Searcy, 

Sentell, 

Smith,  Mac.  A. 

Smith,  Morgan  M., 

Studdard, 

Tayloe, 

Vaughan, 

AVhiteside, 

Williams  ( Marengo ) . 

W^ilson  ( Washington ) 


-56, 


Mr.  ^lurphree  offered  the  following  amendment  to 
Article  II : 

Strike  out  the  word  "majority''  in  first  line,  and  in- 
sert the  word  "two-thirds." 

On  motion  of  ^Iv.  Greer  of  Calhoun,  the  amendment 
was  laid  upon  the  tattle. 

On  motion  Ai-ticle  IT  was  adopted. 


Constitutional  Convention.  1508 

ARTICLE  III. 

DISTRir.lTION    OF    I'OWEKS    OF    GOVERN.MEXT. 

Was  read  at  leugtli  as  follows : 
ARTICLE  III. 

DISTRIBUTION    OF    POWERS    OF    GOVERNMENT. 

42.  The  powers  of  the  government  of  the  State  of 
Alabama  shall  be  divided  into  three  distinct  depart- 
ments, each  of  which  shall  be  confided  to  a  separate 
body  of  the  magistrv,  to-wit :  Those  who  are  legislative, 
to  one;  those  which  are  executive  to  another;  and  those 
which  are  judicial  to  another. 

43.  In  the  government  of  this  State,  except  in  the  in- 
stances in  this  Constitution  hereinafter  expressly  di- 
rected or  permitted,  the  legislative  department  shall 
never  exercise  the  executive  and  judicial  powers,  or 
either  of  them;  the  executive  shall  never  exercise  the 
legislative  and  judicial  powers,  or  either  of  them;  the 
judicial  shall  never  exercise  the  legislative  and  execu- 
tive powers,  or  either  of  them ;  to  the  end  that  it  may  be 
a  government  of  laws  and  not  of  men. 

On  motion  of  Mr.  Davis  of  Etowah  Article  III  was 
adopted. 

ARTICLE  IV. 

legislative  DEPARTMENT. 

Was  read  at  length  as  follows: 
ARTICLE  IV. 

LEGISLATI\T]   DEPARTMENT. 

44.  The  legislative  power  of  this  State  shall 
be  vested  in  a  Legislature,  which  shall  consist  of  a  Sen- 
ate and  House  of  Representatives. 


1504  Journal  of  Alabama 

45.  The  style  of  tlie  laws  of  this  State  shall  be: 
"Be  it  enacted  by  the  Legislature  of  Alabama,"  which 
need  not  be  repeated,  but  the  act  shall  be  divided  into 
sections  for  convenience,  according  to  substance,  and 
the  sections  designated  merely  by  figures. 

Each  law  shall  contain  but  one  subject,  which  shall 
be  clearly  expressed  in  its  title,  except  general  appro- 
priation bills,  general  revenue  bills,  and  bills  adopting 
n  code,  digest,  or  revision  of  statute;  and  no  law  shall 
be  revived,  amended  or  the  provisions  thereof  extended 
or  conferred,  by  reference  to  its  title  only ;  but  so  much 
thereof  as  is  revived,  amended,  extended,  or  conferred, 
shall  be  reenacted  and  published  at  length. 

46.  Senators  and  llepresentatives  shall  be  elected  by 
the  qualified  electors  on  the  first  Tuesday  after  the  first 
Monday  in  November  unless  the  Legislature  shall 
change  the  time  of  holding  elections  and  in  every  fourth 
i>'ear  thereafter.  The  terms  of  office  of  the  Senators  and 
Representatives  shall  commence  on  the  day  after  the 
general  election  at  which  they  are  elected,  and  expire 
on  the  day  after  the  general  election  held  in  the  fourth 
year  after  their  election,  except  as  otherwise  provided  in 
this  Constitution.  At  the  general  election  in  the  year 
1002  all  the  Representatives,  together  with  the  Senators 
for  the  even  numbered  districts  and  for  the  Thirty-fifth 
district,  shall  be  elected.  The  terms  of  those  Senators 
Avho  represent  the  odd  numbered  districts  under  the  law 
in  force  prior  to  the  ratification  of  this  Constitution, 
are  hereby  extended  until  the  day  after  the  general  elec- 
tion in  the  year  1906;  and,  until  the  expiration  of  his 
term  as  hereinbefore  extended,  each  such  Senator  shall 
represent  the  district  established  by  this  Constitution, 
bearing  the  number  corresponding  with  that  for  which 
he  was  elected.  In  the  year  1906,  and  in  every  fourth 
year  thereafter,  all  the  Senators  and  Representatives 
shall  be  elected.  Whenever  a  vacancy  shall  occur  in 
either  House  the  Governor  shall  issue  a  writ  of  election 
to  fill  such  vacancy  for  the  remainder  of  the  term. 

47.  Senators  shall  be  at  least  twenty-five  years 
of  age,  and  Representatives  twenty-one  years  of  age; 
they  shall  have  been  citizens  and  residents  of  this  State 


CONSTITUTIONA-L  CONVENTION.  1505 

for  three  years  and  residents  of  their  respective 
<;ounties  or  districts  one  year  next  before  their 
-election,  if  such  county  or  district  shall  have  been 
so  h)n<i-  established;  but  if  not,  then  of  the  county  or 
district  from  which  the  same  shall  have  been  taken ; 
and  they  shall  reside  in  their  respective  counties  or  dis- 
tricts during  their  terms  of  office. 

48.  The  Le<iislature  shall  meet  quadrennially  at  the 
Capitol,  in  the  Senate  chamber,  and  in  the  Hall  of  the 
House  of  Kepresentatives,  on  the  second  Tuesday  in 
January  next  succeeding;-  their  election,  or  on  such  other 
day  as  may  be  prescribed  by  law;  and  shall  not  remain 
in  session  longer  than  sixty  days  at  the  first  session  held 
under  this  Constituticm,  nor  longer  than  fifty  days  at 
any  subsequent  session.  If  at  any  time  it  should  from 
any  cause  l)ecome  impossible  or  dangerous  for  the  Legis- 
lature to  meet  or  remain  at  the  Capitol,  or  for  the  Sen- 
ate to  meet  or  remain  in  the  Senate  chamber,  or  for- the 
Eepresentatives  to  meet  or  remain  in  the  Hall  of  the 
House  of  Eepresentatives,  the  Governor  may  convene 
the  Legislature,  or  remove  it,  after  it  has  convened,  to 
some  other  place,  or  may  designate  some  other  place  for 
the  sitting  of  the  respective  Houses,  or  either  of  them, 
as  necessity  may  require. 

49.  The  pay  of  the  members  of  the  Legislature 
shall  be  |4.00  per  day,  and  10  cents  per  mile  in  going 
to  and  returning  from  the  seat  of  government,  to  be 
-computed  by  the  nearest  usual  route  traveled. 

50.  The  Legislature  shall  consist  of  not  more 
than  thirty-five  Senators,  and  not  more  than  one  hun- 
dred and  five  members  of  the  House  of  Representatives, 
to  be  apportioned  among  the  several  districts  and  coun- 
ties as  prescribed  in  this  Constitution;  provided  that 
in  addition  to  the  above  number  of  Eepresentatives, 
each  new  county  hereafter  created  shall  be  entitled  to 
one  Eepresentative. 

51.  The  Senate,  at  the  beginning  of  each  regular  ses- 
sion, and  at  such  other  times  as  may  be  necessary,  shall 
-elect  one  of  its  members  president  pro  tem  thereof  to  pre- 
■side  over  the  deliberations  in  the  absence  of  the  Lieuten- 

95 


1506  Journal  of  Alabama 

ant  Governor;  and  the  House  of  Representatives,  at  the 
beginning  of  each  regular  session,  and  at  such  other 
time  as  may  be  necessary,  shall  elect  one  of  its  mem- 
bers as  Speaker;  and  the  President  of  the  Senate  and 
the  Speaker  of  the  House  of  Representatives  shall  hold 
their  offices  respectively  until  their  successors  are 
elected  and  qualified.  In  case  of  temporary  disability 
of  either  of  said  presiding  officers,  the  House  to  which 
he  belongs  may  elect  one  of  its  members  to  preside  over 
that  House  and  to  perform  all  the  duties  of  such  officer 
during  the  continuance  of  his  disability;  and  such  tem- 
porary officer,  while  performing  dutj  as  such,  shall  re- 
ceive the  same  compensation  to  which  the  ]^ermanent 
officer  is  entitled,  and  no  other.  Each  House 
shall  choose  its  own  officers  and  shall  judge  of  the  elec- 
tion, returns  and  qualifications  of  its  members. 

52.  A  majority  of  each  House  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  ad- 
journ from  day  to  day  and  may  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such  pen- 
alties as  each  House  may  provide. 

53.  Each  House  shall  have  power  to  determine 
the  rules  of  its  proceedings  and  to  punish  its  members 
and  other  persons,  for  contempt  or  disorderly  behavior 
in  its  presence ;  to  enforce  the  obedience  to  its  processes ; 
to  protect  its  members  against  violence,  or  offers  of 
bribe  or  corrupt  solicitation ;  and  with  the  concurrence 
of  two-thirds  of  the  House  to  expel  a  member,  but  not  a 
second  time  for  the  same  offense;  and  the  two  Houses 
shall  have  all  the  powers  necessary  for  the  Legislature  of 
a  free  State. 

54.  A  member  of  either  House  expelled  for  cor- 
ruption shall  not  thereafter  be  eligible  to  either  House, 
and  punishment  for  contempt  or  disorderly  behavior 
shall  not  bar  an  indictment  for  the  same  offense. 

55.  Each  House  shall  keep  a  Journal  of  its  pro- 
ceedings and  cause  the  same  to  be  published  immediate- 
ly after  its  adjournment,  excepting  such  parts  as,  in  its 
judgment,  may  require  secrecy;  and  the  yeas  and  nays 
of  the  members  of  either  House  on  any  question  shall, 
at  the  request  of  one-tenth  of  the  members  present,  be 


Constitutional  Convi-:ntion.  1507 

entered  on  the  Journal.  Any  member  of  either  House 
shall  have  liberty  to  dissent  from  or  protest  against  any 
act  or  resolution  which  he  may  think  injiuious  to  the 
public,  or  an  individual,  and  have  the  reasons  for  his 
dissent  entered  on  the  Journal. 

56.  Members  of  the  Legislature  shall,  in  all 
cases,  except  treason,  felony,  violation  of  their  oath  of 
office,  and  breach  of  the  peace,  be  privileged  from  ar- 
rest during  their  attendance  at  the  session  of  their  re- 
spective Houses,  and  in  going  to  and  returning  from  the 
same;  and  for  any  speech  or  debate  in  either  House 
they  shall  not  be  questioned  in  any  other  place. 

57.  The  doors  of  each  House  shall  be  open(Hl  ex- 
cept on  such  occasions  as,  in  the  opinion  of  the  House, 
may  require  seci'ecy,  but  no  person  shall  be  admitted  to 
the  floor  of  either  House  while  the  same  is  in  session, 
except  members  of  the  Legislature,  the  officers  and  em- 
ployes of  the  two  Houses,  the  Glovernor  and  his  secre- 
taries, representatives  of  the  press,  and  other  per- 
sons to  whom  either  House,  by  unanimous  vote,  may  ex- 
tend the  privileges  of  its  floor. 

58.  Neither  House  shall,  without  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  they  may  be  sitting,  ex- 
cept as  otherwise  provided  in  this  Constitution. 

59.  No  Senator  or  liepresentative  shall,  during 
the  term  for  which  he  shall  have  been  elected,  be  ap- 
pointed to  any  office  of  profit  under  this  State,  which 
shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased  during  such  term,  except  such 
offices  as  may  be  filled  by  election  by  the  people. 

00.  No  person  convicted  of  embezzlement  of  the 
public  money,  bribery,  perjury,  or  other  infamous  crime, 
shall  be  eligible  to  the  Legislature,  or  capable  of  hold- 
ing any  office  of  trust  or  profit  in  this  State. 

61.  No  law  shall  be  passed  except  by  bill,  and 
no  bill  shall  be  so  altered  or  amended  on  its  passage 
through  either  House  as  to  change  its  original  purpose. 

62.  No  bill  shall  become  a  law  until  it  shall 
have  been  referred  to  a  standing  committee  of  eacli 
House,  acted  upon  by  such  committee  in  session,  and 


1508  Journal  OF  Alabama 

returned  therefrom,  which  facts  shall  affirmatively  ap- 
pear upon  the  Journal  of  each  House. 

03.  Every  bill  shall  be  read  on  three  different 
days  in  each  House,  and  no  bill  shall  become  a  law,  un- 
less on  its  final  passage  it  be  read  at  length,  and  the 
vote  be  taken  by  yeas  and  nays,  the  names  of  the  mem- 
bers voting  for  and  against  the  same  to  be  entered  upon 
the  Journals,  and  a  majority  of  each  House  be  recorded 
thereon  as  voting  in  its  favor,  except  as  otherwise  pro- 
vided in  this  Constitution. 

64*.  No  amendment  to  bills  shall  l>e  adopted  ex- 
cept by  a  majority  of  the  House  wherein  the  same  is 
offered,  nor  unless  the  amendment  with  the  names  of 
those  voting  for  and  against  the  same  shall  be  entered 
at  length  on  the  Journal  of  the  House  in  which  the 
same  is  adopted,  and  no  amendment  to  bills  by  one 
House  shall  be  concurred  in  by  the  other,  unless  by  a 
vote  taken  by  yeas  and  nays,  and  the  names  of  the  mem- 
bers voting  for  and  against  the  same  be  recorded  at 
length  on  the  Journal ;  and  no  report  of  a  committee  of 
conference  shall  be  adopted  in  either  House,  except  upon 
a  vote  taken  by  yeas  and  nays,  and  entered  on  the  Jour- 
nal, as  herein  provided  for  the  adoption  of  amendments. 

(35.  The  Legislature  shall"  have  no  power  to 
authorize  lotteries  or  gift  enterprises  for  anj  purpose, 
and  shall  pass  laws  to  prohibit  the  sale  of  lottery  or  gift 
enterprise  tickets,  or  tickets  in  any  scheme  in  the  nature 
of  a  lottery,  in  this  State;  and  all  acts,  or  parts  of  acts 
heretofore  passed  by  the  Legislature  of  this  State, 
authorizing  a  lottery  or  lotteries  and  all  acts  amenda- 
tory thereof,  or  supplemental  thereto,  are  hereby 
avoided, 

06.  The  presiding  officer  of  each  House  shall, 
in  the  presence  of  the  House  over  which  he  presides, 
sign  all  bills  and  joint  resolutions  passed  by  the  Legis- 
lature, after  the  same  shall  have  been  publicly  read  at 
length  immediately  before  signing,  and  the  fact  of  read- 
ing and  signing  shall  be  entered  upon  the  Journal;  but 
the  reading  at  length  may  be  dispensed  with  by  a  two- 
thirds  vote  of  a  quorum  present,  which  fact  shall  also 
be  entered  on  the  Journal. 


Constitutional  Convention.  1509 

07.  The  Legislature  shall  prescribe  bv  law  the  num- 
ber, duties  and  compensation  of  the  officers  and  employes 
of  each  House,  and  no  payment  shall  be  made  from  the 
State  Treasury  or  be  in  any  way  authorized  to  any  per- 
son except  to  an  acting  officer  or  employe  elected  or 
appointed  in  pursuance  of  law. 

08.  The  Legislature  shall  have  no  power  to 
grant  or  to  authorize  or  require  any  county  or  muni- 
cipal a^ithority  t('  grant,  nor  shall  any  county  or  muni- 
r-ipal  authority  have  power  to  grant  any  extra  compen- 
sation, fee  or  allowance  to  any  public  officer,  servant 
or  employee,  agent  or  contractor,  after  service  shall 
have  been  rendered  or  contract  made,  nor  to  increase 
or  decrease  the  fees  and  compensation  of  such  officers 
during  their  term  of  office;  nor  shall  any  officer  of  the 
State  bind  the  State  to  the  paj^ment  of  any  sum  of 
money  but  by  authority  of  law;  provided  this  section 
shall  not  i^pply  to  allowances  made  hj  Commissioners, 
Courts  or  Boards  of  Revenue  to  county  officers  for  ex 
officio  services. 

69.  All  stationery,  printing,  j>aper  and  fuel  used 
in  the  legislative  and  other  departments  of  gov- 
ernment shall  be  furnished  and  the  printing,  bind- 
ing and  distribution  of  laws,  Journals,  department 
reports,  and  all  other  printing,  binding  and  repair- 
ing and  furnishing  the  halls  and  rooms  used 
for  the  meeting  of  the  Legislature  and  its  com- 
mittees, shall  be  performed  under  contract,  to 
be  given  to  the  lowest  responsible  bidder  below  a  maxi- 
mum price,  and  under  such  regulations  as  shall  be  pre- 
scribed by  law ;  no  member  or  officer  of  any  department 
of  the  government  shall  be  in  any  way  interested  in  such 
contracts,  and  all  such  contracts  shall  be  subject  to  the 
approval  of  the  Governor,  Auditor  and  Treasurer. 

70.  All  bills  for  raising  revenue  shall  originate 
in  the  House  of  Tvepresentatives.  The  Governor,  Avidi- 
tor  and  Attorney  General  shall,  before  each  regular 
session  of  the  Legislature,  pre])are  a  general  revenue 
bill  to  be  submitted  to  the  Legislature,  for  its  informa- 
tion, and  the  Secretary  of  State  shall  have  printed  for 
the  use  of  the  Legislature  a  sufficient  number  of  copies 


1510  JouRXAL  OF  Alabama 

of  the  l)ill  so  prepared  which  the  Governor  shall  trans- 
mit to  the  House  of  Kepresentatives  as  soon  as  organ- 
ized, to  be  used  or  dealt  with  as  that  House  may  elect. 
The  Senate  may  propose  amendments  to"  revenue  bills. 
No  revenue  bill  shall  be  passed  during  the  last  five 
days  of  the  session. 

71.  The  general  appropriation  bill  shall  em- 
brace nothing  but  appropriations  for  the  ordinary  ex- 
penses of  the  Executive,  Legislative  and  Judicial  de- 
partments of  the  State,  interest  on  the  public  debt,  and 
for  the  public  schools.  The  salary  of  no  officer  or  em- 
ploye shall  be  increased  in  such  bill,  nor  shall  any  ap- 
propriation be  made  for  any  officer  or  employe  unless 
his  employment  and  the  amount  of  his  salary  have  al- 
ready been  provided  for  by  law.  All  other  appropria- 
tions shall  be  made  hj  separate  bill,  and  each  embrac- 
ing but  one  subject. 

72.  No  money  shall  be  paid  out  of  the  Treasury 
except  upon  appropriation  made  by  law,  and  on  war- 
rant drawn  by  the  proper  officer  in  pursuance  thereof; 
and  a  regular  statement  and  account  of  receipts  and  ex- 
X)enditures  of  all  public  moneys  shall  be  published  an- 
nually, in  such  manner  as  may  be  by  law  directed. 

73.  No  appropriation  shall  be  made  to  any 
charitable  or  educational  institution  not  under  the  ab- 
solute control  of  the  State,  other  than  normal  schools 
established  by  law  for  the  professional  training  of 
teachers  for  the  public  schools  of  the  State,  except  by 
vote  of  two-thirds  of  all  members  elected  to  each  House. 

74.  No  act  of  the  Legislature  shall  autlinrize 
the  investment  of  any  trust  fund  by  executors,  adminis- 
trators, guardians  and  other  trustees  in  the  bonds  or 
stock  of  any  private  corporation ;  and  any  such  acts 
now  existing  are  avoided,  saving  investments  hereto- 
fore made. 

75.  The  power  to  change  the  venue  in  civil  and 
criminal  cases  is  vested  in  the  courts,  to  be  exercised  in 
such  manner  as  shall  be  provided  by  law. 

70.  AVhen  the  Legislature  shall  b(^  couveued  in 
special  session  there  shall  be  no  legislation  upon  sub- 
jects other  than  those  designated  in  tlie  proclamatii^n  of 


COXSTITUTIOXAL  CoXVENTIOX.  1511 

the  Governor  calling  such  session,  except  by  a  vote  of 
two-thirds  of  eacli  House.  Special  sessions  shall  be  lim- 
ited to  thirty  days. 

77.  No  State  office  sliall  be  continued  or  created  for 
the  inspection  or  measuring  of  any  merchandise^  manu- 
facture or  commodity,  but  any  county  or  municipality 
may  appoint  such  officers  when  authorized  by  law. 

78.  No  act  of  the  Legislature  changing  the  seat 
of  government  of  the  State  shall  become  a  law  until  the 
same  shall  have  been  submitted  to  the  qualified  electors 
of  the  State  at  a  general  election,  and  approved  by  a 
majority  of  such  electors  voting  on  the  same ;  and  such 
act  shall  specify  the  proposed  new  location. 

70.  A  member  of  the  Legislature  who  shall  so- 
licit, demand,  or  receive,  or  consent  to  receive, 
directly  or  indirectly,  for  himself  or  for  another,  from 
any  company,  corporation  or  person,  anj  money,  office, 
appointment,  employment,  reward,  thing  of  value,  or 
enjoyment,  or  personal  advantage  or  promise  thereof, 
for  his  vote  or  official  influence  or  for  withholding  the 
same,  or  with  an  understanding,  expressed  or  implied, 
that  his  vote  or  his  official  action  shall  in  an  way  be  in- 
fluenced thereby;  or  who  shall  solicit  or  demand  any 
such  money  or  other  advantage,  matter  or  thing  afore- 
said, for  another  as  the  consideration  of  his  vote  or 
influence,  or  for  withholding  the  same;  or  shall 
give  or  withhold  his  vote  or  influence  in  consideration 
^f  the  payment  or  promise  of  such  money,  advantage, 
matter  or  thing  to  another,  shall  be  guilty  of  bribery 
within  the  meaning  of  this  Constitution  ;  and  shall  incur 
the  disabilities  and  penalties  provided  thereby  for  such 
offense,  and  such  additional  ])unishment  as  is  or  shall 
be  provided  by  law. 

80.  Any  person  who  shall,  directly  or  indirectly, 
offer,  give  or  promise  any  money,  or  thing  of  value,  tes- 
timonial, privilege,  or  personal  advantaije,  to  anv  exe- 
cutive or  judicial  officer  or  member  of  the  Legislature 
to  influence  him  in  the  performance  of  any  of  his  public 
or  official  duties,  shall  be  guilty  of  bribery  and  be  pun- 
ished in  such  manner  as  may  be  provided  by  law. 


1512  JouuxAL  OF  Alabama 

81.  The  ott'euvse  of  corrupt  solicitation  of  iiiein- 
bers  of  the  Legislature  or  of  public  officers  of  this  State 
or  of  any  municipal  division  thereof,  and  any  occu- 
pation or  practice  of  solicitation  of  such  members  or 
officers,  to  influence  their  official  action,  shall  be  defined 
by  law,  and  shall  be  punished  by  fine  and  imprisonment 
in  the  penitentiary;  and  the  Legislature  shall  provide 
for  the  trial  and  punishment  of  the  offenses  enumerated 
in  the  two  preceding  sections,  and  shall  require  the 
Judges  to  give  the  same  specially  in  charge  to  the  Grand 
Juries  in  all  the  counties  of  this  State. 

82.  A  member  of  the  Legislature  who  has  a  per- 
sonal or  private  interest  in  any  measure  or  bill,  pro- 
posed or  pending  before  the  Legislature,  shall  disclose 
the  fact  to  the  House  of  which  he  is  a  member,  and 
shall  not  vote  thereon. 

83.  In  all  elections  by  the  Legislature,  tlie  mem- 
bere  shall  vote  viva  voce,  and  the  votes  shall  be  entered 
on  the  Journals. 

84.  It  shall  be  the  duty  of  the  Legislature  to 
pass  such  laws  as  may  be  necessary  and  proper  to  decide 
differences  by  arbitrators,  to  be  appointed  by  the  par- 
ties, who  may  choose  that  mode  of  adjustment. 

85.  It  shall  be  the  duty  of  the  Legislature,  at 
its  first  session  after  the  ratification  of  this  Constitu- 
tion, and  within  every  subsequent  period  of  twelve 
years,  to  make  provision  by  law  for  the  revision,  digest- 
ing and  promulgation  of  the  public  statutes  of  this 
State,  of  a  general  nature,  both  civil  and  criminal. 

80.  The  Legislature  shall  pass  such  penal  laws 
as  they  may  deem  expedient,  to  suppress  the  evil  prac- 
tice of  dueling, 

87.  It  sliall  Ite  the  duty  of  the  Legislature  to 
regulate  by  law  the  cases  in  which  deduction  shall  be 
made  from  the  salaries  or  compensation  of  public  offi- 
cers for  neglect  of  duty  in  their  official  ca])acities,  and 
the  amount  of  such  deduction. 

88.  It  shall  be  the  duty  of  the  Legislature  to  re- 
quire the  several  counties  of  this  State  to  make  ade- 
quate provision  for  tlie  maintenance  of  the  poor. 


Constitutional  Convention.  1513 

89.  The  Legislature  shall  not  have  power  to 
authorize  any  municipal  corporations  to  pass  any  laws 
inconsistent  with  the  general  laws  of  this  State, 

90.  In  the  event  of  annexation  of  any  foreign 
territory  to  this  State,  the  Legislature  shall  enact  laws 
extending  to  the  inhabitants  of  the  acquired  territory 
all  the  rights  and  privileges  which  may  be  required  by 
the  terms  of  the  acquisition  not  inconsistent  with  this 
Constitution.  Should  the  State  purchase  such  foreign 
territory  the  Legislature,  with  the  approval  of  the  Gov- 
ernor, shall  be  authorized  to  expend  any  money  in  the 
Treasury  not  otherwise  appropriated,  and  if  necessary, 
to  provide  also  for  the  issuance  of  State  bonds  to  pay  for 
the  purchase  of  such  foreign  territory. 

91.  The  Legislature  shall  not  tax  the  property 
real  or  personal,  of  the  State,  counties  or  other  muni- 
cipal corporations,  or  cemeteries;  nor  lots  in  incorpor- 
ated cities  or  towns,  or  within  one  mile  of  any  city  or 
town,  to  the  extent  of  one  acre,  nor  lots  one  mile  or  more 
distant  from  such  cities  or  towns,  to  the  extent  of  five 
acres,  with  the  buildings  thereon,  when  the  same  are 
used  exclusively  for  religious  worship,  for  schools  or  for 
purposes  purely  charitable. 

92.  The  Legislature  shall,  by  hnv,  prescribe  such 
rules  and  regulations  as  may  be  necessary  to  ascertain 
the  value  of  real  and  personal  property,  exempted  from 
sale  under  legal  process  by  this  Constitution;  and  to 
secure  the  same  to  the  claimant  thereof  as  selected. 

93.  The  State  shall  not  engage  in  works  of  in- 
ternal improvement,  nor  lend  money  or  its  credit 
in  aid  of  such ;  nor  shall  the  State  be  interested  in  any 
private  or  corporate  enterprise,  or  lend  money  or  its 
credit  to  any  individual,  association  or  corporation. 

91.  The  Legishiture  shall  not  have  power  to 
authorize  any  county,  city,  town  or  other  subdivision  of 
this  State  to  lend  its  credit,  or  to  grant  public  money 
or  thing  of  value,  in  aid  of,  or  to  any  individual,  asso- 
ciation or  corporation  whatsoever,  or  to  become  a  stock- 
holder in  any  such  corporation,  association,  or  company 
by  issuing  bonds  or  otherwise. 


1514  Journal  of  Alabama 

95.  There  can  be  no  law  of  this  State  impairing 
the  obligation  of  contracts  by  destroying  or  impairing 
the  remedy  for  their  enforcement;  and  the  Legislature 
shall  have  no  power  to  revive  any  right  or  remedy  which 
may  have  become  barred  by  lapse  of  time,  or  by  any 
statute  of  this  State.  After  suit  has  been  commenced  on 
any  cause  of  action,  the  Legislature  shall  have  no  power 
to  take  away  such  cause  of  action,  or  to  destroy  any  ex- 
isting defense  to  such  suit. 

96.  The  Legislature  shall  not  enact  any  law  not 
applicable  to  all  the  counties  in  the  State,  regulating 
costs  and  charges  of  courts,  or  fees,  commissions  or  al- 
lowances of  public  officers. 

97.  The  Legislature  shall  not  authorize  payment 
to  any  person  of  the  salary  of  a  deceased  officer  beyond 
the  date  of  his  death. 

98.  The  Legislature  shall  not  retire  any  officer 
on  pay,  or  part  pay,  or  make  any  grant  to  such  retiring 
officer. 

99.  Lands  belonging  to,  or  under  the  control  of 
the  State  shall  never  be  donated  directly  or  indirectly 
to  private  corporations,  associations  or  individu- 
als, or  railroad  companies;  nor  shall  such  lands 
be  sold  to  corporations  or  associations  for  a 
less  price  than  that  for  which  they  are  subject 
to  sale  to  individuals;  provided,  that  nothing  con- 
tained in  this  section  shall  prevent  the  Legislature 
from  granting  a  right  of  way,  not  exceeding  125  feet  in 
Avidth,  as  a  mere  easement,  to  railroads  or  telegraph  or 
telephone  lines  across  State  lands,  and  the  Legislature 
shall  never  dispose  of  the  land  covered  by  said  right  of 
way,  except  subject  to  such  easement. 

100.  No  obligation  or  liabilitv  of  any  person,  as- 
sociation or  corporation  held  or  owned  by  this  State, 
or  by  any  count^^,  or  other  municipality  thereof,  shall 
ever  be  remitted,  released,  or  postponed,  or  in  any  Avay 
diminished,  by  the  Legislature;  nor  shall  such  liability 
or  obligation  be  extinguished  except  by  payment  there- 
of; nor  shall  such  liability,  or  obligation  be  ex- 
changed or  transferred  except  upon  payment  of 
its  face  value;  provided,  that  this  section  shall  not  pre- 


Constitutional  Convention.  1515 

vent  the  Legislature  from  providing,  by  general  law,  for 
the  compromise  of  doubtful  claims. 

101.  No  State  or  county  official  shall,  at  any 
time  during  his  term  of  office,  accept,  either  directly  or 
indirectly,  any  fee,  money,  office,  appointment,  employ- 
ment, reward  or  thing  of  value,  or  of  personal  advan- 
tage, or  the  promise  thereof,  to  lobby  for  or  against  any 
measure  pending  before  the  Legislature,  or  to  give  or 
withhold  his  influence  to  secure  the  passage  or  defeat 
of  any  such  measure. 

102.  The  Legislature  shall  never  pass  any  law  to 
authorize  or  legalize  any  marriage  between  any  white 
person  and  a  negro  or  descendant  of  a  negro. 

103.  The  Legislature  shall  provide  by  law  for  the 
regulation,  prohibition  or  reasonable  restraint  of  com- 
mon carriers,  partnerships,  associaticins,  trusts,  mo- 
nopolies and  combinations  of  capital  so  as  to  prevent 
them  or  any  of  them  from  making  scarce  articles  of  ne- 
cessity, trade  or  commerce,  or  from  increasing  un- 
reasonably the  cost  thereof  to  the  consumer,  or  prevent- 
ing reasonable  competition  in  any  calling,  trade  or 
business. 

LOCAL  LEGISLATION. 

Section  104--The  Legislature  shall  not  pass  a 
special,  private  or  local  law  in  an^^  of  the  following 
cases: 

First — Granting  a  divorce. 

Second — Relieving  any  minor  of  the  disabilities  of 
non-age. 

Third — Changing  the  name  of  any  corporation,  asso- 
ciation or  individual. 

Fourtli — Providing  for  tlie  adopting  or  legitimiz- 
ing of  any  child. 

Fiftli — Incorporating  a  city,  town  or  village. 

Sixth — Granting  a  charter  to  any  corporation,  asso- 
ciation or  individual. 

Seventh — Establishing  rules  of  descent  or  distribu- 
tion. 

Eighth — Regulating  the  time  within  which  a  civil  or 
criminal  action  may  be  begun. 


1516  Journal  of  Alabama 

Ninth — Exempting  any  individual,  private  corpora- 
tion or  association  from  tlie  operation  of  any  general 
law. 

Tenth — Providing  for  the  sale  of  the  property  of  any 
individual  or  estate. 

Eleventh — Changing  or  locating  a  county  seat. 

Twelfth — Providing  for  a  change  of  venue  11  any 
case. 

Thirteenth — Regulating  the  rate  of  interest. 

Fourteenth — Fixing  the  punishment  of  crime. 

Fifteenth — Regulating  either  the  assessment  or  col- 
lection of  taxes,  except  in  connection  with  the  readjust- 
ment, renewal  or  extension  of  existing  municipal  in- 
debtedness, created  prior  to  the  ratilication  of  the  Con- 
stitution of  1875. 

Sixteenth — Giving  effect  to  an  invalid  will,  deed  or 
other  instrument. 

Seventeenth — Authorizing  any  county,  city,  town,  vil- 
lage, district  or  other  political  subdivision  of 
a  county,  to  issue  bonds  or  other  securities 
unless  tlie  issuance  of  said  bonds  or  other  se- 
curities sliall  have  been  authorized  before  the 
enactment  of  such  local  or  special  law,  by  a 
vote  of  the  dul,y  qualified  electors  of  such  county,  town- 
ship, city,  town,  village,  district  or  other  political  sub- 
division of  a  county,  at  an  election  held  for  such  pur- 
pose, in  the  manner  that  may  be  prescril>ed  by  law;  pro- 
vided, the  Legislature  may,  without  such  election,  pass 
special  laws  to  refund  l>onds  issued  before  the  date  of 
the  ratification  of  this  Constitution. 

Eighteenth — Amending,  confirming  or  extending  the 
charter  of  any  private  municipal  corporation  or  remit- 
ting the  forfeiture  thereof;  provided,  this  shall  not  pro- 
hi})it  the  Legislature  from  altering  or  re-arranging  the 
boundaries  of  any  city,  town  or  village. 

Nineteenth — Creating,  extending  or  impairing  any 
lien. 

Twentieth — Chartering  or  licen^ng  any  ferry,  road 
or  bridge. 

Twenty-first — Increasing  the  jurisdiction  and  fees 
of  Justices  of  the  Peace,  or  tlie  fees  of  Constables^ 


Constitutional  Convention.  1517 

Twenty-second — Establisliing  separate  school  dis- 
tricts. 

Twenty-third — Establisliing  separate  stock  districts. 

Twenty-fourth — Creating,  increasing  or  decreasing 
fees,  percentages  or  allowances  of  pnblic  officers. 

Twenty-fiftli — Exempting  property  from  taxation  or 
from  levy  or  sale. 

Twenty-sixth — Exempting  any  person  from  jury, 
road  or  other  civil  duty. 

Twenty-seventh — Donating  any  land  owned  by  or 
under  control  of  the  State  to  any  person  or  corporation. 

Twenty-eighth — Remitting  fines,  penalties  or  forfeit- 
ures. 

Twenty-ninth — Providing  for  the  conduct  of  elections 
or  designating  places  of  voting,  or  changing  the  boun- 
daries of  wards,  precincts  or  districts,  except  in  the  event 
of  the  organization  of  new  counties,  or  the  changing  of 
the  lines  of  old  counties,' 

Thirtieth — Restoring  the  right  to  vote  to  persons 
convicted  of  infamous  crimes  or  crimes  involving  moral 
turpitude. 

Thirty-first — Declaring  who  shall  be  liners  between 
precincts  or  between  counties. 

105.  No  special,  private  or  local  law,  except  a  law  fix- 
ing the  time  of  holding  court,  shall  be  enacted  in 
any  case,  which  is  provided  for  by  a  general 
law,  or  when  the  relief  sought  can  be  given  by  any  court 
of  this  State,  and  the  Courts,  and  not  the  Legis- 
lature shall  judge  as  to  whether  the  matter  of  said  law 
is  provided  for  by  a  general  law,  and  as  to  whether  the 
relief  sought  can  be  given  by  any  court;  nor  shall  the 
Legislature  indirectly  enact  any  such  special, 
private  or  local  law  by  the  partial  repeal  of  a  general 
law. 

The  Legislature  shall  pass  general  laws  for  the 
cases  enumerated  in  this  section;  provided,  that  noth- 
ing in  this  section  or  'article  shall  affect  the  right  of  the 
Legislature  to  enact  local  laws  regulating  or  prohibit- 
ing the  liquor  traffic;  but  no  such  local  law  shall  be  en- 
acted unless  notice  shall  have  been  given  as  required  in 
Section  106  of  this  Constitution. 


1518  Journal  of  Alabama 

lOG.  No  special,  private  or  local  law  shall  be  passed 
on  any  subject  not  enumerated  in  Section  104  of  this 
Constitntion,  except  in  reference  to  lixino-  the  time  of 
holding-  courts,  unless  notice  of  tlie  intention  to  apply 
therfoi-  shall  have  been  published,  without  cost  to  the 
State,  in  the  county  or  counties  where  the  nmtter  or 
thing  to  be  affected  may  be  situated,  which  notice  shall 
state  the  substance  of  the  proi)osed  law,  and  be  published 
at  least  once  a  week  for  four  consecutive  weeks  in  some 
newspaper  published  in  such  county  or  counties,  or  if 
there  is  no  ne\^•spaper  published  therein,  then  by  posting 
the  said  notice  for  four  consecutive  weeks  at  five  differ- 
ent places  in  the  county  or  counties  prior  to  the  intro- 
duction of  the  bill ;  and  proof  by  affidavit  that  said  notice 
has  been  given  shall  be  exhibited  to  each  house  of  the 
Legislature,  and  said  proof  spread  upon  the  Journal. 
The  courts  shall  pronounce  void  every  local  law  A^hich 
the  Journals  do  not  affirmati^-el}^  show  was  passed  in 
accordance  with  the  provisions  of  this  section. 

107.  The  Legislature  shall  not,  by  a  special,  ])rivate 
or  local  law,  repeal  or  modify  any  special,  private  or 
local  law  except  upon  notice  being  given  and  shown 
as  provided  in  the  last  preceding  section. 

108.  Tlie  operation  of  a  general  law  shall  not  be  sus- 
pended for  the  benefit  of  any  individual,  private  cor- 
poration or  association,  nor  shall  any  individual, 
private  corporation  or  association  be  exempted 
from  the  operation  of  any  general  law,  except  as  in  this 
article  otherwise  provided. 

109.  The  Legislature  shall  pass  general  laws 
under  which  local  and  private  interests  shall  be 
provided  for  and  protected. 

110.  A  general  law,  within  the  meaning  of  this 
article,  is  a  law  which  applies  to  the  whole  State;  a  local 
law  is  a  law  which  applies  to  any  political  subdivision 
or  subdivisions  of  tlie  State  less  than  the  whole — a  spe- 
cial or  private  law,  within  tbe  meaning  of  this  article, 
is  one  which  applies  to  an  individual,  association  or 
corporation. 

111.  Xo  bill  introduced  as  a  general  law  in  either 
House  of  tlie  Legislature  shall  be  so  amended  on  its  i)ass- 


Constitutional  Convention.  1519' 

age  as  to  become  a  special,  private  or  local  law. 

Mr.  Watts  offered  the  following-  amendmeut  to  Arti- 
cle IV,  which  was  adopted : 

Amend  Section  lOG  by  inserting  before  "local"  in  line 
13,  the  words  "special,  private,  or." 

Mr.  Samford  offered  the  following  amendment  to 
Article  IV : 

Amend  the  report  of  the  committee  by  striking  out  the 
words  ''provided,  this  shall  not  prohibit  the  Legislature 
from  altering  or  rearranging  the  boundaries  of  any  city, 
town  or  village,"  in  line  24,  page  23. 

On  motion  of  Mr.  Vaughan  the  amendment  was  laid 
upon  the  table. 

Mr.  O'Neal  of  Lauderdale  offered  the  following  amend- 
ment to  Article  IV : 

Amend  Section  48,  line  7,  by  striking  out  the  word 
"quadriennially"  and  inserting  in  lieu  thereof  the  word 
'iDiennially"  and  strike  out  the  word  "fifty"  at  the  end 
of  line  10,  and  insert  in  lieu  thereof  the  word  "forty," 

On  motion  of  Mr.  Rogers  of  Sumter  the  amendment 
offered  by  Mr.  O'Neal  of  Lauderdale,  was  laid  upon  the 
table :  Yeas,  93 ;  nays,  31. 

TEAS. 

^Messrs.  President,  Coleman  (Greene), 
Altman,                                 •    Coleman  (Walker), 

Ashcraft,  Cornwell, 

Barefield,  Craig, 

Beavers,  Cunningham, 

Beddow,  Davis  (DeKalb), 

Bethune,  Davis  (Etowah), 

Blackwell,  Dent, 

Boone,  doGraffenried, 

Burnett,  Eley, 

Cardon,  Ferguson, 

Carmichael  (Colbert),  Fletcher, 

Carmichael  (Coffee),  Glover, 

Carnathon,  Grabam  (Talladega), 

Case,  Grant, 

Chapman,  Greer  (Calhoun), 


3520 


Journal  of  Alabama 


Greer  (Perry), 

Pearce, 

Halev, 

Peitus, 

Handley, 

Phillips, 

Harrison, 

IMuuis, 

Heflin  (Chambers), 

Reese, 

Hodges, 

Reynolds   ( Henry ) , 

Howell, 

Rogers  C Sumter), 

Howze, 

Sam  ford, 

Inge, 

Sanders, 

Jackson, 

Searcy, 

Jones  (Bibb), 

Sentell, 

Jones  (Hale), 

Sloan, 

Jones  (Wilcox), 

Smith  (Mobile), 

Knight, 

Smith,  Mac.  A., 

Kvle, 

Smith,  Morgan  M., 

Ledbetter, 

Sorrell, 

Long  (Walker), 

Spragins, 

Lowe  (Lawrence), 

Stewart, 

Macdonald, 

Tayloe, 

McMillan  (Baldwin), 

Vaughan, 

McMillan  (Wilcox), 

Waddell, 

Martin, 

Walker, 

Merrill, 

Weakley, 

Miller  (Marengo), 

Weatherly, 

Miller  (Wilcox), 

White, 

Mulkey, 

Whiteside, 

Norman, 

Williams  (Marengo), 

O'Rear, 

Williams  (Elmore), 

Palmer, 

Wilson  (Clarke), 

Parker  ( Cullman ) , 

Wilson  (Washington) — 93 

Parker  (Elmore), 

NAYS. 

Messrs.  Banks, 

Poshee, 

Bartlett, 

Foster, 

Brooks, 

Freeman, 

Burns, 

Gilmore, 

Byars, 

Graham  (Montgomery), 

Cobb, 

(rrayj^on. 

Duke, 

Heflin  (Randolph), 

Constitutional  Convention.  1521 

HendeiFon,  Porter, 

ELood,  Reynolds  (Chilton), 

Jones  (Montgomery),  Sanford, 

Lomax,  Sijcars. 

Moody,  Thompson, 

Miirphree,  Watts, 

Oates,  Williams  (Barbour), 

O'Neal  (Lauderdale),  Winn — 31. 

Opp, 

Mr.  Howell  offered  the  following  amendment  to  Arti- 
cle IV :  . 

Amend  Section  4:8,  line  10,  by  inserting  the  word 
"^'working''  between  the  words  "sixty"  and  "days;"  also 
in  lines  10  and  11  insert  the  word  "working"  between 
the  words  "fifty"  and  "days." 

On  motion  of  Mr.  Foster  the  amendment  was  laid 
upon  the  table. 

Mr.  Oates  offered  the  following  amendment  to  Article 
IV: 

Amend  Section  102  by  adding  thereto  the  following 
words :  "Within  the  fourth  degree  through  one  ancestor 
of  each  generation  should  be  a  white  person." 

On  motion  of  Mr.  Greer  of  Calhoun,  the  amendment 
was  laid  upon  the  table. 

RECESS. 

Pending  the  furiher  consideration  of  the  report  of  the 
Committee  on  Order,  Consistency  and  Harmony  of  the 
Whole  Constitution,  the  hour  of  1  o'clock  p.  m.  arrived, 
and,  under  the  rules,  the  Convention  recessed  until  3:30 
o'clock  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 
roll  call. 

On  a  call  of  the  roll  of  the  Convention,  the  following 
delegates  answered  to  their  name^,  whicli  constituted  a 
quorum : 

96 


1522 


Journal  of  Alabama 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Byars, 

Cardon, 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cornwell, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gil  more, 

Glover, 

Grahnm  (Talladega), 

Grant, 

Greer  (Calhoun), 

Greer  (Perry), 


Haley, 

Ilandley, 

llarris(/n, 

lleriin  (Randolph), 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jones,  (Bibb), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Lomax, 

Long  (Walker), 

Lowe  ( Lawrence ) , 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Miller  (Marengo), 

:Miller  (Wilcox^ 

Moody, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Pvear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Porter, 

Keese, 

Reynolds  (Henry), 

Rogers  (Lowndes), 

Sanders, 

Sanford, 

Sentell, 

Smith,  Mac.  A., 


COxXSTITUTIOXAL  CONVENTION.  1523 

Smitli,  Morgan  M.  ^^'alker, 

Sorrell,  Watts, 

Spears,  ^^'eaklev, 

Spragins,  Weatlierly, 

Stewart,  \Nliite, 

Tayloe,  \Vliiteside, 

Thompson,  Williams  (Barbour), 

Vauglian,  Wiini — 99. 
Waddell, 

RESOLUTION. 

Mr.  Keese  offered  the  following  resolution: 

Resolution  325 : 

Resolved,  That  when  this  Convention  shall  adjourn 
to-day  at  7  o'elock  p.  m.  it  shall  stand  adjourned  to  meet 
again  at  8  :30  to-night. 

Mr.  Reese  moved  that  the  rules  be  suspended  in  order 
to  consider  the  resolution  immediately. 

The  motion  to  suspend  the  rules  prevailed. 

The  question  recurred  upon  the  adoption  of  the  reso- 
lution. 

The  resolution  was  lost. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Order,  Consistency  and  Harmony  of  the  Whole 
Constitution. 

Mr.  Jones  of  Montgomery  offered  the  following 
amendment  to  Article  IV,  which  was  adopted  : 

Amend  Section  68  of  the  Article  on  Legislative  De- 
partment, by  striking  out  the  period  at  the  end  of  the 
section,  and  inserting  in  lieu  thereof  a  semicolon,  and 
by  inserting  the  following  words  immediately  after  the 
semicolon,  to- wit:  "Nor  prevent  the  Legislature  from 
increasing  or  diminishing,  at  any  time,  the  allowance  to 
Sheriffs  or  other  officers  for  feeding  or  transporting  and 
guarding  prisoners." 

Mr.  Howze  offered  the  following  amendment  to  Arti- 
cle IV : 


1524  Journal  ov  Alahama 

Amend  Section  74,  line  23,  by  striking  out  the  word 
"heretofore''  and  adding  the  words  "prior  to  the  ratifica- 
tion of  the  Constitution  of  1875." 

On  motion  of  Mr.  deGraffenried  tlie  amendment  of- 
fered by  Mr.  Howze  was  laid  upon  the  table. 

Mr.  Weatherly  moved  that  the  word  "other"  in  line 
22,  Section  74,  be  stricken  out. 

The  motion  was  lost. 

Mr.  Coleman  of  Greene  offered  the  following  amend- 
ment to  Article  IV : 

Amend  by  striking  out  Section  110,  on-page  25,  report 
of  Legislative  Department. 

On  motion  of  Mr.  Boone  the  amendment  of  Mr.  Cole- 
man of  Greene  was  laid  upon  the  table. 

Mr.  Jones  of  Wilcox  offered  the  following  amendment 
to  Article  IV : 

Add  at  the  end  of  subdivision  21,  line  3,  page  24,  Local 
Legislation :  "And  laws  heretofore  passed  by  the  Legis- 
lature increasing  the  jurisdiction  of  Justices  of  the 
Peace  in  Wilcox  county  are  hereby  repealed." 

On  motion  of  Mr.  Walker  the  amendment  offered  by 
Mr.  Jones  of  Wilcox  was  laid  upon  the  table. 

On  motion  of  Mr.  White  Article  IV,  as  amended, 
was  adopted. 

Suj^plemental  report  of  the  Committee  on  Order,  Con- 
sistency and  Harmony  of  the  Whole  Constitution. 
Mr.  President: 

Your  Committee  on  Order,  Consistency  and  Harmony 
of  the  Whole  Constitution,  for  the  reasons  hereinbelow 
stated,  have  instructed  me  to  make  the  following  sup- 
jDlemental  report: 

The  jorovision  that  Sheriffs  shall  hold  their  oflftce  for 
a  term  of  four  years,  together  with  the  fact  that  the 
Sheriffs  who  are  elected  in  the  year  1900  would,  with- 
out some  amendments,  put  the  election  of  Sheriffs  at  a 
time  other  than  that  at  which  all  other  county  officers 
are  elected. 

The  committee  have  accordingly  inserted  at  the  end 
of  the  first  sentence  of  Section  188,  the  following  pro- 
viso :  "Provided,  That  the  Sheriffs  elected  in  the  year 


Constitutional  Convention.  1525 

1904  shall  hold  their  offices  for  a  term  of  six  years,  un- 
less sooner  removed. 
Respectfully  submitted, 

Frank  S.  White,  Chairman. 

ARTICLE  V. 

EXECUTIVE  department. 

Was  read  at  length  as  follows : 
ARTICLE  V. 

executive  department. 

112.  The  Executive  Department  shall  consist  of  a 
Grovernor,  Lieutenant  Grovernor,  Attorney  General, 
State  Auditor,  Secretary  of  State,  State  Treasurer,  Su- 
perintendent of  Education,  Commissioner  of  Agricul- 
ture and  Industries,  and  a  Sheriff  for  each  county. 

113.  The  supreme  executive  power  of  this  State 
shall  be  vested  in  a  chief  magistrate,  who  shall  be  styled 
"the  G-overnor  of  the  State  of  Alabama." 

114.  The  Governor,  Lieutenant  Governor,  Attorney 
G-'  neral,  State  Auditor,  Secretary  of  State,  State  Treas- 
urer. Superintendent  of  Education  and  Commissioner  of 
Agricnlture  and  Industries,  shall  be  elected  by  the 
qualified  electors  of  the  State  at  the  same  time  and 
places  appointed  for  the  election  of  members  of  the 
Legislature  in  the  year  1902,  and  in  every  fourth  year 
thereafter. 

115.  The  returns  of  every  election  for  Governor, 
Lieutenant  Governor,  Attorney  General,  State  Auditor, 
Secretary  of  State,  State  Treasurer,  Superintend- 
ent of  Education  and  Commissioner  of  Agricul- 
ture and  Industries  shall  be  sealed  up  and  trans- 
Emitted  bv  tiie  returning  officers  to  the  sent  of  government, 
directed  to  the  Speaker  of  the  Ilonse  of  Representatives, 
who  shall,  during  the  first  week  of  tlie  session  to  which 
such  returns  shall  be  made,  open  and  pnblish  them  in  the 
presence  of  both   houses    of    the    Legislature  in  joint 


1526  Journal  of  Alabama 

convention;  but  the  Speaker's  duty,  and  the  duty 
of  the  joint  convention  sliall  be  purely  ministerial.  The 
result  of  the  election  shall  be  ascertained  and  declared 
by  the  speaker  from  the  face  of  the  returns 
without  delay.  The  person  having  the  highest  number 
of  votes  for  any  one  of  said  offices  shall  be  declared  duly 
elected ;  but  if  two  or  more  persons  shall  have  an  equal 
and  the  highest  number  of  votes  for  the  same  office,  the 
Legislature  by  joint  vote,  without  delay,  shall  choose  one 
of  said  persons  for  said  office.  Contested  elections  for 
Governor,  Lieutenant  Governor,  Attorney  General,  State 
Auditor,  Secretary  of  State,  State  Treasurer,  Superin- 
tendent of  Education,  and  Commissioner  of  Agriculture 
and  Industries  shall  be  determined  l\y  both  Houses  of  the 
Legislature  in  siu-h  manner  as  may  be  prescribed  by  law. 
110.  The  Governor,  Lieutenant  Governor,  Attorney 
General,  State  Auditor,  Seci-etary  of  State,  State  Treas- 
urer, Superintendent  of  Education  and  Commissioner  of 
Agriculture  and  Industries  elected  after  the  ratification 
of  this  Constitution,  shall  hold  their  respective  offices 
for  the  term  of  four  years  from  the  first  ^Monday  after 
the  second  Tuesday  in  Januarj^  next  succeeding  their 
election,  and  until  their  successors  shall  be  elected  and 
qualified.  After  the  first  election  under  this  Constitu- 
tion no  one  of  said  officers  shall  be  eligible  as  his  own 
successor;  and  the  (xovernor  shall  not  be  eligible  to  elec- 
tion or  appointment  to  any  office  under  this  State  or  to 
the  Senate  of  tlie  Ignited  States,  during  his  term,  and 
within  one  year  after  the  expiration  thereof. 

117.  The  Governor  and  Lieutenant  Governor  shall 
each  be  at  least  thirty  years  of  age  when  elected,  and 
shall  have  l)een  citizens  of  the  United  States  ten  years 
and  resident  citizens  of  this  State  at  least  seven  years 
next  before  the  date  of  their  election.  The  Lieutenant 
Governor  shall  be  ex-officio  President  of  the  Senate, 
but  shall  have  no  right  to  V(ite  except  in  the  event  of  a 
tie. 

118.  The  Governor,  Lieutenant  Governor,  Attorney 
General,  State  Auditor,  Sc^cretary  of  State,  State  Treas- 
urer, Sujx'i'intendcut  of  Education,  and  Commissioner 
of  Agriculture  and  Industries  sliall  receive  com])eusation 


Constitutional  Convention.  1527 

to  be  fixed  by  biw,  wbich  sliall  not  be  increased  or  diniin- 
islied  dnrinj;-  tlie  term  for  whicli  tlie^^  sliall  liave  been 
tdeeted,  and  sliall,  except  the  Lieutenant  (Tovernor,  re- 
side at  the  State  Capital  during-  the  time  they  continue 
in  office,  except  during'  epidemics.  The  compensation  of 
the  Lieutenant  (lovernor  shall  be  the  same  as  that  re- 
ceived by  the  S})eaker  of  the  House,  except  while  serv- 
ing as  Governor,  during  which  time  his  compensation 
sliall  be  the  same  as  that  allowed  the  Governor. 

119.  If  the  Legislature,  at  the  session  next  after  the 
ratification  of  tliis  Constitution,  shall  enact  a  law  in- 
creasing the  salary  of  the  Governor,  such  increase  shall 
become  effective  and  apply  to  the  first  Governor  elected 
after  the  ratification  of  this  Constitution,  if  the  Legis- 
latui'c  shall  so  determine. 

120.  The  Governor  shall  take  care  tlmt  the  laws  be 
faithfully  executed. 

121.  The  GoYernor  may  require  information  in 
writing,  under  oath,  from  the  officers  of  the  Executive 
Department  named  in  this  article,  or  created  by  statute, 
on  any  subject  relating  to  the  duties  of  their  respective 
offices;  and  lie  may  at  any  time  require  information  in 
writing,  under  oath,  from  all  officers  and  managers  of 
State  institutions,  upon  any  subject  relating  to  the  con- 
dition, management,  and  expenses  of  their  respective 
offices  and  institutions.  Any  such  officer  or  manager 
who  makes  a  wilfully  false  report,  or  fails  without  suffi- 
cient excuse  to  make  such  report  on  demand,  is 
guilty  of  an  impeachable  offense. 

122.  The  Governor  may,  l)y  proclamation  on  ex- 
traordinary occasions,  convene  the  Legislature 
at  the  seat  of  government,  or,  at  a  different  place,  if 
since  their  last  adjournment,  that  shall  have  become 
dangerous  from  an  enemy,  insurrection,  or  other  lawless 
ontln'pak,  or  from  any  infectious  or  contagious  disease; 
be  shall  state  specifically  in  such  proclamation  each 
matter  concerning  which  the  action  of  that  body  is 
deemed  necessary. 

123.  The  Governor  shall,  from  time  to  time, 
give  to  the  Legislature  information  of  the  state  of  the 
tiovernnumt,  and  i-ecommend  for  its  consideration  such 


1528  Journal  of  Alabama 

measures  as  he  may  deem  expedient;  and  at  the  com- 
mencement of  each  regular  session  of  the  Legis- 
lature, and  at  the  close  of  his  term  of  oflflce,  give  in- 
formation, by  written  message,  of  the  condition  of  the 
State;  and  he  shall  account  to  tlie  Legislature,  as 
may  be  prescribed  by  law,  for  all  moneys  received  and 
paid  out  by  him,  or  by  his  order ;  and,  at  the  commence- 
ment of  each  regular  session,  he  shall  present  to  the 
Legislature  estimates  of  the  amount  of  money  re- 
quired to  be  raised  by  taxation  for  all  purposes. 

124.  The  Governor  shall  "have  power  to  remit  fines 
and  forfeitures,  under  such  rules  and  regulations  as 
may  be  prescribed  by  law;  and,  after  conviction,  to 
grant  reprieves,  paroles,  commutations  of  sentence  and 
pardons,  except  in  cases  of  impeachment.  The 
Attorney  General,  Secretary  of  State  and  State 
Auditor  shall  constitute  a  Board  of  Pardons,  who 
shall  meet  on  the  call  of  the  Governor,  and  before  whom 
shall  be  laid  all  recommendations  or  petitions,  for  par- 
don or  commutations  or  paroles,  in  cases  of  felony ;  and 
the  Board  shall  hear  them  in  open  session,  and  give 
their  opinion  thereon  in  writing  to  the  Governor,  after 
which  or  on  the  failure  of  the  board  to  advise  for  more 
than  60  days  the  Governor  nmy  grant  or  refuse  the  com- 
mutation, parole  or  pardon,  as  to  him  seems  best  for 
the  public  interest.  He  shall  communicate  to  the 
Legislature  at  each  session,  every  remission  of 
fines  and  forfeitures  and  every  reprieve,  com- 
mutation, parole,  or  pardon,  with  his  reasons  there- 
for, and  the  opinion  of  the  Board  of  Pardons  in  each 
case  required  to  be  referred;  stating  the  name  and  crime 
of  the  convict,  the  sentence,  its  date,  and  the  date  of  re- 
prieve, commutation,  parole  or  pardon.  Pardons  in 
cases  of  felony  and  other  offenses  involving  moral  turpi- 
tude, shall  not  relieve  from  civil  and  political  disabili- 
ties, unless  approved  by  the  Board  of  Pardons  and  spe- 
cifically expressed  in  the  pardon. 

125.  Every  lull  which  shall  have  passed  both  Houses 
of  the  Legislature,  exce])t  as  otherwise  provided  in  this 
Constitution,  shall  be  presented  to  the  Governor;  if  he 
approve,    he    shall     sign    it;    but     if    not,     he     shall 


Constitutional  Convention.  152^ 

return  it,  with  his  objections,  to  the  House  in 
which  it  originated,  which  shall  enter  the  ob- 
jections at  large  upon  the  Journal,  and  proceed  to  re- 
consider it.  If  the  Governor's  message  proposes  no 
amendment  which  would  remove  his  objections  to  the 
bill,  the  House  in  which  the  bill  originated  may 
proceed  to  reconsider  it,  and  if  a  majority  of  the  whole 
number  elected  to  that  House  vote  for  the  passage  of  the 
bill,  it  shall  be  sent  to  the  other  House,  which 
shall,  in  like  manner,  reconsider,  and  if  a  majority  of 
the  whole  number  elected  to  that  House  vote  for  the 
passage  of  the  bill  the  same  shall  become  a  law,  notwith- 
standing the  Governor's  veto.  If  the  Governor's 
message  proposes  amendment  which  would  remove 
his  objections,  the  House  to  which  it  is  sent 
may  so  amend  the  bill  and  send  it  with  the 
Governor's  message  to  the  other  House,  which  may 
adopt,  but  cannot  amend  said  amendment;  and  both 
Houses  concurring  in  the  amendment,  the  bill  shall 
again  be  sent  to  the  Governor,  and  acted  on  b}^  him  as 
other  bills.  If  the  House  to  which  the  bill  is  re- 
turned refuses  to  make  such  amendment,  it  shall  proceed 
to  reconsider;  and  if  a  majority  of  the  whole  number 
elected  to  that  House,  shall  vote  for  the  passage  of  the 
bill,  it  shall  be  sent  with  the  objections  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  a  majority  of  the  whole  number  elected  to 
that  House  it  shall  become  a  law.  If  the  House  to  which 
the  bill  is  returned  makes  the  amendment  and  the  other 
House  declines  to  pass  the  same,  that  House  shall  pro- 
i-'eed  to  reconsider,  as  though  the  bill  had  originated 
therein,  and  such  proceedings  shall  be  taken  thereon  as 
above  provided.  In  every  such  case  the  vote  of  both 
Houses  shall  be  determined  by  yeas  and  nays  and  the 
names  of  the  members  voting  for  or  against  the  bill  shall 
be  entered  upon  the  Journals  of  each  House  respectively. 
If  any  bill  shall  not  be  returned  by  the  Governor  within 
six  days,  Sundays  excepted,  after  it  sliall  }mve  been  pre- 
sented, the  same  shall  become  a  law  in  like  manner  as 
if  he  had  signed  it,  unless  the  Legislature,  by 
its     adjournment,     prevent     the     return,     in     which 


1530  Journal  of  Alabama 

case  it  shall  not  be  a  law;  but  when  return  is  prevented 
bj  recess  such  bill  must  be  returned  to  the  House  in 
which  it  originated  within  two  days  after  reassembling 
otherwise  it  shall  become  a  law ;  but  bills  presented  to 
the  Governor  A\ithin  five  days  before  the  final  adjourn- 
ment of  the  Legislature  may  be  approved  by  tlie  Gover- 
nor at  any  time  within  ten  days  after  such  adjourn- 
ment, and  if  approved  and  deposited  A\'ith  the  Secretary 
of  State  within  that  time,  shall  become  a  law.  Every  vote, 
order  or  resolution  to  which  concurrence  of  both  Houses 
may  be  necessary,  except  on  (questions  ot  adjourn- 
ment, and  the  bringing  on  of  elections  by  the  two  Houses, 
and  amending  this  Constitution,  shall  be  presented  to 
the  Governor;  and  before  the  same  shall  take  effect,  be 
approved  by  him;  or,  being  disapproved,  shall  be  re- 
passed by  both  Houses,  according  to  the  rules  and  limi- 
tations  prescribed  in  the  case  of  a  bill. 

126.  The  Governor  shall  have  power  to  approve 
or  disapprove  any  item  or  items  of  any  approi)riation 
bill  embracing  distinct  items,  and  tlie  part  or 
parts  of  the  bill  approved  shall  be  the  law ;  and  the  item 
or  items  disapproved  shall  be  void,  unless  repassed,  ac- 
cording to  the  rules  and  limitations  prescribed  for  the 
passage  of  bills  over  the  Executive  veto;  and  he 
shall  in  writing,  state  specifically  the  item  or  items  he 
disapproves,  setting  the  same  out  in  full  in  his 
message;  but  in  such  case,  the  enrolled  bill  shall  not  be 
returned  with  the  Governor's  objection. 

127.  In  case  of  the  Governor's  removal  from  office, 
death  or  resignation,  the  Lieutenant  Governor  shall  be- 
come Governor.  If  both  the  Governor  and  Lieutenant 
Governor  be  removed  from  office,  die  or  resign 
more  than  sixty  days  prior  to  the  next  general  elec- 
tion for  members  of  the  Legislature,  the  Governor  and 
Lieutenant  Governor  shall  be  elected  at  such  elec- 
tion for  the  unexpired  term,  and  in  the  event 
of  a  vacancy  in  the  office,  caused  by  the  removal  from 
office,  death  or  resignation,  of  the  Governor  and  the 
Lieutenant  Governor,  pending  such  vacancy  and  until 
their  successors  shall  be  elected  and  qualified,  the  office; 
of  Governor  shall  be  held  and  administered  bv  either 


Constitutional  Convention.  1581 

the  President  pro  tern  of  the  Senate,  Speaker  of  the 
House  of  Kepresentatives,  Attorney  (Jeneral,  State  Andi- 
tor,  Secretary  of  State,  or  State  Treasurer  in  tlie  order 
herein  named.  In  case  of  tlie  impeachment  of  the  Grover- 
nor,  his  absence  from  the  State  for  more  than 
twenty  days,  unsoundness  of  mind,  or  other  dis- 
ability, the  power  and  authority  of  the  office' 
shall  until  the  Governor  is  acquitted,  returns  to  tlie 
State,  or  is  restored  to  his  mind,  or  relieved  from  other 
disability,  devolve  in  the  order  lier<Mn  nanuMl,  upon  the 
Lieutenant  (lovernor,  President  pro  tern  of  the  Senate, 
Speaker  of  the  House  of  Representatives,  Attorney  Gen- 
eral, State  Auditor,  Secretary  of  State,  and  State  Treas- 
urer; if  RTij  of  these  officers  be  under  any  of  the  disa- 
bilities herein  specified,  the  office  of  Governor  shall  be 
administered  in  tlie  order  named  by  such  of  these  officers 
as  may  be  free  from  such  disability.  If  the  Governor 
«<hall  be  al)sent  from  the  State  over  twenty  days,  the 
Secretaiw  of  State  shall  notify  the  Lieutenant  Governor, 
who  sluill  enter  upon  the  duties  of  Governor;  if  l)otli  the 
Govei-nor  and  Lieutenant  Governor  sluill  be  absent  from 
the  State  for  over  twenty  days,  the  Secretary  of  State 
shall  notify  the  l*resident  itro  teni  of  the  Senate,  who 
shall  enter  upon  tlie  dut'es  of  Governor,  and  so  on,  in 
ease  of  such  absence,  he  shall  notify  each  of  the  other 
■officers  naiiicd  in  their  order,  who  sliall  discliarue  the 
duties  of  the  office  until  the  Governor  or  other  officer  en- 
titled to  administer  the  office  in  succession  to  tlie  Gov- 
ernor returns.  If  the  Governor-elect  fail  or  refuse  from 
any  cause  to  (puilify,  the  Lieutenant  Governor  shall 
<|ualify  and  ex(U'cise  th.e  duties  of  Governor  until  the 
(rovernor-elect  (|ualifies;  and,  in  the  event  both  the  Gov- 
ernor-elect and  the  Lieutenant  Governor-elect  frtuu  any 
cause  fail  to  (pmlify  the  President  pro  tem  of  the  Senate, 
the  Siteaker  of  the  Honse  of  lve])resentatives,  the  At- 
torney General,  State  Auditor,  Secretarv  of  State,  and 
St'ite  Treisnier  shall  in  like  manner,  in  the  order 
named,  j^lminister  the  office,  until  the  Governor-elect  or 
Lieutenant-Governor-elect  (]ualifles. 

128.     If  the  Governor  or  other  officer  administering^ 
the  office  shall  appear  to  l)e  of  nnsouud  mind,  it  shall  be 


1532  Journal  of  Alabama 

the  duty  of  the  Suijreme  Court  of  Alabama,  at  any  regu- 
lar term,  or  at  any  special  term,  which  it  is  hereby 
authorized  to  call  for  that  jjurpose,  upon  request  in  writ- 
ing, verified  by  their  affidavits,  of  au}-  two  of  the  officers 
named  in  Section  127  of  this  Constitution,  not  next  in 
succession  to  the  office  of  Governor,  to  ascertain  the 
mental  condition  of  the  Governor  or  other  officer  ad- 
ministering the  office,  and  if  he  is  adjudged  to  be  of  un- 
sound mind,  to  so  decree,  a  copy  of  which  decree,  duly 
certified,  shall  be  filed  in  the  office  of  the  Secretary  of 
State;  and  in  the  event  of  such  adjudication  it  shall  be 
the  duty  of  the  officer  next  in  succession  to  perform  the 
duties  of  the  office  until  the  Governor  or  other  officer  ad- 
ministering the  office  is  restored  to  his  mind.  If  the  in- 
cumbent denies  that  the  Governor  or  other  person  en- 
titled to  administer  the  office  has  been  restored  to  his 
mind,  the  Supreme  Court,  at  the  instance  of  any  officer 
named  in  Section  127  of  this  Constitution,  shall  ascer- 
tain the  truth  concerning  the  same,  and  if  the  officer 
has  been  restored  to  his  mind,  shall  so  adjudge  and  file 
a  duly  certified  copy  of  its  decree  with  the  Secretary  of 
State  and  in  the  event  of  such  adjudication  the  office 
shall  be  restored  to  liim.  The  Supreme  Court  shall  pre- 
scribe tlie  method  of  taking  testimony  and  the  rules  of 
practice  in  such  proceedings,  which  rules  shall  include 
a  provision  for  the  service  of  notice  of  such  proceedings 
on  the  Governor  or  person  acting  as  Governor. 

129.  The  Lieutenant  Governor,  President  pro  tem 
of  the  Senate,  Speaker  of  the  House,  Attorney  General, 
State  Auditor,  Secretary  of  State,  or  State  Treasurer, 
while  administering  the  office  of  Governor,  shall  receive 
like  compensation  as  that  ])rescribed  by  law  for  the  Gov- 
ernor, and  no  other. 

130.  No  person  shall  at  the  same  time  hold  the  office 
of  Governor,  and  any  other  office,  civil  or  military,  under 
this  State  or  the  United  States,  or  any  other  State  or 
government,  except  as  otherwise  provided  in  this  Con- 
stitution. 

131.  The  Governor  shall  be  commander  in  chief 
of  the  militia  and  volunteer  forces  of  tliis  State,  except 
when  they  shall  be  called  into  the  service  of  the  United 


Constitutional  Convention.  1533 

States;  and  he  may  call  out  the  same  to  execute  the 
laws,  suppress  insurrection,  and  repel  invasion ;  but  need 
not  command  in  person  unless  directed  to  do  so  by  reso- 
lution of  the  Legislature ;  and  when  acting  in  the  service 
of  the  United  States  he  shall  appoint  his  staff,  and  the 
Legislature  shall  fix  his  rank. 

132.  No  person  shall  be  eligible  to  the  office  of  Attor- 
ney General,  State  Auditor,  Secretary  of  State,  State 
Treasurer,  Superintendent  of  Education,  or  Commis- 
sioner of  Agriculture  and  Industries  unless  he  shall 
have  been  a  citizen  of  the  United  States  at  least  seven 
years,  and  shall  have  resided  in  this  State  at  least  five 
yeais  next  preceding  his  election,  and  shall  be  at  least 
twenty-five  years  old  when  elected. 

133.  There  shall  be  a  seal  of  the  State,  which 
«hall  be  used  officially  by  the  Governor,  and  the  Seal 
now  in  use  shall  continue  to  be  used  until  another  shall 
have  been  adopted  by  the  Legislature.  The  seal  shall 
he  called  ''The  Great  Seal  of  the  State  of  Alabama." 

131.  The  Secretary  of  State  shall  be  the  custodian  of 
the  Great  Seal  of  the  State,  and  shall  authenticate  there- 
with all  official  acts  of  the  Governor,  except  his  ap- 
l^roval  of  laws,  resolutions,  appointments  to  office  and 
administrative  orders.  He  shall  keep  a  register  of  the  offi- 
cial acts  of  the  Governor,  and  when  necessary,  shall  at- 
test them,  and  lay  copies  of  same,  together  with  copies 
of  all  papers  relative  thereto,  before  either  House  of  the 
Legislature,  when  required  to  do  so,  and  shall  perform 
such  other  duties  as  may  be  prescribed  by  law. 

135.  All  grants  and  commissions  shall  be  issued 
in  the  name  and  by  the  authority  of  the  State  of  Ala- 
bama, sealed  with  the  Great  Seal  of  the  State,  signed 
by  the  Governor,  and  countersigned  by  the  Secretary  of 
State. 

136.  Should  the  office  of  Attorney  General,  State 
Auditor,  Secretary  of  State,  State  Treasurer,  Superin- 
tendent of  Education,  or  Commisisoner  of  Agriculture 
and  Industries  become  vacant  from  any  cause,  the  Gov- 
ernor shall  fill  such  vacancy  until  the  disability  is  re- 
moved or  a  successor  elected  and  qualified.  In  case  any 
of  said  officers  shall  become  of  unsound  mind,  such  un- 


153-1  Journal  oi^  Aiap.ama 

soundness  shall  be  ascertained  by  the  Supreme  Court 
upon  the  suggestion  of  the  Governor. 

137.  The  Attorney  General,  State  Auditor,  Secretary 
of  State,  State  Treasurer,  Superintendent  of  Education^ 
and  Commissioner  of  Agriculture  and  Industries  shall 
perform  such  duties  as  may  be  prescribed  by  law.  The 
State  Treasurer  and  State  Auditor  shall  every  year,  at 
a  time  fixed  by  tlie  Legislature,  make  a  full  and  com- 
plete report  to  the  Governor,  showing  the  receipts  and 
disbursements  of  every  character,  all  claims  audited  auii 
paid  out,  hy  items,  and  all  taxes  and  revenues  collected 
and  paid  into  the  treasury,  and  the  sources  thereof. 
They  shall  make  reports  oftener  upon  any  matters  per- 
taining to  their  offices  if  recjuired  by  the  Governor  or  the 
Legislature.  The  Attorney  General,  State  Auditor,  Sec- 
retary of  State,  State  Treasurer,  and  (Jommissioner  of 
Agriculture  and  Industries  shall  not  receive  to  their 
use  any  fees,  costs,  percpiisite^s  of  office  or  other  com- 
13ensation  than  the  salaries  prescribed  by  law,  and  all 
fees  that  may  be  paj^able  for  any  services  performed  b'^' 
such  officers  shall  be  at  once  paid  into  the  State  Treas- 
ury. 

138.  A  Sheriff  shall  be  elected  in  each  county  by 
the  qualified  electors  thereof,  who  shall  hold  office 
for  a  term  of  four  years,  unless  sooner  removed,  and 
he  shall  be  ineligible  to  such  office  as  his  own  successor; 
provid(Ml,  that  the  Sheriffs  elected  in  tlie  year  1004  shall 
hold  office  for  a  term  of  six  years  unless  sooner  removed. 
Whenever  any  prisoner  is  taken  from  jail  or  fro«i  the 
custody  of  the  Sheriff,  or  his  deputies,  and  put  to  death, 
or  suffers  grievous  bodily  harm,  owing  to  the  neglect, 
connivance,  cowardice  or  other  grave  fault  of  the  Sheriff, 
such  Sheriff  may  be  impeached  under  Section  174  of  this 
Constitution.  If  the  Sheriff  be  impeached  and  thereup- 
on convicted  he  shall  not  be  eligible  to  hold  any  office  in 
tills  State  durinu  tite  tnne  for  wliich  he  had  been  elected 
to  serve  as  Sheriff'. 

^Ir.  Jones  of  Montgomery  offVred  the  following  amend- 
ment to  Article  V  : 

Autcnd  Section  138  of  the  Article  on  Executive  I -v-^- 
partment  as  rc])ortr-d  by  the  Committee  on  Order,  f\m 


Constitutional  Convention. 


1535- 


sistencY  and  Harmony  of  the  Whole  Constitution,  as  fol- 
lows: Strike  out  the  words  "and  he  shall  be  ineligible  to 
snch  ofiice  as  his  own  snceessor,"  in  lines  18  and  19, 
and  insert  in  lien  thereof  the  following  words,  to- wit: 
"Who  maj^  sneceed  himself,  bnt  shall  not  hold  such  of- 
fice for  nnn'e  than  two  of  any  three  consecntive  terms." 
Insert  after  the  word  "Constitution,"  in  the  22nd  line 
of  page  35  of  printed  rei>ort  and  before  tlu^  word  "if 
therein,  the  words  "and  the  Governor,  when  satisfied, 
after  hearing  the  Sheriff,  that  he  should  be  impeached, 
may  suspend  him  from  office  until  the  impeachment  pro- 
ceedings are  terminated."  Amend  further  by  striking 
out  the  period  after  the  word  "Constitution,"  and  in- 
serting a  semicolon  in  lieu  of  the  period. 

]Mr.  Coleman  of  Greene  moved  to  table  the  amendment 
offered  by  jNfr.  Jones  of  Montgomery. 

The  motion  was  lost :  Yeas,  60 ;  nays,  62. 

YEAS. 


Messrs.  President, 

Altman, 

Ash  era  ft. 

Banks, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Browne, 

Carnathon, 

Chapman, 

Cofer, 

Coleman  (Greene)j 

Cunningham, 

Davis  (beKalb), 

Davis  (Etowah), 

Dent, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 


Grant, 
Grayson, 
Handley, 
IT'irrison, 
Hood, 
Howze, 
Jackson, 
Jones  (Bibb), 
Kyle, 

Lowe  (Lawrence), 
^McMillan  (Baldwin),. 
"  McMillan  (Wilcox), 
Martin, 
.Alerrill, 

.Aliller   (Wilcox), 
Murphree, 
Norman, 
Gates, 

]*:irker  (Cullman) ^ 
Phillips, 
Porter, 


1536 


Journal  of  Alabama 


Reynolds  (Ilenry), 

liOgers  ( Lowndes ) , 

Sanford, 

Sloan, 

Smith,  Mac.  A., 

Smith,  Morgan  M. 

Spears, 

Spragins, 

Stewart, 


Thompson, 

Walker, 

Watts, 

Weakley, 

AVhite, 

Whiteside, 

Williams  (Barbour), 

Williams  (Elmore), 

Winn— 60. 


NAYS. 


Messrs.  Barefield, 

Bartlett, 

Beavers, 

Boone, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Case, 

Cobb, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Howell, 

Inge, 


Jones  (Hale), 

Jones  (Montgomery), 
Jones  (AYilcox), 
Knight, 
Lomax, 

Long  (Walker), 
Mardonald, 
Miller   (Marengo), 
^Nloody, 
NeSmith, 
Norman, 

O'Neal  (Lauderdale), 
O'Neill  (Jefferson), 
Opp, 
O'Rear, 
Palmer, 

Parker  (Elmore), 
Pearce, 
Pettus, 
Pillans, 
Reese, 

Rogers  (Sumter), 
Samford, 
Sanders, 
Searcy, 
Selheimer, 
Sentell, 
Sorrell, 


Constitutional  Convention. 


1637 


Studdard, 
Tayloe, 
Vanc^han, 
Waddell, 


Weatherly, 
^Villiams  (Marengo), 
Wilson  (Clarke)— 62 


The  question  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Jones  of  Montgomery. 

A  division  of  the  question  was  demanded. 

The  question  was  upon  the  first  part  of  the  amend- 
ment relative  to  Sheriffs  being  ineligible  to  succeed 
themselves,  and  inserting  in  lieu  of  the  same  the  words 
^'who  may  succeed  himself,  but  shall  not  hold  such  office 
for  more  than  two  of  any  three  consecutive  terms." 

The  first  part  of  the  amendment  was  lost:  Yeas,  55; 
nays,  64. 


Messrs.  Barefield, 

Beavers, 

Boone, 

Burns, 

Cardon, 

Carmichael  (Colbert), 

Cobb, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

FergiEon, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Greer  (Calhoun), 

Greer  (Perry), 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Howell, 

Inge, 

Jones  (Hale), 

Jones  (Montgomery), 

97 


YEAS. 

Jones  (Wilcox), 

Knight, 

Lomax, 

Long  (Walker), 

Lowe  (Lawrence), 

Maedonald, 

^Miller  (Marengo), 

Moody, 

NeSmith, 

Norwood, 

O'Neal  (Lauderdale), 

O'Rear, 

Palmer, 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Reese, 

Rogers  (Sumter), 

Sanders, 

Searcy, 

Selheimer, 

Sentell, 

Tayloe, 


1538 


Journal  of  Alabama 


Vaiiglian, 
Wacidell, 
Weatherly, 


Williams  ( Marengo )> 
Wilson  (Clarke)— 55, 


NAYS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Bartlett, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Browne, 

Byars, 

Carnatlion, 

Case, 

Chapman, 

Cofer, 

Coleman  (Greene), 

Coleman  (Walker), 

Cunningham, 

Davis  (DeKalb), 

Dent, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Grant, 

Grayson, 

Handley, 

Harrison, 

Hood, 

Howze, 

Jackson, 


Jones  (Bibb), 

Kyle, 

McjNIillan  (Baldwin), 

McMillan  (Wilcox), 

Martin, 

Merrill, 

Miller  (Wilcox), 

Murphree, 

Norman, 

Gates, 

Parker  (Cullman), 

Phillips, 

Porter, 

Reynolds  (Henry), 

Rogers  (Lowndes), 

Sanford, 

Sloan, 

Siiiitl!,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Thompson, 

Walker, 

AYatts, 

Weakley, 

White, 

Whiteside, 

Williams   (Barbour), 

Williams  (Elmore), 

Winn— 64. 


Constitutional  Convention. 


1539 


reconsideration. 

Mr.  Heflin  of  Chambers  gave  notice  that  on  to-mor- 
row he  would  move  to  reconsider  the  vote  by  which  the 
first  part  of  the  amendment  was  lost, 

Mr.  Jones  of  Montgomery  asked  unanimous  consent 
that  he  be  allowed  to  withdraw  the  latter  part  of  his 
.amendment. 

Objection  was  made. 

Mr.  Reese  moved  to  suspend  the  rules  in  order  to  al- 
low Mr.  Jones  of  Montgomery  to  withdraw  the  latter 
part  of  the  amendment. 

The  motion  was  lost. 

The  question  recurred  upon  the  adoption  of  the  latter 
part  of  the  amendment  offered  by  Mr.  Jones  of  Mont- 
gomery. 

The  motion  was  lost :  Yeas,  12 ;  nays,  107. 

YEAS. 


Messrs.  Bartlelt, 

Boone, 

Byars, 

Cofer, 

Foshee, 

Freeman, 


IIowzc, 

Oates, 

Porter, 

Reynolds  (Henry), 

Sloan, 

Waddell— 12. 


NAYS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Brooks, 

Browne, 

Burns, 

Cardon, 


Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Case, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 


1540 


Journal  of  Alabama 


Duke, 

NeSmith, 

Eley, 

Norman, 

Eyster, 

Norwood, 

Ferguson, 

O'Neal  (Lauderdale), 

Fletcher, 

O'Neill  (Jefferson), 

Foster, 

Opp, 

Gilmore, 

O'Rear, 

Glover, 

Palmer, 

Graham  ( Montgomery ) , 

Parker  (Cullman), 

Graham  (Talladega). 

Parker  (Elmore), 

Grant, 

Pearce, 

Grayson, 

Pettus, 

Greer  (Calhoun), 

Pillans, 

Greer  (Perry), 

Keese, 

Haley, 

Rogers  (Lowndes), 

Handley, 

Rogers  (Sumter), 

Harrison, 

Samford, 

Heflin  (Chambers), 

Sanders, 

Heflin  (Randolph), 

Sanford, 

Henderson, 

Searcy, 

Hood, 

Sentell, 

Howell, 

Smith,  Mac.  A., 

Inge, 

Smith,  Morgan  M., 

Jackson, 

Sorrell, 

Jones  (Bibb), 

Spears, 

Jones  (Montgomery), 

Spragins, 

Jones  (Wilcox), 

Stewart, 

Knight, 

Tayloe, 

Kyle, 

Thompson, 

Lom'?ix, 

Vaughan, 

Long  (Walker), 

Walker, 

Lowe  (Lawrence), 

Watts, 

Macdonald, 

Weakley, 

McMillan  (Baldwin), 

White, 

McMillan  (Wilcox), 

Whiteside, 

Martin, 

Williams  (Barbour), 

Merrill, 

Williams  (Marengo), 

Miller  (Marengo), 

Williams  (Elmore), 

INIiller  (Wilcox), 

Wilson  (Clarke), 

Moody, 

Winn— 107. 

Murphree, 

Constitutional  Convention.  1541 

On  motion  of  Mr.  White,  Article  V.  was  adopted. 
ARTICLE  VI. 

JUDICIAL   DEPARTMENT. 

Was  read  at  lengtli  as  follows: 
ARTICLE  VI. 

JUDICIAL   DEPARTMENT. 

139.  The  judicial  powers  of  the  State  shall  be 
vested  in  the  Senate  sitting  as  a  court  of  impeachment, 
a  Supreme  Court,  Circuit  Courts,  Chancery  Courts, 
Courts  of  Probate,  such  courts  of  law  and  equity  infer- 
ior to  the  Supreme  Court,  and  to  consist  of  not  more 
than  five  members,  as  the  Legislature  from  time 
to  time  may  establish,  and  such  persons  as  may  be  by  law 
invested  with  powers  of  a  judicial  nature;  but  no  court 
of  general  jurisdiction,  at  law  or  in  equity,  or  both, 
shall  hereafter  be  established  in  and  for  any  one  county 
having  a  population  of  less  than  20,000,  according  to 
the  next  preceding  Federal  census,  and  propeity  as- 
sessed for  taxation  at  a  less  valuation  than  |3,500,000. 

140.  Except  in  cases  otherwise  directed  in  this 
Constitution,  the  Supreme  Court  shall  have  appellate 
jurisdiction  only,  which  shall  be  coextensive  with  the 
State,  under  such  restrictions  and  regulations,  not  re- 
pugnant to  this  Constitution,  as  may  from  time  to  time 
be  prescribed  by  law,  except  where  jurisdiction  over  ap- 
peals is  vested  in  some  inferior  court,  and  made  final 
therein;  provided,  that  the  Supreme  Court  shall  have 
power  to  issue  writs  of  injunction,  habeas  corpus,  quo 
warranto,  and  such  other  remedial  and  original  writs  as 
may  be  necessary  to  give  it  a  general  superintendence 
and  control  of  inferior  jurisdictions. 

141.  The  Supreme  Court  shall  l)e  held  at  the  seat 
of  government,  but  if  that  shall  become  dangerous  from 
any  cause,  it  may  convene  at  or  adjourn  to  another 
place. 


1542  Journal  of  Alabama 

142.  Except  as  otherwise  authorized  in  this  arti- 
cle, the  State  shall  be  divided  into  convenient  circuits. 
For  each  circuit  there  shall  be  chosen  a  judge,  who 
shall,  for  one  year  next  preceding  his  election  and  dur- 
ing his  continuance  in  office,  reside  in  the  circuit  for 
Avhich  he  is  elected. 

143.  The  Circuit  Court  shall  have  original  juris- 
diction in  all  matters  civil  and  criminal  within  the 
State  not  otherwise  excepted  in  this  Constitution;  but 
in  civil  cases,  other  than  suits  for  libel,  slander,  assault 
and  battery,  and  ejectment,  it  shall  have  no  original 
jurisdiction  except  where  tlie  matter  or  sum  in  contro- 
versy exceeds  fifty  dollars. 

144.  A  Circuit  Court,  or  a  court  having  the  juris- 
diction of  the  Circuit  Court,  shall  be  held  in  each  county 
in  the  State  at  least  twice  in  every  year,  and  judges  of 
the  several  courts  mentioned  in  this  section  may  hold 
court  for  each  other  when  they  deem  it  expedient,  and 
shall  do  so  when  directed  by  law.  The  judges  of  the  sev- 
eral courts  mentioned  in  this  section  shall  have  power  to 
issue  writs  of  injunction,  returnable  to  the  Courts  of 
Chancery,  or  courts  having  the  jurisdiction  of  Courts 
of  Chancery. 

145.  The  Legislature  shall  have  power  to 
establish  a  Court  or  Courts  of  Chancery,  with  original 
and  appellate  jurisdiction,  except  as  otherwise  author- 
ized in  this  article.  The  State  shall  be  divided  by  the 
Legislature  into  convenient  Chancery  divisions; 
each  division  shall  be  divided  into  districts,  and  for  each 
division  there  shall  be  a  chancellor,  who  shall  have  re- 
sided in  the  division  for  which  he  shall  beelected  or  ap- 
pointed, for  one  year  next  preceding  his  election  or  ap- 
pointment, and  shall  reside  therein  during  his  continu- 
ance in  office. 

146.  A  Chancery  Court,  or  a  court  having  the  juris- 
dir-tion  of  the  Chancery  Court,  shall  be  held  in  eaih  dis- 
trict, at  a  place  to  be  fixed  by  law,  at  least  twice  in  each 
year,  and  the  chancellors  may  hold  court  for  each  other 
when  thev  deem  it  necessary,  and  shall  do  so  when  di- 
rected bv  law. 


Constitutional  Convention.  1543 

147.  Any  coiiut;y  having-  a  population  of  20,000  or 
more,  according  to  the  next  preceding  Federal  census, 
and  also  taxable  property  of  |3,500,000  or  more  in  value, 
according  to  the  next  preceding  assessment  of  property 
for  State  and  county  taxation,  need  not  be  included  in 
any  circuit  or  chancery  division;  but  if  the  value  of  its 
taxable  property  shall  be  reduced  below  that  limit,  or 
if  its  population  shall  be  reduced  below  that  number, 
the  Legislature  shall  include  such  county  in  a 
circuit  and  chancery  division  or  either,  embracing  more 
than  one  county.  No  Circuit  or  Chancery  division  shall 
contain  less  than  three  counties,  unless  there  be  em- 
braced therein  a  county  having  a  population  of  20,000 
or  more,  and  taxable  property  of  |3, 500,000  or  more  in 
value. 

148.  The  Legislature  may  confer  upon  the  Circuit 
or  Chancery  Court  the  jurisdiction  of  both  of  said 
<?ourts.  In  counties  having  two  or  more  courts  of  rec- 
ord, the  Legislature  may  provide  for  the  consolidation 
of  all  or  any  of  such  courts  of  record,  except  the  Probate 
Court,  with  or  without  separate  divisions,  and  a  suffi- 
cient number  of  judges  for  the  transaction  of  the  busi- 
ness of  such  consolidated  court. 

140.  Tlie  Legislature  shall  have  power  to  establish 
in  each  county  a  court  of  Probate,  with  general  jurisdic- 
tion of  orphan's  business  and  with  power  to  grant 
letters  testamentary  and  of  administration;  pro- 
vided, that  whenever  any  court  having  equity 
powers  lias  taken  jurisdiction  of  the  settlement  of  any 
estate,  it  shall  have  power  to  do  all  things  necessary  for 
the  settlement  of  such  estate,  including  the  appointment 
and  removal  of  administrators,  executors,  guardians  and 
trustees,  and  including  action  upon  the  resignation  of 
either  of  them. 

150.  The  pJustices  of  the  Supreme  Court,  Chancel- 
lors, and  the  Judges  of  the  Circuit  Courts,  and  other 
courts  of  record,  except  Probate  Courts,  shall,  at  stated 
times,  receive  for  their  services  a  compensation  which 
shall  not  be  diminished  during  their  official  terms;  they 
■shall  receive  no  fees  or  perquisites,  nor  hold  any  office 
•(except  judicial  offices)   of  profit  or  trust  under  this 


1544  Journal  of  Alabama 

State  or  the  United  States,  or  any  other  government, 
during  the  term  for  which  they  have  been  elected  or  ap- 
pointed. 

151.  The  Supreme  Court  shall  consist  of  one 
Chief  Justice  and  such  number  of  Associate  Justices  as 
may  be  prescribed  by  law. 

152.  The  Chief  Justice  and  Associate  Justices  of  the 
Supreme  Court,  Judges  of  the  Circuit  Courts,  Judges  of 
Probate  Courts,  and  Chancellors  shall  be  elected  by  the 
qualified  electors  of  the  State,  circuits,  counties  and 
chancery  divisions,  for  which  such  courts  may  be  estab- 
lished, at  such  times  as  may  be  prescribed  by  law,  except 
as  herein  otherwise  provided. 

153.  The  Judges  of  such  inferior  courts  of  law 
and  equity  as  may  be  by  law  established,  shall  be  elected 
or  appointed  in  such  mode  as  the  Legislature  may  pre- 
scribe. 

151.  Chancellors  and  Judges  of  all  courts  of  rec- 
ord, shall  have  been  citizens  of  the  United  States  and 
of  this  State  for  five  years  next  preceding  their  election 
or  appointment,  and  shall  be  not  less  than  25  years  of 
age;  and,  except  Judges  of  Probate  Courts,  shall  be 
learned  in  the  law. 

155.  Except  as  otherwise  provided  in  this  article, 
the  Chief  Justice  and  Associate  Justices  of  the 
Supreme  Court,  Circuit  Judges,  Chancellors,  and 
Judges  of  Probate,  shall  hold  office  for  the  term 
of  six  years,  and  until  their  successors  are 
elected  or  appointed,  and  qualified;  and  the  right 
of  such  Judges  and  Chancellors  to  hold  their  offices  for 
the  full  terra  hereby  prescribed  shall  not  be  affected  by 
any  change  hereafter  made  by  law  in  any  circuit,  divi- 
sion or  county,  in  the  mode  or  time  of  election. 

156.  The  Ch'ef  Justice  and  Associate  Justices  of  the 
Supreme  Court  shnll  be  chosen  at  an  election  to  be  held 
at  the  time  and  places  fixed  by  law  for  the  election  of 
members  of  the  House  of  "Representatives  of  the  Con- 
gress of  the  United  States,  until  the  Legislature 
shall,  by  law%  change  the  time  of  holding  such  election. 
The  term  of  office  of  the  Chief  Justice,  who  shall  be 
elected  in  the  year  1901,  shall  be  as  provided  in  the  last 


Constitutional  Convention.  1545- 

preceding  section.  Tlie  successors  of  two  of  the  Associate 
Justices  elected  in  the  year  1904  shall  be  elected  in  the 
year  1906,  and  the  successors  of  the  other  two  Associate 
Justices  elected  in  1904  shall  be  elected  in  the  year  1908. 
The  Associate  Justices  of  said  court  elected  in  the  year 
1904  shall  draw  or  cast  lots  among  themselves  to  deter- 
mine which  of  them  shall  hold  office  for  the  terms  end- 
ing, respectively,  in  the  years  1906  and  1908,  and  until 
their  respective  successors  are  elected  or  appointed  and 
qualified.  The  result  of  such  determination  shall  be 
certified  to  the  Governor,  by  such  Associate  Justices, 
or  a  majority  of  them,  prior  to  the  first  day  of  January, 
1905,  and  such  certificate  shall  be  entered  upon  the  min- 
utes of  the  court.  In  the  event  of  the  failure  of  said  As- 
sociate Justices  to  make  and  certify  such  determination, 
the  Governor  shall  designate  the  terms  for  which  they 
shall  respectively  hold  office,  as  above  provided,  and 
shall  issue  his  proclamation  accordingly.  In  the  event 
of  an  increase  or  reduction  by  law  of  the  number  of  As- 
sociate Justices  of  the  Supreme  Court,  the  Legislature 
shall,  as  nearly  as  may  be,  provide  for  the  elec- 
tion, each  second  year,  of  one-third  of  the  members  of 
said  court. 

157.  All  judicial  officers  within  their  respective 
jurisdictions  shall,  by  virtue  of  their  offices,  be  conser- 
vators of  the  peace. 

158.  Vacancies  in  the  office  of  any  of  the  Justices  of 
the  Supreme  Court  or  Judges  who  hold  office  by  election, 
or  Chancellors  of  this  State,  sliall  be  filled  by  appoint- 
ment by  the  Governor;  the  appointee  shall  hold  his 
office  until  the  next  general  election  for  any  State  offi- 
cer held  at  least  six  months  after  the  vacancy  oc- 
curs, and  until  his  successor  is  elected  and  qualified; 
the  successor  chosen  at  such  election  shall  hold  office 
for  the  unexpired  term  and  until  his  successor  is  elected 
and  qualified. 

159.  Whenever  any  new  circuit  or  chancery  divi- 
sion is  created  the  Judge  or  Chancellor  therefor  shall 
be  elected  at  the  next  general  election  for  any  State 
officer  for  a  term  to  expire  at  the  next  general  election 
for  Circuit  Judges  and  Chancellors;  provided  that  if 


1546  Journal  of  Alabama 

said  new  circuit  or  cliancer}'  division  is  created  more 
than  six  months  before  such  general  election  for  any 
State  officer,  the  Grovernor  shall  appoint  some  one  as 
Judge  or  Chancellor,  as  the  case  may  be,  to  hold  the 
office  until  such  election, 

160.  If  in  any  case,  civil  or  criminal,  pending  in  any 
Circuit  Court,  Chancery  Court,  or  in  any  court  of  gen- 
eral jurisdiction  having  any  part  of  the  juris- 
diction of  a  Circuit  or  Chancery  Court,  or 
either  of  them,  in  this  State,  the  presiding  Judge  or 
Chancellor  shall,  for  any  legal  cause,  be  incompetent 
to  try,  hear  or  render  judgment  in  such  case,  the  parties, 
or  tlieir  attorneys  of  record,  if  it  be  a  civil  case,  or  the 
solicitor  or  prosecuting  officer,  and  the  defendant  or  de- 
fendants, if  it  be  a  criminal  case,  may  agree  upon  some 
disinterested  person,  practicing  in  the  court  and  learned 
in  the  law,  to  act  as  special  judge  or  chancellor  to  sit 
as  a  court,  and  to  hear,  decide  and  render  judgment  in 
the  same  manner  and  to  the  same  effect  as 
'such  incompetent  Chancellor  or  Judge  could  have 
rendered  but  for  such  incompetency.  If  the 
case  be  a  civil  one,  and  the  parties  or  their  attorneys  of 
record  do  not  agree;  or  if  it  be  a  criminal  one  and  the 
prosecuting  officer  and  the  defendant  or  defendants  do 
not  agree  upon  a  special  Judge  or  Chancellor,  or  if 
either  party  in  a  civil  cause  is  not  represented  in  court, 
the  IJegister  in  Chancery  or  the  clerk  of  such  Circuit 
or  other  court,  in  which  said  cause  is  pending,  shall  ap- 
point a  special  Judge  or  Chancellor,  who  shall  preside, 
try  and  render  judgment  as  in  this  section  provided. 
The  Legislnture  may  ])rescribe  other  metliods  for  .^up- 
plying  special  Judges  in  such  cases. 

161.  The  Legislature  shall  have  power  to  pro- 
vide for  the  holding  of  Chancery  and  Circuit  Courts, 
and  for  the  holding  of  courts  having  the  jurisdiction  of 
Circuit  and  Chancery  Courts,  or  either  of  them,  when 
the  Chancellors  or  Judges  thereof  fail  to  attend  regular 
terms. 

162.  No  Judge  of  any  court  of  record  in  this  State 
shall  practice  law  in  any  of  the  courts  of  this  State  or 
of  the  United  States. 


Constitutional  Convention.  1547 

163.  Registers  iu  Cliancery  shall  be  appointed  by 
the  Chancellors  of  the  respective  divisions,  and  shall 
have  been  at  least  twelve  months  before  their  appoint- 
ment, and  shall  be  at  the  time  of  their  appointment  and 
during  their  continuance  in  office,  resident  citizens  of 
the  district  for  which  they  are  appointed.  They  shall 
hold  office  for  the  term  for  which  the  Chancellor  making 
such  appointment  was  elected  or  appointed.  Such  regis- 
ters shall  '  receive .  as  compensation  for  their  ser- 
vices only  such  fees  and  commissions  as  may  be  spe- 
cifically prescribed  by  law,  which  fees  shall  be  uniform 
throughout  the  State. 

KU.  The  clerk  of  the  Supreme  Court  shall  be  ap- 
pointed by  the  Judges  thereof,  and  shall  hold  office  for 
the  term  of  six  years,  and  the  clerks  of  such  inferior 
courts  as  may  be  established  by  law  shall  be  selected 
in  such  manner  as  the  Legislature  may  provide. 

1()5.  Clerks  of  the  Circuit  Court  shall  be  elected 
by  the  qualified  electors  in  each  county  for  the  term  of 
six  years,  and  may,  when  appointed  by  the  Chancellor, 
also  fill  the  office  of  Register  in  Chancery.  Vacancies 
in  such  office  of  clerk  shall  be  filled  by  the  Judge  of  the 
Circuit  Court  for  the  unexpired  term. 

1()().  The  clerk  of  the  Supreme  Court  and  regis- 
ters in  Chancery  may  l)e  removed  from  office  by  the  Jus- 
tices of  the  Supreme  Court,  and  by  the  Chancellors  re- 
spectivelj^,  for  cause,  to  be  entered  at  length  upon  the 
minutes  of  the  court, 

1()7.  A  Solicitor  for  each  Judicial  Circuit  or  other 
territorial  subdivision  prescribed  by  the  Legislature, 
shall  be  elected  by  the  qualified  electors  of  those  counties 
in  such  circuit  or  other  territorial  sul)divisi()n  iu  which 
such  Solicitor  prosecutes  criminal  cases,  and  such  Soli- 
citor shall  be  learned  in  the  law,  and  shall  at  the  time 
of  his  election  and  during  his  continuance  in  office,  re- 
side in  a  county  (iu  the  circuit)  in  which  he  prosecutes 
criminal  cases,  or  other  territorial  subdivision  for  which 
he  is  elected,  and  his  term  of  office  shall  be  4  years,  and 
he  sliall  receive  no  other  compensation  than  a  salary 
to  be  prescribed  by  law,  which  shall  not  be  increased 
during  the  term  for  which  he  was  elected;  provided,  that 


1548  Journal  of  Alabama 

this  article  shall  not  operate  to  abridge  the  term  of  any 
Solicitor  now  in  office;  and,  provided  further,  that  the 
Solicitors  elected  in  the  year  1904  shall  hold  office  for 
six  years,  and  until  their  successors  are  elected  and 
qualified;  and,  provided  further,  that  the  Legislature 
may  provide  by  law  for  the  appointment  by  the  Gover- 
nor or  the  election  by.  the  qualified  electors  of  a  county 
of  a  Solicitor  for  any  county.  . 

168.  In  each  precinct  not  lying  within,  or  partly 
within,  any  city  or  incorporated  town  of  more  than  1,500 
inhabitants,  there  shall  be  elected,  by  the  qualified  elec- 
tors of  such  precinct  not  exceeding  two  Justices  of  the 
Peace  and  one  Constable.  Where  one  or  more  precincts 
lie  within,  or  partly  within,  a  city  or  incorporated  town 
having  more  than  1,500  inhabitants,  the  Legislature 
may  provide  by  law  for  the  election  of  not  more 
than  two  Justices  of  the  Peace  and  one  Constable,  for 
each  of  such  precincts,  or  an  inferior  court  for  such 
precinct  or  precincts,  in  lieu  of  all  Justices  of  the  Peace 
therein.  Justices  of  the  Peace,  and  the  inferior  courts  in 
this  section  provided  for,  shall  have  jurisdiction  in  all 
civil  cases  where  the  amount  in  controvers}^  does  not  ex- 
ceed flOO,  except  in  cases  of  libel,  slander,  assault  and 
battery,  and  ejectment.  The  Legislature  may  pro- 
vide by  law  what  fees  may  be  charged  by  Justices  of  the 
Peace  and  Constables,  which  fees  shall  be  uniform 
throughout  the  State.  The  right  of  appeal  from  any 
judgment  of  a  Justice  of  the  Peace,  or  from  any  infer- 
ior court  authorized  by  this  section,  without  the  prepay- 
ment of  costs,  and  also  the  term  of  office  of  such  Jus- 
tices, and  of  the  Judges  of  such  inferior  courts,  and  of 
Notaries  Public,  shall  be  provided  for  by  law.  The  Gov- 
ernor may  appoint  Notaries  Public  without  the  powers 
of  a  Justice  of  the  Peace,  and  may,  except  where  other- 
wise provided  by  an  act  of  the  Legislature,  ap- 
point not  more  than  one  Notary  Public  with  all  of  the 
powers  and  jurisdiction  of  a  Justice  of  the  Peace  for 
each  precinct  in  which  the  election  of  Justices  of  tlie 
Peace  shall  be  autliorized. 

169.  In  all  i)rosecutions  for  rape  and  assault  with 
intent  to  ravish,  the  court  may,  in  its  discretion,  exclude 


Constitutional  Convention.  1549 

from  the  court  room  all  persons,  except  such  as  may  be 
oecessarv  in  the  conduct  of  the  trial. 

170.  The  style  of  all  process  shall  be  "The  State 
of  Alabama"  and  all  prosecutions  shall  be  carried  on  in 
the  name  and  by  the  authority  of  the  same,  and  shall 
conclude  "Against  the  peace  and  dignity  of  the  State." 

171.  The  Legislature  shall  have  the  power  to 
abolish  any  court  (except  the  Supreme  Court  and  the 
Probate  Courts)  whenever  its  jurisdiction  and  func- 
tions have  been  conferred  upon  some  other  court. 

172.  Nothing  in  this  article  shall  be  so  construed  as 
to  abridge  the  term  of  office  of  any  officer  now  in  office. 

Mr.  Knox  offered  the  following  amendment  to  Article 
VI,  Judicial  Department : 

Amend  Section  167,  on  page  42,  by  inserting  after  the 
word  "county"  in  the  fifteenth  line,  the  following:  "or 
by  the  Legislature." 

On  motion  of  Mr.  Walker  the  amendment  was  laid 
upon  the  table :  Yeas,  60 ;  nays,  46. 

YEAS. 

Fletcher, 

Messrs.  Altman,  Foshee^ 

Ashcr^ft,  Freeman, 

Banks,  Graham  (Talladega), 

Bartlett,  Ilenderson, 

Beddow,  Hood, 

Bethune,  FTowell, 

Blackwell,  Jackson, 

Boone,  Jones  (Bibb), 

Byars,  Jones  (Hale), 

Cardon,  Jones  (Wilcox), 

Case,  Kyle, 

Chapman,  Tx>we  (Lawrence), 

Cofer,  McMillan  (Baldwin), 

Cunningham,  McMillan  (Wilcox), 

Davis  (DeKalb),  Merrill, 

Davis  (Etowah),  Miller  (Marengo), 

Dent,  Miller  (Wilcox), 


1550 


Journal  of  Alabama 


Murpliree, 

Oates, 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Porter, 

Keese, 

Reynolds  (Henry), 

Rogers  (Sumter), 

Samford, 


Sanders, 

Sellieimer, 

Sentell, 

Smith,  Mac.  A., 

Spragins, 

Stewart, 

Walker, 

Watts, 

Weakley, 

White, " 

Williams  (Barbour), 

Winn— 60. 


NAYS. 


Messrs.  President, 

Barefleld, 

Browne, 

Burns, 

Carmichael  (Colbert), 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

deGraffenried, 

Duke, 

Eley, 

Ferguson^ 

Foster, 

Glover, 

Graham  (Montgomery), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

ITnndley, 

Harrison, 

Iloflin  (Chambers), 


Heflin  (Randolph), 

llowze, 

Inge, 

Jones  (Montgomery), 

Knight, 

Lomax, 

Maedonald, 

Martin, 

O'Neal  (Lauderdale), 

O'Neill  (Jefeerson), 

Opp, 

O'Rear, 

Parker  (Cullman), 

Rogers   ( Lowndes) , 

Sanford, 

Searcy, 

Sorrell, 

Spears, 

Thompson, 

Weatherly, 

Whiteside, 

Williams  (Marengo), 

Wilson  (Clarke)— 46. 


Constitutional  Convention.  1551 

reconsideration. 

Mr.  Reese  gave  notice  that  on  to-morrow  he  would 
move  to  reconsider  the  vote  by  which  the  amendment  of 
Mr.  Knox  was  lost. 

adjournment. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Order,  Consistency  and  Harmony  of 
the  Whole  Constitution,  the  hour  of  7  o'clock  p.  m.  ar- 
rived, under  the  rules,  the  Convention  adjourned  until 
to-morrow  morning  at  9  o'clock. 


SEVENTY-NINTH  DAY. 
Convention  Hall. 

Montgomery,  Ala.,  Friday,  August  30,  1901. 
The  Convention  met  pursuant  to  adjournment. 

Prayer  was  offered  by  Rev.  Mr.  Marshal  of  the  city. 

ROLL   CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum : 

Messrs.  President,  Burnett, 

Almon,  Burns, 

Altman,  Byars, 

Ashcraft,  Carmichael  (Colbert), 

Banks,  Carnathon, 

Barefield,  Case, 

Bartlett,  Chapman, 

Beddow,  Cobb, 

Blackwell,  Coleman  (Greene), 

Boone,  Coleman  (Walker), 

Brooks,  Craig, 

Browne,  Cunningham, 


1552 


Journal  of  ALABA^:A 


Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

cleGraffenried, 

Duke, 

Eyster, 

Fergu.-^;(  n, 

Fitts, 

Fletelier, 

Fosliee, 

Foster, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Haley, 

llandley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Kandolph), 

Hend2rson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones,  (Bibb), 

Jones  (Hale), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Lomax, 

Long  (Butler), 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 


Malone, 

Martin, 

Merrill, 

Miller  (Marengo), 

Miller  (AVilcox), 

Moody, 

Murphree, 

Norman, 

Gates, 

O'Neal   (Lauderdale), 

(y'Xeill  (Jefferson), 

Opp, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Porter, 

Proctor, 

Keese, 

Rogers  (Sumter), 

Samford, 

Saudcrs, 

Sauford, 

Searcy, 

Selheimer, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

SteAvart, 

Tayloe, 

Vaughan, 

Waddell, 

Walker, 

Watts, 


Constitutional  Convention.  1553 

Weakley,  Williams  (Marengo), 

Weatherly.  Williams  (Elmore), 

Wliite,    "'  Wilson  (Clarke) 

Whiteside,  Wilson  (Washington) — 115 
Williams  (Barbour), 

REPORT  of  committee  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted   the    following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to 
report  that  they  have  examined  the  Journal  for 
the  seventy-seventh  and  seventy-eighth  days  of  the  Con- 
vention, and  that  the  same  are  correct. 

Respectfully  submitted, 

John  F.  Proctor^  Chairman. 

LEAVE  of  ABSENCE. 

Was  granted  to  Messrs.  Bulger  and  Thompson  for  to- 
day; Tayloe,  Williams  of  Elmore,  Brown,  Vaughan, 
Fitts,  Burnett,  Parker  of  Elmore  for  to-day. 

resolutions  on  first  READING. 

The  following  resolution  was  introduced,  read  one 
time  at  length,  and  referred  to  an  appropriate  commit- 
tee as  follows : 

Resolution  325,  by  Mr.  Sanders: 

Resolved,  That  all  officers  elected  by  the  people  in  the 
respective  counties  of  this  State,  whose  term  of  office  is 
for  four  years,  and  expires  in  the  year  1904,  are  here- 
by continued  in  office  until  their  successors  shall  have 
been  elected  at  the  general  election  in  1906. 

The  resolution  was  referred  to  the  Committee  on 
Order,  Consistency  and  Harmony  of  the  Whole  Consti- 
tution. 

Resolution  326,  by  Mr.  Lomax: 

Resolved,  That  the  pages  of  this  Convention  be  al- 
lowed and  paid  mileage  at  the  same  rate  as  was  paid 
members  of  the  Convention,  to  so  reimburse  them  for 
their  expenses  in  going  to  and  from  their  homes  during 
the  recent  recess  of  this  Convention. 

'98 


1554  Journal  of  Alabama 

The  resolution  was  referred  to  the  Committee  on 
Exiles. 

Resolution  327,  by  Mr.  Pettus: 

Be  it  resolved,  That  this  Convention  stand  adjourned 
sine  die  at  12  o'clock  midnight,  Tuesdav,  September  3, 
1901,  A.  I). 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  328,  by  Mr.  Eyster: 

Whereas,  Tlie  meml>ers  of  the  Committee  on  Har- 
mou}'  completed  their  labors  before  the  reassembling  of 
this  Convention,  and  returned  to  their  respective  homes, 
and 

Whereas,  It  would  be  unjust  and  inequitable  for  them 
not  to  receive  their  mileage  as  other  members ; 

Therefore,  be  it  resolved,  That  the  members  of  the 
Committee  on  Order,  Consistency  and  Harmony  be  al- 
lowed their  mileage  the  same  as  the  other  members  of 
this  Convention. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  329,  by  Mr.  Fitts : 

Resolved,  That  when  this  Convention  adjourn  on 
Saturday,  August  31st,  that  it  be  to  reassemble  at  noon 
on  Tuesday,  September  3,  at  which  time  the  final  draft 
of  the  Constitution  shall  be  signed  by  the  delegates. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  330,  by  Mr.  Reese: 

Resolved,  First,  that  all  leaves  of  absence  of  mem- 
bers of  this  Convention  be  and  the  same  are  hereby  re- 
voked, to  take  effect  on  Monday,  the  2d  day  of  Septem- 
ber, 1901,  at  12  o'clock  meridian  ,and  that  no  further 
leave  of  absence  be  granted  beyond  said  time. 

Second,  That  the  Secretary  of  this  Convention  is  in- 
Ktructed  to  notify  absent  members  to  return  at  said 
time. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 


Constitutional  Convention.  1555 

OllDINANCES    ON    FIRST    READING. 

The  followinj^  ordiuaiK'Gvs  were  iiitroduceil,  severally 
read  one  time  at  length,  and  i-eferied  to  apitropriate 
committees  as  follows: 

Ordinance  460,  by  Mr.  White : 

An  ordinance  to  empower  and  authorize  the  Legis- 
lature to  amend  or  repeal  all  ordinances  adopted  by  Iho 
Gcmention  not  contained  in  the  proposed  Constitutioo. 

Be  it  ordained  by  the  people  of  Alabama,  in  Conven- 
tion assembled,  that  the  Legislature  be  and  the  same  is 
authorized  and  empowered  to  revise,  alter,  amend  or 
repeal  all  ordinances  or  parts  of  ordinances  adopted  by 
this  Convention  not  incorporated  in  the  proposed  Con- 
stitution of  the  State  by  act  passed  and  approved  by  the 
Grovernor,  as  in  other  cases;  provided,  that  the  Legis- 
lature shall  have  no  power  or  authority  to  repeal  an 
ordinance  relating  to  the  bonded  indebtedness  of  the 
State,  adopted  by  the  Convention  on  the  10th  day  of 
August,  1901;  provided,  further,  that  the  Legislature 
shall  have  no  power  to  repeal  or  amend  ordinances  es- 
tablishing court  houses,  except  in  accordance  with  Sec- 
tion 41  of  Article  II  of  this  Constitution. 

The  ordinance  was  referred  to  the  Committee  on 
Judiciary. 

Ordinance  461,  by  Mr.  Ashcraft: 

An  ordinance  to  provide  for  the  qualification  and 
registration  of  electors,  who  shall  participate  in  the 
municipal  election  to  be  held  in  the  city  of  Florence  on 
the  first  Tuesday  in  December,  1901. 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assembled,  That  no  person  shall  be  entitled  to  vote 
in  the  election  for  municipal  officers  to  be  held  in  the 
city  of  Florence  on  the  first  Tuesday  in  December,  1901, 
who  does  not  possess  the  qualifications  required  of 
electors  by  Section  180  of  the  Constitution  framed  by 
this  Convention,  and  the  Mayor  and  Aldermen  of  said 
city  are  authorized  and  directed  to  appoint  three  regis- 
trars in  said  city  who  shall  register,  for  the  purpose  of 
said  election,  the  electors  in  said  city  in  the  manner  as 
nearly  as  may  be  provided  for  registration  by  Section 


1556  Journal  of  Alabama 

186  of  said  Constitution;  said  registration  shall  begin 
on  the  ISth  day  of  November  1901,  and  shall  continue 
for  two  weeks. 

The  ordinance  was  referred  to  the  Committee  on 
Suffrage  and  Elections. 

Ordinance  462,  by  Mr.  Gates: 

Whereas,  a  respectable  number  of  the  delegates  to 
this  Convention  are  opposed,  on  principle,  to  subdivi- 
sion 2  of  Section  180  of  Article  VIII  of  this  Constitu- 
tion, which  subdivision  is  known  as  the  "Grandfather" 
clause ; 

Therefore  be  it  resolved  by  the  people  of  Alabama  in 
Convention  assembled,  that  at  the  same  times  and  places 
at  which  an  election  is  held  for  the  ratification  or  re- 
jection of  the  Constitution  framed  by  this  Convention, 
a  separate  poll  be  taken  of  the  qualified  electors  voting 
at  said  election  upon  said  "Grandfather"  clause  as  fol- 
lows, to-wit :  On  each  ticket  to  be  used  in  said  election 
there  shall  be  written  or  printed  these  words,  to-wit: 

For  subdivision  2  of  Section  180,  Article  VIII. 

Against  subdivision  2  of  Section  180,  of  Article  VIII, 
and  in  the  margin  the  voter  shall  make  or  cause  to  be 
made  opposite  to  these  words  an  "X"  as  he  may  favor 
or  oppose  the  ratification  or  rejection  of  the  said  sub- 
division and  the  election  in  all  respects  shall  be  con- 
ducted and  returns  made  by  the  election  officers,  the 
same  as  the  election  for  the  ratification  or  rejection  of 
the  Whole  Constitution,  and  if  a  majority  of  those 
voting  at  said  election  vote  for  the  ratification  of  the 
said  subdivision  2  of  Section  180  of  Article  VIII,  it 
shall  be  a  part  of  the  Constitution,  and  so  declared  by 
the  Governor  in  his  proclamation  declaring  the  result 
of  said  election,  as  provided  in  section  of  the  enabling 
act;  but  if  a  majority  of  those  voting  at  said  election 
vote  against  the  ratification  of  said  subdivision  2  of 
Section  180  of  Article  VIII,  then  the  «aid  subdivision 
shall  not  be  a  part  of  said  Constitution,  and  the  same 
shall  be  so  announced  and  declared  by  the  Governor  in 
his  aforesaid  proclamation. 

The  ordinance  was  referred  to  the  Committee  on 
Rules. 


CONSTITUTIONxVL  CONVENTION.  1557 

RECONSIDERATION. 

Mr.  Cobb  moved  to  reconsider  the  vote  by  wliich  the 
Article  on  Declaration  of  Rights  was  adopted  on  yester- 
day. 

On  motion  of  Mr.  Boone  the  motion  of  Mr.  Cobb  was 
laid  upon  the  table. 

Mr.  Wilson  of  Clarke  offered  the  following  amend- 
ment to  Article  VI : 

Amend  Section  150  by  inserting  in  line  14  after  the 
words  "official  terms"  the  following:  "And  the  Cir- 
cuit Judges  and  Chancellors  shall  be  paid  mileage  not 
exceeding  the  amount  actually  paid  by  them  for  rail- 
road fare  in  traveling  to  and  from  the  terms  of  their 
courts." 

On  motion  of  Mr.  White  the  amendment  offered  by 
Mr.  Wilson  of  Clarke  was  laid  upon  the  table. 

Mr.  JMiller  of  Wilcox  offered  the  following  amend- 
ment to  Article  VI : 

On  page  43  in  line  2,  after  the  words  "fees,"  insert 
"and  their  jurisdiction"  in  Section  168  of  the  Judiciary 
Article. 

On  motion  of  Mr.  Pillaus  the  amendment  offered  by 
Mr.  Miller  of  Wilcox  was  laid  upon  the  table. 

Mr.  Oates  offered  the  folloAving  amendment  to  Arti- 
cle VI : 

Amend  Section  155  by  adding  thereto  the  following 
proviso:  "Provided  that  the  abolition  of  anv  court  by 
the  Legislature  shall  not  entitle  the  Judge  of  said  court 
thereafter  to  draw  his  salary." 

On  motion  of  Mr.  Smith  of  Mobile  the  amendment 
offered  by  Mr.  Oates  was  laid  upon  the  table. 

Mr.  Oates  offered  the  following  amendment  to  Arti- 
cle VI : 

Amend  Section  162  by  adding  thereto  the  following 
words:  "Nor  engage  in  active  partisan  politics." 

On  motion  of  Mr.  Walker  the  amendment  offered  by 
Mr.  Oates  was  laid  upon  the  table. 

Mr.  Oates  offered  the  following  amendment  to  Arti- 
cle VI :  •       ' 


1558  Journal  of  Alabama 

Amend  Section  165  by  striking  out  of  lines  23  and  24 
the  following  words :  ''And  may  Miien  appointed  by  the 
Chancellor  also  fill  the  office  of  Register  in  Chancery." 

On  motion  of  Mr.  Cobb  the  amendment  offered  by 
Mr.  Oates  was  laid  upon  the  table. 

Mr.  O'Neal  of  Lauderdale  offered  the  following 
amendment  to  Article  VI : 

Amend  Section  168,  page  43,  by  adding  the  follomng : 
^'The  Legislature  may  increase  the  jurisdiction  of  the 
inferior  courts  provided  for  in  this  section  in  all  civil 
cases  to  an  amount  not  exceeding  |500." 

On  motion  of  Mr.  Watts  the  amendment  was  laid 
upon  the  table. 

On  motion  of  Mr.  White  Article  YI  was  adopted. 

ARTICLE  VII. 

IMPEACHMENTS. 

Was  read  at  lengtli  as  follows: 

ARTICLE  VII., 

IMPEACHMENTS. 

173.  The  (T()vein((r,  Lieutenant  (lovernor,  Attorney 
Oeneral,  State  Auditor  Secretary  of  State,  State  Treas- 
urer, Superintendent  of  Education,  Commissioner  of 
Agriculture  and  Industries  and  Justices  of  the  Supreme 
Court  may  l>e  removed  from  office  for  wilful  neglect  of 
duty,  corruption  in  office,  in'competency,  or  intemper- 
ance in  the  use  of  intoxicating  liquors  or  narcotics  to 
such  an  extent,  in  view  of  tl»e  dignity  of  the  office  and 
importance  of  its  duties,  as  unfits  the  officer  for  the  dis- 
charge of  such  duties,  or  for  any  offense  involving  the 
moral  turpitude  while  in  office,  or  committed  under 
color  thereof,  or  connected  therewith,  by  the  Senate  sit- 
ting as  a  court  of  impeachment,  under  oath  or  affirma- 
tion, on  articles  or  clun-ges  preferred  by  tl»e  Ho:t -e  I'f 
Representatives. 


Constitutional  Convention.  1559 

174.  The  Chaucellors,  Jiidj^es  of  the  Circuit  Court, 
Judges  of  the  Probate  Courts,  Sheriffs,  Solicitors,  and 
Judges  of  other  Courts  from  which  au  appeal  uuiy  be 
taken  directly  to  the  Supreme  Court,  nuiy  be  removed 
from  office  for  any  of  the  causes  specified  in  the  preced- 
ing- section  or  elsewhere  in  this  Constitution,  by  the 
Sui)reme  Court,  under  such  regulations  as  may  be  pre- 
scribed l)y  law.  The  Legislature  may  provide  for  the 
impeachment  or  removal  of  other  officers  than  those 
uauu^d  in  this  article. 

175.  Tlie  Clerks  of  the  Circuit  Courts  or  courts  of  like 
jurisdiction,  of  Criminal  Courts,  Tax  Collectors,  Tax 
Assessors,  County  Treasurers,  County  Superintendents 
of  Education,  Coroners,  Justices  of  the  Peace,  Judges 
of  inferior  courts  created  under  authority  of  Section  168 
of  this  Coustituti(m,  Notaries  Public,  Constables,  and 
all  other  county  officers,  Mayors,  intendants  and  all 
other  officers  of  incorporated  cities  and  towns  in  this 
State,  may  be  removed  from  office  for  any  of  the  causes 
specified  in  Section  173  of  this  Constitution,  by  the  Cir- 
cuit or  other  courts  of  like  jurisdiction,  or  a  Criminal 
Court  of  the  county  in  which  such  officers  hold  their 
office,  under  such  regulations  as  may  be  prescribed  by 
law ;  i)rovided,  that  tlie  right  of  trial  by  jury  and  appeal 
in  such  cases  shall  be  secured. 

170.  The  penalties  in  cases  arising  under  the  three 
preceding  sections  shall  not  extend  beyond  removal 
from  office,  and  disqualifications  from  holding  office, 
under  the  autliority  of  tliis  State,  for  the  term  of 
Avliich  the  officer  was  elected  or  appointed ;  but  the  ac- 
cused shall  be  liable  to  indictment  and  punishment  as 
prescribed  by  law. 

Mr.  Jones  of  Montgomery  offered  the  following 
amendment  to  Article  VII : 

Amend  Section  173  by  adding  at  the  end  thereof  the 
following  words,  to-wit: 

If,  at  any  time,  when  the  Legislature  is  not  in  session, 
a  majority  of  all  the  members  elected  to  the  House  of 
Representatives  shall  certify  in  writing  to  the  Secre- 
tarv  of  State  their  desire  to  meet  to  consider  the  im- 


1560  Journal  op  Alabama 

peachment  of  the  Grovernor,  Lieutenant  Governor  or 
other  officer  administering  the  office  of  Governor,  it 
shall  be  the  duty  of  the  Secretary  of  State  to  imme- 
diately notify  the  Speaker  of  the  House,  who  shall, 
within  ten  days  after  receipt  of  such  notice,  notify  the 
members  of  the  House,  by  publication  in  some  news- 
paj)er  published  at  the  Capital,  to  assemble  at  the  Capi- 
tol on  a  day  to  be  fixed  by  the  Speaker,  not  later  than 
15  days  after  the  receipt  of  the  notice  from  the  Secre- 
tary of  State,  to  consider  the  impeachment  of  the  Gov- 
ernor, Lieutenant  Governor  or  other  officer  administer- 
ing the  office  of  Governor.  If  the  House  of  Representa- 
tives prefer  articles  of  impeachment,  the  Speaker  of 
the  House  shall  immediately  notify  the  Lieutenant  Gov- 
ernor, unless  he  be  impeached,  and  in  that  event  the 
officer  next  in  succession  to  him,  who  shall,  in  like  man- 
ner notify  the  members  of  the  Senate  to  assemljle  at  the 
Capitol  on  a  day  to  be  fixed  in  said  notice,  not  later  than 
ten  days  after  receipt  of  the  notice  from  the  Speaker, 
for  the  purpose  of  organizing  the  Senate  as  a  Court  of 
Impeachment;  and  the  Senate  when  thus  organized 
shall  hear  and  try  such  articles  of  impeachment  against 
the  Governor,  Lieutenant  Governor  or  other  officer  exer- 
cising the  powers  of  the  office  as  may  be  presented  by 
the  House  of  Representatives. 

Mr.  Hood  moved  to  table  the  amendment  offered  by 
Mr.  Jones  of  Montgomery. 

The  motion  was  lost :  Yeas,  3 ;  nays,  119. 

YEAS. 

Messrs.  Altman,  Merrill — 3. 

Carnathon, 

NAYS. 

Messrs.  President,  Reddow, 

Ashcraft,  Bethune, 

Ranks.  BlackwelU 

Rarefield,  Boone, 

Bartlett,  Brooks, 


Constitutional  Convention. 


156J 


Burnett, 

Bariis, 

Byars, 

Cardon, 

Case, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  ( Walker ) , 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

cleGraffenried, 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Glover, 

Graham  (Montgomery), 

Graham  ( Talladega ) , 

Grant, 

Grayson, 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph),' 

Henderson, 

Hodges, 

Hood, 

Howze, 

Inge, 


Jackson, 

Jones,  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Ledbetter, 

Lomax, 

Long  (Walker), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin),. 

McMillan  (Wilcox), 

Malone, 

Martin, 

Miller  (Marengo), 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale),. 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Poarce, 

Pet  tus. 

Phillips, 

Pillans, 

Porter, 

Proctor, 

Keese, 

Reynolds  (Chilton),. 

Rogers  (Lowndes), 

Rogers  (Sumter)^ 


1462  Journal  of  Alabama 

Sanders,  V'aughan, 

Sariford^  ^Vaddell, 

Searcy,  Walker, 

Sentell,  Watts, 

Sloan,  Weakley, 

Smith  (Mobile),  W^eatherly, 

Smith,  Mac.  A.,  White, 

SDiith,  Morgan  M.  Whiteside, 

Sorrell,  Williams  (Barbour), 

Spears,  AVilliams  (Marengo), 

Spragins,  Williams  (Elmore), 

Stewart,  Wilson  (Clarke), 

Tayloe,  Winn— 119. 

The  question  recurred  upon  the  adoption  of  the 
amendment. 

The  amendment  was  adopted, 

Mr.  Jones  of  Montgomery  offered  the  following 
amendment  to  Article  VII : 

Amend  Section  173  by  adding  at  the  end  thereof  the 
following  words:  "When  the  Governor  or  Lieutenant 
Governor  is  impeached  the  Chief  Justice,  or  in  his  ab- 
sence or  disability,  some  one  of  the  Justices  of  the  Sup- 
reme Court  to  be  selected  by  it,  shall  preside  over  the 
Senate  when  sitting  as  a  Court  of  Impeachment." 

The  amendment  was  adopted. 

'  On  motion  of  Mr.  White  Article  VII  was,  as  amended, 
adopted. 

Mr.  deGraffenried  moved  that  the  rules  be  suspended 
in  order  that  Article  VII  might  be  referred  to  the  Com- 
mittee on  Order,  Consistency  and  Harmony  of  the 
Whole  Constitution. 

The  motion  prevailed,  and  the  Article  VII  was  re- 
ferred to  the  Committee  on  Order,  Consistency  and  Har- 
monv  of  the  Whole  Constitution. 


Constitutional  Convention.  1563 

ARTICLE  VIII. 

SUFFRAGE  AND  ELECTIONS. 

Was  read  at  leng-th  as  follows : 

ARTICLE  VIII. 

SUFFRAGE  AND  ELECTIONS. 

177.  Every  male  citizen  of  this  8tate  who  is  a 
citizen  of  the  United  States,  and  every  male  resident  of 
forei_i;u  birth,  wlio,  before  tiie  ratification  of  this  Consti- 
tution, shall  have  legally  declared  his  intentions  to  be 
€ome  a  citizen  of  the  United  States,  21  years  old  or  up- 
wards, not  laboring  under  any  of  the  disabilities  named 
in  this  article,  and  possessing  the  qualifications  re- 
quired by  it,  shall  be  an  elector,  and  shall  be  entitled  to 
vote  at  any  election  b}-  the  people;  provided,  that  all 
foreigners  who  have  legally  declared  their  intention  to 
become  citizens  of  the  United  States  shall,  if  they  fail 
to  become  citizens  thereof  at  the  time  they  are  entitled 
to  become  such,  cease  to  have  the  right  to  vote  until  they 
become  such  citizens. 

178.  To  entitle  a  person  to  vote  at  any  election  by 
the  people,  he  shall  have  resided  in  the  State  at  least 
two  3'ears,  in  the  county  one  year,  and  in  the  precinct 
or  ward  three  months,  immediately  preceding  the  elec- 
tion at  which  he  offers  to  vote,  aud  he  shall  have  been 
dulv  registered  as  an  elector,  and  shall  have  paid  on  or 
before  the  first  day  of  Februar}^  next  preceding  the  date 
of  the  election  at  which  he  offers  to  vote,  all  poll  taxes 
due  from  him  for  the  year  1901,  and  for  each  subsequent 
year;  provided,  that  any  elector  who,  within  three 
months  next  preceding  the  date  of  the  election  at  which 
lie  offers  to  vote,  has  removed  from  one  precinct  or 
ward  to  another  precinct  or  ward  in  the  same  county, 
incorporated  town  or  city,  shall  have  the  right  to  vote 
in  the  precinct  or  ward  from  which  he  has  so  removed, 
if  he  would  have  been  entitled  to  vote  in  such  precinct 
or  ward  but  for  such  removal. 


1564  Journal  of  Alabama 

179.  All  elections  by  the  people  shall  be  by  bal- 
lot, and  all  elections  by  persons  in  a  representative 
capacity  shall  be  viva  voce. 

180.  The  following  male  citizens  of  this  State,  who 
are  citizens  of  the  United  States,  and  every  male  resi- 
dent of  foreign  birth,  who,  before  the  ratification  of  this 
Constitution,  shall  have  legally  declared  his  intentions 
to  become  a  citizen  of  the  United  States,  except  those 
who  shall  not  have  had  an  opportunity  to  perfect  his 
citizenship  prior  to  the  twentieth  day  of  December,  1902, 
21  years  old  or  upwards,  who,  if  their  place  of  residence 
shall  remain  unchanged,  will  have,  at  the  date  of  the 
next  general  election  the  qualifications  as  to  residence 
prescribed  in  Section  178  of  this  Constitution,  and  who 
are  not  disqualified  under  Section  182  of  this  Constitu- 
tion, shall,  upon  application,  be  entitled  to  register  as 
electors  prior  to  the  twentieth  day  of  December,  1902, 
namely : 

First — All  who  have  honorably  served  in  the  land  or 
naval  forces  of  the  United  States  in  the  war  of  1812,  or 
in  the  war  with  Mexico,  or  in  any  war  with  the  Indians, 
or  in  the  war  between  the  States,  or  in  the  war 
with  Spain,  or  Avho  honorably  served  in  the  land  or 
naval  forces  of  the  Confederate  States,  or  of  the  State  of 
Alabama  in  the  war  between  the  States ;  or 

Second — The  lawful  descendants  of  persons  who  hon- 
orably served  in  the  land  or  naval  forces  of  the  United 
States  in  the  war  of  the  American  Revolution,  or  in  the 
war  of  1812,  or  in  the  war  with  Mexico,  or  in  any  war 
with  the  Indians,  or  in  the  War  between  the  States,. 
or  in  the  land  or  naval  forces  of  the  Confederate  States, 
or  of  the  State  of  Alabama  in  the  war  between  the 
States;  or 

Third — All  persons  who  are  of  good  character  and 
who  understand  the  duties  and  obligations  of  citizen- 
ship under  a  republican  form  of  government. 

181.  After  the  first  day  of  January,  1903,  the  fol- 
fowing  persons,  and  no  others,  who,  if  their  plnce  of 
residence  shall  remain  unchanged,  will  have,  at  the 
date  of  the  next  general  election,  the  qualifications  as 
to  residence  prescribed  in  Section  178  of  this  article,. 


CONSTITUTIOXAL  CONVENTION.  1565 

shall  be  qualified  to  register  as  electors;  provided,  they 
shall  uot  be  disqualified  uuder  Sectiou  182  of  this  arti- 
cle : 

I^irst — Those  who  eau  read  aud  write  auy  arti- 
cle of  the  Constitutiou  of  the  United  States  in 
the  English  language,  and  who,  being  physically 
able  to  work,  have  worked  or  been  regularly 
engaged  in  some  lawful  employment,  business 
register;  provided,  that  inability  to  read  and  write  shall 
uot  disqualify  any  elector,  if  sucli  disability  is  due  to 
physical  infirmity;  or, 

Second — The  owner  in  good  faith  in  his  own  right  or 
the  husband  of  a  woman  who  is  the  owner  in  good  faith 
in  her  own  right,  of  forty  acres  of  land  situated  in  this 
State,  upon  which  they  reside;  or  the  owner  in  good 
faith  in  his  own  right,  or  the  husband  of  any  woman 
who  is  the  owner  in  good  faith  in  her  own  right,  of  real 
estate  situate  in  this  State  assessed  for  taxation  at  the 
yalue  of  |300  or  more,  or  the  owner  in  good  faith,  in 
his  own  right,  or  the  husband  of  a  woman  who  is  the 
owner  in  good  faith,  in  her  own  right,  of  personal  prop- 
erty in  this  State  assessed  for  taxation  at  |300  or  iliore; 
provided,  that  the  taxes  due  upon  such  real  or  personal 
propert}''  for  the  year  next  preceding  the  year  in  which 
he  offers  to  register,  shall  have  been  paid,  unless  the  as- 
sessment shall  have  been  legally  contested  and  is  unde- 
termined. 

182.  The  following  persons  shall  be  disqualified, 
bath  from  registering  and  from  voting,  namely : 

All  idiots  and  insane  persons;  those  who  shall,  by 
reason  of  conviction  of  crime,  be  disqualified  from  vot- 
ing at  the  time  of  the  ratification  of  this  Constitution; 
those  who  shall  be  convicted  of  treason,  murder, 
arson,  embezzlement,  malfeasance  in  office,  larceny,  re- 
ceiving stolen  property,  obtaining  property  or  money 
under  false  pretenses,  perjury,  subornation  of  perjury, 
robbery,  assault  with  intent  to  rob,  burglary,  forgery, 
bribery,  assault  and  battery  on  the  wife,  bigamy,  living 
in  adultery,  sodomy,  incest,  rape,  miscegenation,  crime 
against  nature,  or  any  crime  punishable  by  imprison- 
ment in  the  penitentiary,  or  of  any  infamous  crime  or 


1566  Journal  of  Alabama 

crime  involving  moral  turpitude;  also,  any  person  who 
shall  be  convicted  as  a  vagrant  or  tramp,  or  of  selling 
or  offering  to  sell  his  vote  or  the  vote  of  another,  or  buy- 
ing or  offering  to  buy  the  vote  of  another,  or  of  making 
or  ottering  to  make  a  false  return  in  any  election 
by  the  people  or  in  any  primary  election  to  procure 
the  nomination  or  election  of  any  person  to  any  office, 
or  of  suborning  any  witness  or  registrar  to  secure  the 
registration  of  any  person  as  an  elector. 

183.  No  person  shall  be  qualified  to  vote  or  parti- 
cipate in  any  primary  election,  party  convention,  mass 
meeting,  or  other  method  of  party  action  of  any  politi- 
cal party  or  faction,  who  shall  not  possess  the  qualifica- 
tions jH'escribed  in  this  article  for  an  elector,  or  who 
shall  be  disqualified  from  voting  under  the  provisions  of 
this  article. 

184.  No  person,  not  registered  and  qualified  as 
an  elector  under  the  provisions  of  this  article  shall  vote 
at  the  general  election  in  1902,  or  at'  any  subsequent 
State,  county  or  municipal  election,  general,  local  or 
special ;  but  the  provisions  of  this  article  shall  not  apply 
to  auv  election  held  prior  to  the  general  election  in  the 
year  i902. 

185.  Any  elector  whose  right  to  vote  shall  be 
challenged  for  any  legal  cause  before  an  election  officer 
slrall  be  required  to  swear  or  affirm  that  the  matter  of 
the  challenge  is  untrue  befoi'e  his  vote  shall  be  received, 
and  any  one  who  wilfully  swears  or  affirms  falsely  there- 
to shall  l)e  guilty  of  perjury,  and  upon  conviction  there- 
of shall  be  imi)risoned  in  the  penitentiary  for  not  less 
than  on(^  nor  more  than  five  years. 

186.  The  Legislature  shall  provide  by  law 
for  the  registration,  after  tlie  first  day  of  January,  1903, 
of  all  qualified  electors.  Until  the  first  day  of  Janu- 
ary, 1903,  all  electors  shall  be  registered  under  and  in 
accordance  witli  the  requirements  of  this  Section  as 
follows: 

First — Registration  shall  be  conducted  in  each  county 
bv  a  board  of  three  reputable  and  suitable  persons  resi- 
dent in  the  county,  who  shall  not  hold  any  elective  of- 
fice during  their  term,   to  be  appointed   within   sixty 


COXSTITUTIOXAL  CONVENTION.  H67 

days  after  the  ratification  of  this  Constitution  by  tlie 
Governor,  Auditor  and  Commissioner  of  Agriculture 
and  Industries,  or  a  majority  of  them,  acting  as  a  Board 
of  Appointment.  If  one  or  more  of  the  persons  ap- 
pointed on  such  Board  of  Registration  shall  refuse,  neg- 
lect or  be  unable  to  qualify  or  serve,  or  if  a  vacancy  or 
vacancies  occur  in  the  membership  of  the  Board  of  Reg- 
istrars from  an}^  cause,  the  Governor,  Auditor  and  Com- 
missioner of  Agriculture  and  Industries  or  a  majority 
of  them  acting  as  a  Board  of  Appointment,  sliall  make 
other  appointments  to  fill  such  Board.  Each  registrar 
shall  receive  |2  per  day,  to  be  paid  by  the  ^tate,  and 
disbursed  by  the  several  Judges  of  Probate,  for  each  en- 
tire day's  attendance  upon  the  sessions  of  the  Board. 

Before  entering  upon  the  performance  of  the  duties 
of  his  office,  each  registrar  shall  take  the  same  oath  re- 
quired of  the  judicial  officers  of  the  State,  which  oath 
may  be  administered  by  any  person  authorized  by  law 
to  administer  oaths.  The  oath  shall  be  in  writing  and 
subscribed  by  the  registrar  and  filed  in  the  office  of  the 
Judge  of  Probate  of  the  county. 

Second — Prior  to  the  first  day  of  August,  1902,  the 
Board  of  Registrars  in  each  county  shall  visit  each  pre- 
cinct at  least  once  and  oftener  if  necessary  to  make  a 
complete  registration  of  all  persons  entitlecl  to  register, 
and  shall  remain  there  at  least  one  day  from  S  o'clock  in 
the  morning  until  sunset.  Thej  shall  give  at  least  twenty 
days'  notice  of  the  time  when,  and  the  place  in  the  pre- 
cinct where  they  will  attend  to  register  applicants  for 
registration,  by  bills  posted  at  five  or  more  public  places 
in  each  election  precinct,  and  by  advertisement  once  a 
week  for  three  successive  weeks  in  a  newspaper,  if 
there  be  on(^  published  in  the  county.  Upon  failure 
to  give  such  notice,  or  to  attend  any  appointment  made 
by  them  in  any  precinct,  they  shall,  after  like  notice, 
fill  new  appointments  therein;  but  the  time  consumed 
by  the  board  in  completing  such  registration  shall  not 
exceed  sixty  working  days  in  any  county,  except  that  in 
counties  of  more  than  900  square  miles  in  area  such 
board  may  consume  seventy-five  working  days  in  com- 
pleting the  registration  and  except  that  in  counties  in 


1568  JouuxAL  OF  Alabama 

wliioli  there  is  any  city  of  8,000  or  more  inhabitants,  the 
board  may  remain  in  session,  in  addition  to  tlie  time 
hereinbefore  prescribed,  for  not  more  than  three  suc- 
eessive  weeks  in  each  of  such  cities;  and  thereafter  the 
board  mnj  sit  from  time  to  time  in  each  of  snch  cities  not 
more  than  one  week  in  each  month,  and  except  that  in 
the  county  of  Jefferson  the  board  may  hold  an  additional 
session  of  not  exceeding'  five  consecntive  days  duration 
for  each  session,  in  each  town  or  city  of  more  than  1,000 
and  less  than  8,000  inhabitants.  No  person  shall  be 
registered  except  at  the  county  site  or  in  the  precinct 
in  which  he  resides.  The  registrars  shall  issue  to  each 
person  registered  a  certificate  of  registration. 

Third — The  board  of  registrars  shall  not  register  any 
person  between  the  1st  day  of  August,  1902,  and  the  Fri- 
day next  preceding  the  day  of  election  in  November, 
1902.  On  Friday  and  Saturday  next  preceding  the  day 
of  election  in  November,  1902,  they  shall  sit  in  the  court 
house  of  each  county  during  such  days,  and  shall  regis- 
ter all  applicants  having  the  qualifications  prescribed 
by  Sec.  180  of  this  Constitution,  aud  not  disqualified 
under  Sec.  182  who  shall  have  reached  the  age  of  twenty- 
one  years  after  the  first  day  of  August,  1902,  or  who  shall 
prove  to  the  reasonable  satisfaction  of  the  board  that, 
by  reason  of  physical  disability  or  unavoidable  absence 
from  the  county,  they  had  no  opportunity  to  register 
prior  to  the  first  day  of  August,  1902,  and  they  shall 
not  on  such  days  register  any  other  persons.  When 
there  are  two  or  more  court  houses  in  a  county,  the  regis- 
trars may  sit  during  such  two  days  at  the  court  house 
they  may  select,  but  shall  give  ten  days'  notice,  by  bills 
posted  at  each  of  the  court  houses,  designating  the  court 
house  at  which  they  will  sit. 

Fourth — The  Board  of  Registrars  shall  hold  sessions 
at  the  court  house  of  their  respective  counties  during 
the  entire  third  week  in  November,  1902,  and  for  six 
working  days  next  prior  to  the  twentieth  day  of  Decem- 
ber, 1902,  during  which  sessions  they  shall  register  all 
persons  applying  who  possess  the  qualifications  pre- 
scribed in  Section  180,  and  who  shall  not  be  disquali- 
fied under  Section  182  of  this    article.      In    counties 


Constitutional  Convention.  "  1569 

where  there  are  two  or  more  court  houses,  the  Board  of 
Eegistrars  shall  divide  the  time  equall}^  between  them. 
The  Board  of  Registrars  shall  give  notice  of  the 
time  and  place  of  such  sessions  by  posting 
notices  at  each  court  house  in  their  respective  counties, 
and  at  each  voting  place  and  at  three  other  public 
places  in  the  county,  and  b}^  publication  once  a  week  for 
two  consecutive  weeks  in  a  newspaper,  if  one  be  pub- 
lished in  the  county;  sucli  notices  to  be  posted  and 
such  publications  to  be  commenced  as  early  as  practi- 
cable in  the  first  week  of  November,  1902.  Failure  on 
.  the  part  of  the  registrars  to  conform  to  the  provisions  of 
this  article  as  to  the  giving  of  the  required  notices  to 
be  given  shall  not  invalidate  any  registration  made  by 
them. 

Fifth — The  Board  of  Registrars  shall  have  power  to 
examine  under  oath  or  affirmation  all  applicants  for 
registration,  and  to  take  testimony  touching  the  quali- 
fications of  such  applicants ;  each  member  of  such  board 
is  authorized  to  administer  the  oath  to  be  taken  by  the 
applicants  and  witnesses,  which  shall  be  in  the  follow- 
ing form,  and  subscribed  by  the  person  making  it,  and 
preserved  by  the  board,  namely : 

"I  solemnly  swear  (or  affirm)  that  in  the  matter  of 

the  application  of    for  registration   as  an 

elector,  I  will  speak  the  truth,  the  Avhole  truth,  and 
nothing  but  the  truth,  so  help  me  God." 

Any  person  who  upon  such  examination  umkes  any 
wilfully  false  statement  in  reference  to  any  material 
matter  touching  the  qualification  of  any  applicant  for 
registration  shall  be  guilty  of  perjury,  and  upon  convict- 
ion thereof  shall  be  imprisoned  in  the  penitentiary  for 
not  less  than  one  year  nor  more  than  five  years. 

Sixth — The  action  of  the  majority  of  the  Board  of 
Registrars  shall  be  the  action  of  the  board,  and  a  ma- 
jority of  the  board  shall  constitute  a  quorum  for  the 
transaction  of  all  business.  Any  person  to  whom  regis- 
tration is  denied  shall  have  the  right  of  appeal,  without 
giving  security  for  costs,  within  thirty  days  after  such 
denial,  by  filing  a  petition  in  the  Circuit  Court 
or    Court    of    like    jurisdiction    held    for    the    county 

99 


1570  Journal  of  Alabama 

in  which  he  seeks  to  register,  to  have  his  qnalilications 
as  au  elector  determiued.  Upon  the  filing  of 
the  petition  the  clerk  of  the  court  shall  give  notice  there- 
of to  an}^  Solicitor  authorized  to  represent  the  State  in 
said  county,  whose  duty  it  shall  be  to  appear  and 
defend  against  the  petition  on  behalf  of  the  State.  Upon 
such  trial,  the  court  shall  charge  the  jury  only  as  to 
what  constituted  the  qualifications  that  entitled  the  ap- 
plicant to  become  an  elector  at  the  time  he  applied  for 
registration,  and  the  jury  shall  determine  the  weight 
and  effect  of  the  evidence  and  return  a  verdict  From 
the  judgment  rendered  an  appeal  will  lie  to  the  Supreme 
Court  in  favor  of  the  petitioner,  to  be  taken  within 
thirty  days.  Final  judgment  in  favor  of  the  petitioner 
shall  entitle  him  to  registration  as  of  the  date  of  his  ap- 
plication to  the  registrars. 

Seventh — The  Secretary  of  State  shall,  at  the  expense 
of  the  State,  have  prepared  and  shall  furnish  to  the 
registrars  and  Judges  of  Probate  of  the  several  counties 
a  sufficient  number  of  registration  books  and  of  bl-ink 
forms  of  oaths,  certificates  of  registration  and  notices 
recpiired  to  be  given  by  the  registrars.  The  cost  of  the 
pul)licati(ui  in  newspapers  of  the  notices  required  to  be 
aiven  by  the  registrars  shall  be  paid  by  the  v^tate,  the 
bills  therefor  to  be  rendered  to  the  Secretary  of  State 
and  appw)ved  by  him. 

Eighth- — Any  person  who  registers  for  another,  or  who 
registers  more  than  once,  and  any  registrar  who  enters 
the  name  of  any  person  on  the  list  of  registered  voters, 
without  such  person  having  made  application  in 
person  under  oath  on  a  form  i)r()vi(le(l  for  that  purpose, 
or  who  knowingly  registers  any  person  more  than  once, 
or  who  knowingly  enters  a  name  upon  the  registration 
list  as  the  name  of  a  voter,  without  any  one  of  that 
name  applying  to  register,  shall  be  guilty  of  a  felony, 
and  upon  conviction  thereof  shall  hi^  iui]n'isoned  in  the 
penitentiary  for  not  less  than  one  nor  uiore  than  five 
years. 

187.  The  Board  of  Registrars  in  each  county  shall,  on 
or  before  the  1st  day  of  February,  1908,  or  as  soon  there- 
after as  is  practicable,  file  in  the  office  of  the  Judge  of 


Constitutional  Convention.  1571 

Probate  of  their  county,  a  complete  list  swoii)  to  hy  tlieiu 
of  all  persons  registered  in  their  county,  showing  the  age 
of  such  persons  so  registered,  with  the  precinct  or  ward 
in  which  each  of  such  persons  reside  set  opposite  the 
name  of  such  persons  and  shall  also  tile  a  like  list  in  the 
office  of  the  Secretar}'  of  State.  The  Judge  of  Probate 
shall,  on  or  before  the  first  day  of  INiarch,  1003,  or  as 
soon  thereafter  as  is  practicable,  cause  to  be  made  from 
such  list  in  duplicate  in  the  books  furnished  by  the  Secre- 
tary of  State,  an  alphabetical  list  by  precincts  of  the 
persons  shown  by  the  list  of  the  registrars  to  have  been 
registered  in  the  county,  and  shall  file  one  of  such  alpha- 
betical lists  in  the  office  of  Secretary  of  State ;  for  which 
services  by  the  Judge  of  Probate  cj)mpensation  shall  be 
provided  by  the  Legislature.  The  Judges  of  Pro- 
bate shall  keep  both  the  original  list  filed  by  the  regis- 
trars and  the  alphabetical  list  made  therefrom  as  rec- 
ords in  the  office  of  the  Judge  of  Prol>ate  of  the  county 
Unless  he  shall  become  disqualified  under  the  provis- 
ions of  this  article,  any  one  Avho  shall  register  prior  to 
the  first  day  oi  January,  1903,  shall  renuiin  an  elector 
during  life,  and  shall  not  be  required  to  register  again 
unless  he  changes  his  residence,  in  which  event  he  may 
register  again  on  production  of  his  certificate.  The  cer- 
tificate of  the  registrars  or  of  the  Judge  of  Probate  or  of 
the  Secretary  of  State  shall  be  sufficient  evidence  to  es- 
tablish the  fact  of  such  life  registration.  Such  certifi- 
cate shall  be  issued  free  of  charge  to  the  elector,  and  the 
Legislature  shall  provide  by  law  for  the  renewal  of  suck 
certificate  when  lost,  mutilated  or  destroyed. 

188.  From  and  after  the  first  day  of  January, 
1903,  any  applicant  for  registration  may  be  required  to 
state  under  oath,  to  be  administered  by  a  registrar 
or  by  any  person  authorized  by  law  to  administer  oaths, 
where  he  lived  during  the  five  years  next  preceding  the 
time  at  which  he  applies  to  register,  and  tlie  name  or 
names  by  which  he  was  known  during  that  period,  and 
the  names  of  his  employer  or  employers,  if  any,  during 
such  period.  Any  applicant  for  registration  who  re- 
fuses to  state  such  facts,  or  any  of  them,  shall  not  be 
entitled  to  register,  and  any  person  so  offering  to  regis- 


1572  JouiiNAL  OF  Alabama 

ter  who  wilfully  makes  a  false  statement  in  regard  to 
such  matters  or  any  of  them,  shall  be  guilty  of  perjury, 
and  upon  conviction  thereof  shall  be  imprisoned  in  the 
penitentiary  for  not  less  than  one  nor  more  than  five 
years. 

189.  In  the  trial  of  any  contested  election,  and  in 
proceedings  to  investigate  any  election,  no  person  other 
than  a  defendant  shall  be  allowed  to  withhold  his  testi- 
mony on  the  ground  that  he  may  criminate  liimself 
or  subject  himself  to  public  infamy;  but  such  person 
shall  not  be  prosecuted  for  any  offense  arising  out  of 
the  transaction  concerning  which  he  testified,  but  may 
be  prosecuted  for  perjury  committed  on  such  examina- 
tion. 

190.  The  Legislature  shall  pass  laws  not 
inconsistent  with  this  Constitution  to  regulate  and  gov- 
ern elections,  and  all  such  laws  shall  be  uniform 
throughout  the  State;  and  shall  provide  by  law  for  the 
manner  of  holding  elections  and  of  ascertaining  the  re- 
sult of  the  same,  and  shall  provide  general  registration 
laws  not  inconsistent  with  the  provisions  of  this  article, 
for  the  registration  of  all  qualified  electors  from  and 
after  the  first  day  of  January,  1903.  The  Leg- 
islature shall  make  provision  by  law,  not  incon- 
sistent with  this  article,  for  the  regulation  of  primary 
elections,  and  for  punishing  frauds  at  the  same,  but 
shall  not  make  primary  elections  compulsory.  The 
Legislature  shall  b}^  law  provide  for  purging  the 
registration  list  of  the  names  of  those  Avho  die,  become  in- 
sane or  convicted  of  crime  or  otherwise  disqualified  as 
electors  under  the  provisions  of  this  Constitution,  and  of 
any  names  which  may  have  been  fraudulently  entered  on 
such  list  by  the  Registrars;  provided,  that  a  trial  by  jury 
may  be  had  on  the  demand  of  any  person  whose  name  is 
proposed  to  be  stricken  from  the  list. 

191.  It  shall  be  the  duty  of  the  Legislature 
to  pass  adequate  laws  giving  protection  against  the 
evils  arising  from  the  use  of  intoxicating  liquors  at 
all  elections. 

192.  Electors  shall  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest 


Constitutional  Convention.  1573 

during  their  attendance  at  elections,  or  while  going  to 
or  returning  therefrom. 

193.  Keturus  of  elections  for  members  of  the  Legislat- 
ure and  for  all  civil  officers  who  are  to  be  commissioned 
by  the  Grovernor,  except  the  Attorney  General,  State 
Auditor,  Secretary  of  State,  State  Treasurer,  Superiu- 
tendent  of  Education,  and  Commissioner  of  Agriculture 
and  Industries,  shall  be  made  to  the  Secretary  of  State. 

194.  The  poll  tax  mentioned  in  this  article  shall 
be  |1.50  upon  each  male  inhabitant  of  the  State,  over 
the  age  of  twenty-one  years,  and  under  the  age  of  forty- 
five  years,  who  would  not  now  be  exempt  by  law ; 
but  the  Legislature  is  authorized  to  increase  the  maxi- 
mum age  fixed  in  this  section  to  not  more  than  sixty 
years.  Such  poll  tax  shall  become  due  and  payable  on 
the  first  day  of  October  in  each  year,  and  become  delin- 
quent on  the  first  day  of  the  next  succeeding  February, 
but  no  legal  process,  nor  any  fee  or  commission  shall  be 
allowed  for  the  collection  thereof.  The  Tax  Collector 
shall  nuike  returns  of  poll  tax  collections  separate  from 
other  collections. 

195.  Any  person  who  shall  pay  the  poll  tax  of  an- 
other, or  advance  him  money  f(n-  that  purpose  in  order 
to  influence  his  vote,  shall  be  guilty  of  bribery,  and  upon, 
conviction  thereof  shall  be  imprisoned  in  the  peniten- 
tiary for  not  less  than  one  nor  more  than  five  3"ears. 

196.  If  any  section  or  subdivision  of  this  article 
shall,  for  any  reason  be  or  be  held  by  any  court  of  com- 
petent jurisdiction,  and  of  final  resort,  to  be  invalid,  in- 
operative or  void,  the  residue  of  this  article  shall  not  be 
thereby  invalidated  or  affected. 

Mr.  Freeman  offered  the  following  amendment  to 
Article  VIII : 

An  amendment  to  the  Article  on  Suffrage  and  Elec- 
tions: By  adding  thereto  the  following: 

That  at  the  election  provided  herein  for  the  ratifica- 
tion or  rejection  of  this  Constitution,  tliat  none  but 
legal  white  voters  shall  be  eligible  to  vote;  that  in  all 
other  respects  the  existing  election  laws  of  this  State 
shall  L^overn  in  conducting  said  election;  that  all  law« 
and  Constitutional  provisions,  and  parts  of  the  same. 


1574  Journal  op  Alabama 

in  conflict  herewith,  be  and  the  same  are  hereby  repealed 
and  held  to  be  null  and  void. 

On  motion  of  Mr.  deGraffenried  the  amendment  was 
laid  upon  the  table. 

Mr.  Burns  offered  the  following  amendment  to  Arti- 
cle VIII : 

Amend  Article  VIII,  Section  1S2,  line  15,  by  insert- 
ing between  the  words  ''persons"  and  '"those"  all  illegi- 
timates Avhose  disabilities,  as  such  have  not  been  re- 
moved by  tlie  Governor  or  some  Chancellor. 

On  motion  of  Mr.  Case  the  amendment  was  laid  upon 
the  table. 

Mr,  Coleman  of  Greene  offered  the  following  amend- 
ment to  Article  VIII : 

Amend  Section  180,  pags  4G,  by  striking  out  the  word 
"having"  in  line  23,  and  inserting  in  lieu  thereof  the 
■words  "shall  not  have,"  and  by  striking  out  the  words 
■"has  not  failed  so  to  do,"  in  line  2,  on  page  IT. 

The  amendment  was  adopted  by  unanimous  consent. 

Mr.  Coleman  of  Greene  offered  the  following  amend- 
ment to  Article  VIII: 

Amend  first  subdivision  r)f  Section  181,  page  47,  by 
striking  out  the  words  "being  physically  able  to  work" 
and  inserting  in  lieu  the  words  "and  are  physically  un- 
able to  work,  and  those  who  can  read  and  write  any  arti- 
cle of  the  Constitution  of  the  United  States  and,"  and 
by  striking  out  all  of  said  subdivision  at  the  top  of  page 
48  beginning  ^^'ith  the  words  "provided"  and  ending 
with  the  won]  "infirmity." 

On  motion  of  Mr.  deGraffenried  Section  181  and 
amendment  were  recommitted  to  the  Committee  on  Suf- 
frage and  Elections  and  tliat  they  be  requested  to  re- 
port a  su])stitute  for  Section  181  at  this  afternoon's  ses- 
sion. 

The  motion  i)revailed. 

Mr.  Iveynolds  of  Chilton  oifered  the  following  amend- 
ment to  Artirh'  VIII  which  was  recommitted  to  the 
Committee  on  Suffrage  and  Elections: 

Amend  subdivisicm,  2  Section  181,  by  adding  at  the 
^'nd  thereof  the  following,  viz:  "Provided,  that  the 
owner  in  good  faith,  in  his  own  riglit,  or  the  husband 


Constitutional  Convention. 


1575 


of  a  woman  wlio  is  the  owner  in  lier  own  right,  of  $300 
in  value  of  real  and  personal  property  upon  which 
the  taxes  have  been  paid,  may  also  register  and  vote  if 
he  is  otherwise  qualified  under  this  Constitution. 

RECESS. 

Pending  the  further  consideration  of  the  report  of 
the  Committee  on  Order,  Consistency  and  Harmony  of 
the  Whole  Constitution,  the  hour  of  1  o'clock  arrived, 
under  the  rules  the  Convention  recessed  until  3  :30  this 
afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted 
a  quorum : 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barelield, 

Bartlett, 

I  leavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carnathon, 


Case, 

( 'hapman, 

Cobb, 

Cofer, 

Coleman  (Greene), 

Coleman  ( Walker ) , 

Craig, 

C'unningham, 

Davis  (DeKalb), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

^'Vrcuson, 

Fitts. 

Fletcher, 

Foshee, 

Foster, 


1576 


Journal  of  Alabama 


Freeman, 

Gilmore, 

Glover, 

Graham  ( Montgomery ) , 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  ^Randolph), 

Henderson, 

Hodges, 

Hcod 

Howell, 

Howze, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Hale), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Ledbetter, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Mai  one, 

Martin, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox^ 

Moody, 

Mnlkey, 

Murphree, 

NeSmith, 

Norman, 


Norwood, 

Gates, 

O'Neal  ( Lauderdale) , 

O'Neill,  (Jefferson), 

(,)pp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Porter, 

Proctrjr, 

Reese, 

lieynolds  (Chilton), 

Ivogeis  (Sumter)^ 

Samford, 

Sanders, 

Sanford, 

Selheimer, 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  (Barbour), 

Will iams  ( Marengo ) , 

Williams  (Elmore), 

Wilsor  (Clarke) 

Wilson   (Washington), 

Winn— 121. 


Constitutional  Convention.  1577 

REPORT   of   the   COMMITTEE   ON   ORDER^   CONSISTENCY   AND 
HARMONY   OF   THE  WHOLE  CONSTITUTION. 

Mr.  White,  chairman  of  the  Committee  on  Order, 
Consistency  and  Harmony  of  the  Whole  Constitution, 
submitted  the  following  report: 

Mr.  President: 

The  Committee  on  Order,  Consistency  and  Harmony 
of  the  Constitution,  to  which  was  referred  resolution 
No.  326,  by  Mr.  Sanders  of  Limestone,  respectfully  re- 
port the  said  resolution  back  with  the  recommendation 
that  the  same  do  not  pass. 

Kespectfully  submitted, 

Frank  S.  White^  Chairman. 

The  resolution  was  read  as  follows : 

Resolution  326: 

Eesolved,  That  all  oflflcers  elected  by  the  people  in 
the  respective  counties  of  this  State,  whose  terms  of 
office  is  four  years,  and  expires  in  the  year  1904,  are 
hereby  continued  in  office  until  their  successors  shall 
have  been  elected  at  the  general  election  in  1906. 

Mr.  Samford  moved  that  the  consideration  of  the  re- 
port be  made  a  special  order  for  12  o'clock  to-morrow. 

On  motion  of  Mr.  Greer  of  Calhoun  the  motion  of 
Mr.  Samford  was  laid  upon  the  table. 

report  of  the  committee  on   schedule^  printing  AND 

incidental  expenses. 

Mr.  Heflin  of  Randolph,  chairman  of  the  Committee 
on  Schedule,  Printing  and  Incidental  Expenses,  re- 
ported favorably  ordinance  459,  which  was  laid  upon 
the  table,  and  300  copies  ordered  printed. 

Ordinance  459 :  To  appropriate  $143.75  for  the  pay- 
ment of  C.  B.  Brown  and  the  Alabama  Printing  Com- 
pany for  services  performed  for  the  State  of  Alabama- 
for  the  use  of  the  Constitutional  Convention. 


1578  Journal  of  Alabama 

repokt  of  committee  ox  suffrage  and  elections. 

Mr.  Coleman  of  Green,  chairman  of  the  Committee 
on  Suffrage  and  Elections,  submitted  the  following  re- 
port : 

Mr.  President : 

The  Committee  on  Suffrage  and  Elections  directs  me 
to  report  the  following  provision  as  a  substitute  for  the 
first  subdivision  of  Section  181.  The}'  further  direct 
me  to  report  the  remainder  of  said  section  181  without 
further  modification  or  change. 

Thomas  W.  Coleman^  Chair  man. 

Subdivision  for  the  first  subdivision  of  Section  181 : 

First,  Those  who  can  read  and  write  any  piirt  of  the 
Constitution  of  the  United  States  in  the  English 
language,  and  who  are  physically  unable  to  work,  and 
those  who  can  read  and  write  any  article  of  the  Consti- 
tution of  the  United  States  in  the  English  language  and 
have  worked  or  been  regularly  engaged  in  some  lawful 
emploj^ment,  business  or  occupation,  trade  or  calling 
for  the  greater  part  of  the  twelve  months  next  preceding 
the  time  they  offer  to  register,  and  those  who  are  un- 
able to  read  and  write,  if  such  inability  is  due  solely 
to  physical  disability;  or. 

The  sul)stitute,  as  reported  by  the  Committee  on 
Suffrage  and  Elections  for  subdivision  1  of  Section  181, 
Avas  adopted. 

Mr.  Harrison  offered  tlie  following  amenduu^nt  to 
Section  181,  subdivision  2  : 

Amendment  to  Section  181,  subdivision  2,  by  adding 
in  line  9  after  the  word  "property"  and  before  the  words 
"in  this  State'-  the  words  "or  of  real  and  personal  prop- 
erty." 

Mr.  deCratfenried  moved  to  talde  the  auu^ndment  of- 
fered by  ^Ir.  Harrison. 

The  motion  was  hist:  Yeas,  31;  nays,  90. 


Constitutional  Convention. 


1579 


Messrs.  President, 

Altman, 

Barefield, 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

(leGraffenried, 

Ferguson, 

Olover, 

Graham  (^Montgomery), 

Greer  (Perry), 

Hood, 

Jones  (Wilcox), 

Kirk, 


YEAS. 

Knight, 
Macdonald, 
McMillan  (Wilcox), 
Miller  (Wilcox), 
Norwood, 

O'Neal  (Lauderdale), 
Parker  (Cullman), 
I  i cose, 
Sanders. 
Smith,  Mac.  A., 
Sorrel  1, 
Stewart, 
Vaughan, 

Williams  (Elmore), 
AMlson  (  AVashington) — 31. 


nays. 


Messrs.  Ash  era  ft. 

Banks, 

Bartlett, 

Beavers, 

Beddow, 

Bothune, 

Blackwell, 

Boone, 

Brooks, 

Burns, 

Byars, 

•Cardon, 

Carmichael  (Colbert), 

Case, 

Cofer, 

Craig, 

Cunningham, 

Davis  (beKalb), 

Dnvis  (Etowah), 

Dent, 

Duke, 

Eley, 


Eyster, 

Fitts, 

Fletcher, 

Foshee,  . 

Foster, 

Freeman, 

Graham  (Talladega) 

Grant, 

Grayson, 

Greer  (Calhoun), 

EI  a  ley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

IleHin  (Randolph), 

Keiiderson, 

Hodges, 

Howell, 

riowze, 

Inge, 

Jackson, 


1580 


Journal  of  Alabama 


Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Kyle, 

Ledbetter, 

Lomax, 

Lowe  (Lawrence), 

McMillan  (Baldwin), 

Malone, 

Martin, 

Merrill, 

Miller  (Marengo), 

Moody, 

Mulkey, 

Murphree, 

Norman, 

Oates, 

O'Neill  (Jefferson), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Elmore), 

Pearce, 

Pettus, 


Phillips, 

Pillans, 

Porter, 

Proctor, 

Reynolds  (Chilton), 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sam  ford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Spears, 

Spragins, 

Studdard, 

AA^addell, 

Walker, 

Watts, 

Weatherly, 

White, 

Whiteside, 

Wilson  (Clarke), 

Winn— 90. 


The  question  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Harrison. 

The  amendment  was  adopted. 

Mr.  White  offered  the  following  amendment  to  Arti- 
cle VIII,  which  was  adopted : 

Amend  Section  189  by  adding  after  the  words  "any 
election"  at  the  end  of  line  24,  the  following:  "And  in 
criminal  prosecutions  for  violations  of  election  laws," 
and  by  adding  after  the  word  "defendant"  in  line  25,  the 
following,  "in  such  criminal  prosecution." 

On  motion  of  Mr.  White,  Article  VIII,  as  amended, 
w^as  adopted. 

Article  VIII  was  referred  to  the  Committee  on  Order^ 
Consistency  and  Harmonv  of  the  Whole  Constitution. 


Constitutional  Convention.  1581 

ARTICLE  IX. 

REPRESENTATION. 

Was  read  at  leiigtli  as  follows,  and  adopted : 
ARTICLE  IX. 

REPRESENTATION. 

197.  The  whole  number  of  Sjenators  shall  be 
not  less  than  one-fourth,  or  more  than  one-third  of  the 
whole  number  of  Representatives. 

198.  The  House  of  Representatives  shall  consist 
of  not  more  than  one  hundred  and  live  members,  unless 
new  counties  shall  be  created,  in  which  event  each  new 
county  shall  be  entitled  to  one  Representative.  The  mem- 
bers of  the  House  of  Representatives  shall  be  appor- 
tioned by  the  Legislature  among  the  several  counties  of 
the  State,  according  to  the  number  of  inhabitants  in 
them  respectively,  as  ascertained  by  the  decennial  census 
of  the  United  States;  which  apportionment  when  made 
shall  not  be  subject  to  alteration  until  the  next  session 
of  the  Legislature  after  the  next  decennial  census 
of  the  United  States  shall  have  been  taken. 

199.  It  shall  be  the  duty  of  the  Legislature 
at  its  first  session  after  the  taking  of  the  decennial 
census  of  the  United  States  in  the  year  1910,  and  after 
each  subsequent  decennial  census,  to  fix  by  law  the  num- 
ber of  Representatives,  and  apportion  them  among  the 
several  counties  of  the  State,  according  to  the  number 
of  inhabitants  in  them  respectively;  provided,  that  each 
county  shall  be  entitled  to  at  least  one  Representative. 

200.  It  shall  be  the  duty  of  the  Legislature 
at  its  first  session  after  the  taking  of  the  decennial  cen- 
sus of  the  United  States  in  the  year  1910,  and  after  each 
subsequent  decennial  census,  to  fix  by  law  the  number 
of  Senators,  and  to  divide  the  State  into  as  many  Sena- 
torial districts  as  there  are  Senators,  which  districts 
shall  be  as  nearly  equal  to  each  other  in  the  number  of 
inhabitants  as  may  be,  and  each  shall  be  entitled  to  one 


1582  JouuNAL  OF  Alabama 

Senator,  and  no  more;  and  snch  districts,  when  formed 
shall  not  be  changed  until  the  next  apportioning  ses- 
sion of  the  Legislature  after  the  next  decennial 
census  of  the  United  States  shall  have  been  taken;  pro- 
vided, that  counties  created  after  the  next  preceding 
apportioning  session  of  tlie  Legislature  may  be 
attached  to  Senatorial  districts.  No  county  shall  be 
divided  between  two  districts,  and  no  district  shall  be 
made  up  of  two  or  more  counties  not  contiguous  to  each 
other. 

201.  Should  any  decennial  census  of  the  United 
States  not  betaken,  or  if  when  taken  the  same,  as  to  this 
State  be  not  full  and  satisfactory,  the  Legislature  shall 
have  power  at  its  first  session  after  the  time  shall  have 
elapsed  for  the  taking  of  said  census,  to  provide  for  an 
enumeration  of  all  the  inhabitants  of  this  State, 
upon  which  it  shall  be  the  duty  of  the  Legis- 
lature to  make  the  apportionment  of  Kepresentatives 
and  Senators,  as  provided  for  in  this  article. 

202.  Until  the  Legislature  shall  make  an 
ai3portionment  of  Representatives  among  the  several 
counties  as  provided  in  the  preceding  section  the  counties 
of  Autauga,  Baldwin,  Bibb,  Blount,  Cherokee,  Chilton, 
Choctaw,  Clay,  Cleburne,  Coffee,  Colbert,  Conecuh, 
Coosa,  Covington,  Crenshaw,  Cullman,  Dale,  DeKalb, 
Escambia,  Fayette,  Franklin,  Geneva,  Greene,  La- 
mar, Lawrence,  Limestone,  Macon,  Marion,  Marshall, 
Monroe,  Pickens,  Randolph,  St.  Clair,  Shelby,  Wash- 
ington, and  Winston  shall  each  have  one  Representa- 
tive; the  counties  of  Barbour,  Bullock,  Butler,  Cal- 
houn, Chambers,  Clarke,  Elmore,  Etowah,  Hale,  Henry, 
Jackson,  Lauderdale,  Lee,  Lowndes,  Madison,  Marengo, 
Morgan,  Perry,  Pike,  Russell,  Sumter,  Talladega,  Tala- 
poosa,  Tuscaloosa,  Walker  and  Wilcox  shall  each  have 
two  Representatives ;  the  counties  of  Dallas  and  ^Mobile 
shall  each  have  three  Representatives;  the  county  of 
Montgomery  sliall  have  four  Kepresentatives;  and  the 
county  of  Jefferson  shall  have  seven  Representatives. 

203.  Until  the  Legislature  shall  divide  the 
State  into  Senatorial  districts,  as  herein  provided,  the 
Senatorial  districts  shall  be  as  follows: 


COXSTITUTIONAI.  CONVENTION.  1583 

Firs't  district,  Lauderdale  aud  Limestone;  Becond 
district,  Lawrence  and  Morgan;  Third  district,  Blount, 
Cullman  and  Winston;  Fourtli  district,  Madison;  Fifth 
district,  Jackson  and  ]Marshall;  Sixth  district,  Etowah 
and  St.  Clair;  Seventh  district,  Calhoun;  Eighth  dis- 
trict, Talladega ;  Ninth  district,  Chambers  and  Ran- 
dolph; Tenth  district,  Tallapoosa  and  Elmore;  Eleventh 
district,  Tuscaloosa;  Twelfth  district,  Fayette,  Lamar 
and  Walker;  Thirteenth  district,  Jefferson;  Fourteenth 
district,  Pickens  and  Sumter;  Fifteenth  District,  Au- 
tauga, Chilton  and  Shelby;  Sixteenth  district,  Lowndes; 
Seventeenth  district,  Butler,  Conecuh  and  Covington; 
Eighteenth  district,  Bibb  and  Perry;  Nineteenth  dis- 
trict, Choctaw,  Clarke  and  Washington;  Twentieth  dis- 
trict, Marengo;  Twenty-first  district,  Baldwin,  Escam- 
bia and  Monroe;  Twenty-second  district,  Wilcox;  Tw^en- 
ty -third  district.  Dale  and  Geneva;  Twenty-fourth  di>(- 
trict,  Barbour;  Twenty-fifth  district,  Coffee,  Crenshaw 
and  Pike;  Twenty-sixth  district,  Bullock  and  Macon; 
Twenty-seventh  district,  Lee  and  Russell ;  Twenty-eighth 
district,  Montgomery;  Twenty-ninth  district,  Cherokee 
and  DeKalb;  Thirtieth  district,  Dallas;  Thirty-first 
district,  Colbert,  Franklin  and  Marion;  Thirty-second 
district,  Greene  and  Hale;  Thirty-third  district.  Mobile; 
Thirty- fourth  district,  Cleburne,  Clay  and  Coosa;  Thir- 
ty-fifth district,  Henry. 

ARTICLE  X. 

EXEMPTIONS. 

Was  read  at  length  as  follows,  and  adopted : 
ARTICLE  X. 

EXEMPTIONS. 

204.  The  personal  property  of  any  resident  of 
this  State  to  the  value  of  |1,000,  to  be  selected  by  such 
resident,  shall  be  exempted  from  sale  on  execution,  or 
other  process  of  any  court,  issued  for  the  collection  of 


1584  Journal  of  Alabama 

any  debt  contracted  since  the  thirteenth  day  of  July, 
1868,  or  after  the  ratification  of  this  Constitution. 

205.  Every  lioniestead,  not  exceeding  80  acres,  and 
the  dwelling  and  appurtenances  thereon,  to  be  selected 
by  the  owner  thereof,  and  not  in  any  city,  town  or  vil- 
lage, or  in  lieu  thereof,  at  the  oj^tion  of  the  owner,  any 
lot  in  a  city,  town  or  village,  with  the  dwelling  and  ap- 
purtenances thereon  owned  and  occupied  by  any  resi- 
dent of  this  State,  and  not  exceeding  the  value  of  |2,000, 
shall  be  exempt  from  sale  on  execution  or  any  other  pro- 
cess from  a  court,  for  any  debt  contracted  since  the 
thirteenth  day  of  July,  1868,  or  after  the  ratification  of 
this  Constitution.  Such  exemption,  however,  shall  not 
extend  to  any  mortgage  lawfully  obtained,  but  such 
mortgage,  or  other  alienation  of  said  homestead  by  the 
owner  thereof,  if  a  married  man,  shall  not  be  valid  with- 
out the  voluntary  signature  and  assent  of  the  wife  to 
the  same. 

206.  The  homestead  of  a  family,  after  the  death  of 
the  owner  thereof,  shall  be  exempt  from  the  payment 
of  any  debt  contracted  since  the  thirteenth  day  of  July, 
1868,  or  after  the  ratification  of  this  Constitution,  in 
all  cases,  during  the  minority  of  the  children. 

207.  The  provisions  of  Sees.  204  and  205  of  this  Con- 
stitution shall  not  be  so  construed  as  to  prevent  a  labor- 
ers' lien  for  work  done  and  performed  for  the  person 
claiming  such  exemption,  or  a  mechanic's  lien  for  work 
done  on  the  premises. 

208.  If  the  owner  of  a  homestead  die,  leaving  a 
widow,  but  no  children,  such  homestead  shall  be  ex- 
empt, and  the  rents  and  profits  thereof  shall  inure  to 
her  benefit. 

209.  The  real  or  personal  property  of  any  female 
in  this  State,  acquired  before  marriage,  and  all  prop- 
erty, real  or  personal,  to  which  she  may  afterwards  be 
entitled  by  gift,  grant,  inheritance  or  devise,  shall  be 
and  remain  the  separate  estate  and  property  of  such 
female,  and  shall  not  be  liable  for  any  debts,  obligations 
or  engagements  of  her  husband,  and  may  be  devised  by 
her,  the  same  as  if  she  was  a  feme  sole. 


Constitutional  Convention.  1585 

'210.  The  rij>lit  of  exemptiim  hereinbefore  secured, 
may  be  waived  by  an  instrument  in  writing,  and  when 
such  waiver  relates  to  realty,  the  instrument  must  be 
signed  by  both  the  husband  and  the  wife,  and  attested 
by  one  witness. 

ARTICLE  XI. 

TAXATION. 

Was  read  at  length  as  follows  : 
ARTICLE  XL 

TAXATION. 

211.  All  taxes  levied  on  property  in  this  State 
shall  be  assessed  in  exact  proportion  to  the  value  of 
such  property,  but  no  tax  shall  be  assessed  upon  any 
debt  for  rent  or  hire  of  real  or  personal  property,  while 
owned  by  the  landlord  or  hirer  during  the  current  year 
of  such  rental  or  liire,  if  such  real  or  personal  property 
be  assessed  at  its  full  value. 

212.  The  power  to  levy  taxes  shall  not  be  delegates 
to  individuals  or  private  corporations  or  associations. 

213.  After  the  ratification  of  this  Constitution,  no 
new  debt  shall  be  created  against,  or  incurred  by  this 
State,  or  its  authority,  except  to  repel  invasion  or  sup- 
press insurrection,  and  then  only  by  a  concurrence  of 
two-thirds  of  the  members  of  each  House  of  the  Legis- 
lature and  the  vote  shall  be  taken  by  yeas  and  naj'S 
and  entered  on  the  Journals;  and  any  act  creating  or 
incurring  any  new  debt  against  this  State,  except  as 
herein  provided  for,  shall  be  absolutely  void;  provided, 
the  Q-overnor  may  be  authorized  to  negotiate  tempor- 
ary loans,  never  to  exceed  |300,000,  to  meet  the  defi- 
ciencies in  the  Treasury;  and  until  the  same  is  paid 
no  new  loan  shall  be  negotiated;  provided  further,  that 
this  section  shall  not  be  so  construed  as  to  prevent  the 
issuance  of  bonds  for  the  purpose  of  refunding-  the 
existing  bonded  indebtedness  of  the  State. 

100 


1586  Journal  of  Alaba:ma 

214.  The  Legislature  shall  not  have  the  jiower 
to  levy  in  anv  one  year  a  greater  rate  of  taxation 
than  sixty-five  one-lumdredths  of  1  per  centum  on  the 
value  of  the  taxable  property  within  this  State. 

215.  No  county  in  this  State  shall  be  authorized 
to  levy  a  greater  rate  of  taxation  in  any  one  year  on  the 
value  of  the  taxable  property  therein  than  one-half  of 
one  per  centum ;  provided,  that  to  pay  debts  existing 
on  the  sixth  day  of  December,  1<S75,  an  addi- 
tional rate  of  one-fouj'th  of  one  per  centum  may  be 
levied  and  collected  >yhich  shall  be  appropriated  ex- 
clusively to  the  |>ayment  of  such  deltts  and  the  interest 
thereon ;  provided,  further,  that  to  pay  any  debt  or  lia- 
bility now  existing  against  any  county,  incurred  for  the 
erection,  construction  or  maintenance  of  the  necessary 
public  buildings  ot  bridges,  or  that  may  hereafter  be 
ereated  for  the  erection  of  necessary  public 
buildings,  bridges  or  roads,  an}'  county  may  levy 
and  collect  such  special  taxes,  not  to  exceed  one-fourth 
of  one  per  centum,  as  may  have  bi^en  or  may  hereafter 
be  authorized  by  law,  which  taxes  so  levied  and  collected 
shall  be  applied  exclusively  to  the  i)ur])()S(\s  for  Avhich 
the  same  was  so  levied  and  collected. 

21().  No  city,  town,  village  or  other  municipal  cor- 
poration, other  than  as  provided  in  this  article,  shall 
levy  or  collect  a  higher  rate  of  taxation  in  any  one  year 
on  the  projterty  situated  thcn'ein  that  one-half  of  one 
per  centum  of  the  value  of  such  property  as  assessed  for 
State  taxation  during  the  preceding  year;  provided  that 
for  the  ])urpose  of  ])aying  debts  existing  on  the  sixth 
day  of  Decembei-,  1S75,  and  the  interest  thereon,  a  tax 
of  one  \H'v  centum  may  be  levied  and  collected,  to  be  ap- 
])lied  exclusively  to  the  i)ayment  of  such  indebtedness; 
and  ])rovided  further  that  this  section  shall  not  ap])ly  to 
the  city  of  ^fobile,  which  city  may  from  and  after  the 
ratification  of  this  Tonstitution  levy  a  tax  not  to  ex- 
ceed the  rate  of  three-fourths  of  one  per  centum  to  pay 
the  expeus(\s  of  tlu^  city  government  and  may  also  levy 
a  tax  not  to  exceed  three-fourths  of  one  ]Hn-  centum  to 
pay  the  d(^bt  existing  on  the  sixth  day  of  l)e<'ember,  1875, 
with  iut(M-est  thereon,  or  any  renewal  of  such  del)t  ;  and 


Constitutional  Convention.  1587 

provided  fiirtlier  that  this  section  sliall  not  ai)i)ly  to  the 
cities  of  Birmingham  and  llnntsville  and  tlie  town  of 
Andalusia,  which  cities  and  towns  may  le\\  and  col- 
lect a  tax  not  to  exceed  one-half  of  one  per  centnm  in 
addition  to  the  tax  of  one-half  of  one  per  centnm  as 
liereinbefcn-e  allowed  to  be  levied  and  collected,  such 
special  tax  to  be  applied  exclnsively  to  the  payment  of 
interest  on  bonds  of  said  cities  of  Birmingham  and 
Huntsville  and  town  of  Andalnsia  respectively,  hereto- 
fore issued  in  pursuance  of  law,  or  now.  authorized  by 
law  to  be  issued,  and  for  a  sinking  fund  to  pay  otf  said 
bonds  at  the  maturity  thereof;  and  provided  further  that 
this  section  sliall  not  apjjly  to  the  cit^'  of  M(nitgomeryy 
which  city  shall  have  the  right  to  levy  and  collect  a  tax 
of  not  exceeding-  one-half  of  one  per  centum  per  annum 
upon  the  value  of  the  taxable  property  therein,  as  fixed 
for  State  taxation,  for  general  purposes,  and  an  addi- 
tional tax  of  not  exceeding  three-fourths  (»f  one  per 
centum  per  annum  ux)on  the  value  of  the  property  there- 
in, as  fixed  for  State  taxation  to  be  devoted  exclusively 
to  the  payment  of  its  public  debt,  interest  thereon,  and 
renewals  thereof,  and  to  the  maintenance  of  its  public 
schools,  and  public  conveniences;  and  provided  further, 
that  this  section  shall  not  apply  to  Troy,  Attalla,  Clads- 
den,  Bessemer,  A\\)odlawn,  Brewton,  Pratt  City,  Ens- 
ley,  Wylam  and  Avondale,  which  cities  and  towns  may, 
from  and  after  the  ratification  of  this  Constitution,  levy 
and  collect  an  additional  tax  of  not  exceeding  one-half 
of  one  per  centum  ;  and  provided  further,  that  this  sec- 
tion shall  not  apply  to  the  cities  of  Decatur,  New  De- 
catur and  Cullman,  which  cities  may  from  and  after  the 
ratification  of  this  Constitution,  levy  and  collect  an  ad- 
ditional tax  of  not  exceeding  three-tenths  of  one  per 
centum  per  annum,  such  special  tax  of  said  city  of  De- 
catur to  lie  applied  exclusively  for  the  public  schools, 
public  school  buildings,  and  public  improvements;  and 
such  sjiecial  tax  of  said  cities  of  New  Decatur  and  Cull- 
man to  be  applied  exclusively  for  educational  purposes, 
and  to  be  expended  under  their  respective  Boards  of 
Public  School  Trustees;  but  this  additional  tax  shall  not 
be  levied  by  Troy,  Attalla,  Gadsden,  Bessemer,  Wood- 


1588  Journal  of  Alabama 

lawu,  Brewton,  Pratt  City,  Ensley,  Wylam,  Avoudale, 
Decatur,  New  Decatur  or  Oullman  unless  authorized  by 
a  majority  vote  of  tlie  qualified  electors  voting  at  a  spe- 
cial election  held  for  the  purpose  of  ascertaining  whether 
or  not  said  tax  shall  be  levied;  and  provided  further, 
that  the  purposes  for  which  such  special  tax  is  sought 
to  be  levied  shall  be  stated  in  such  election  call,  and,  if 
authorized,  the  revenue  derived  from  such  special  tax 
shall  be  used  for  no  other  purpose  than  that  stated ;  and 
provided  further,  that  the  additional  tax  authorized  to 
be  levied  by  the  city  of  Troy,  when  so  levied  and  col- 
lected, shall  be  used  exclusively  in  the  payment  of  the 
bonds  and  interest  coupons  thereon,  hereafter  issued  in 
the  adjustment  of  the  present  bonded  indebtedness  of 
said  city;  and  provided  further,  that  the  additional  tax 
authorized  to  be  levied  and  collected  by  said  city  of  At- 
talla  shall,  when  so  levied  and  collected,  be  used  ex- 
clusively in  the  payment  of  bonds  to  the  amount  of  not 
exceeding  .|25,000  and  the  interest  coupons  thereon, 
hereafter  to  be  issued  in  the  adjustment  of  the  present 
indebtedness  of  said  city ;  provided  further,  that  the  gov- 
erning boards  of  said  cities,  which  are  authorized  to 
levy  an  additional  tax,  after  the  holding  of  an  election 
as  aforesaid,  are  hereby  authorized  to  provide  by  ordi- 
nance the  necessary  machinery  for  the  holding  of  said 
election  and  declaring  the  results  thereof. 

217.  The  property  of  private  corporations,  asso- 
ciations and  individuals  of  this  State  shall  forever  be 
taxed  at  the  same  rate;  provided,  this  section  shall  not 
apply  to  institutions  devoted  exclusively  to  religious, 
educational  or  charitable  purposes. 

218.  The  Legislature  shall  not  liave  the  power 
to  require  the  counties  or  other  municipal  cor- 
porations to  pay  any  charges  which  are  now  payable 
out  of  the  State  Treasury. 

219.  The  Legislature  may  levy  a  tax  of  not  more 
than  two  and  one-half  per  centum  of  the  value  of  all  es- 
tate, real  and  personal,  money,  public  and  pri- 
vate securities  of  every  kind  in  this  State, 
passing  from  any  person  who  may  die  siezed 
and  possessed  thereof,  or  of  any  part  of  such  estate, 


Constitutional  Convention.  1589 

money  or  securities,  or  interest  therein,  transferred  by 
the  intestate  laws  of  this  State,  or  by  will,  deed,  grant, 
bargain,  sale  or  gift,  made  or  intended  to  take  effect  in 
possession  after  the  death  of  the  grantor,  devisor,  or 
donor,  to  any  person  or  persons,  bodies  politic  or  cor- 
porate, in  trust  or  otherwise,  other  than  to  or  for  the 
use  of  the  father,  mother,  husband,  wife,  brothers,  sis- 
ters, children  or  lineal  descendants  of  the  grantor,  de- 
visor, donor  or  intestate. 

Mr,  Sanford  offered  the  following  amendment  to  Arti- 
cle XI : 

Amend  Section  216  of  the  proposed  Constitution  by 
striking  out  the  following  words,  beginning  on  the  21st 
line,  page  63  of  said  section :  ''And  provided  further, 
that  this  section  shall  not  apply  to  the  city  of  Mont- 
gomery, which  city  shall  have  the  right  to  levy  and  col- 
lect a  tax  of  not  exceeding  one-half  of  one  per  centum 
per  annum  upon  the  value  of  the  taxable  property  there- 
in as  fixed  for  State  taxation  for  geueral  purposes,  and 
an  additional  tax  of  not  exceeding  three-fourths  of  one 
per  centum  per  annum  upon  the  value  of  the 'property 
therein,  as  fixed  for  State  taxation,  to  be  devoted  exclus- 
ively to  the  payment  of  the  public  debt,  interest  thereon 
and  renewals  thereof  and  the  maintenance  of  its  public 
schools  and  public  conveniences"  on  page  64,  and  insert 
in  lieu  tliereof  the  following:  ''The  city  of  Montgomery 
shall  not  lev}-  nor  collect  a  larger  rate  of  taxation  in  any 
one  year  on  the  property  thereof  than  one-half  of  one 
per  centum  of  the  value  of  such  property  as  assessed  for 
State  taxation  during  the  preceding  year;  provided,  that 
for  the  payment  of  debts  existing  at  tlie  time  of  the  rati- 
fication of  the  Constitution  of  1875,  and  tlie  interest 
thereon,  an  additional  rate  of  one  per  centum  may  be 
collected,  to  l)e  applied  exclusively  to  such  indebtedness." 

On  motion  of  Mr.  Watts  the  amendment  was  laid  upon 
the  table. 

Mr.  Cobl)  offered  the  following  am<f^ndment  to  Article 
XI: 

Amend  Section  211  by  striking  out  all  after  the  word 
"hire''  on  third  line. 


1590  Journal  of  Alabama 

The  amendment  of  Mr.  Cobb  was,  on  motion  of  Mr. 
White,  laid  upon  the  table. 

Mr.  deGraff enried  offered  the  following  amendment  to 
Article  XI : 

Amend  Section  216,  Article  XI,  on  page  G5  of  the 
printed  copy,  bj  adding  at  the  end  thereof,  ''and  pro- 
vided further  that  this  section  shall  not  apply  to  the 
city  of  Selma,  which  city  niaj  levy  and  collect  a  tax  of 
not  exceeding  one  and  fifteen-hundredths  of  one  per 
centum  upon  the  value  of  the  taxable  propert  therein  as 
fixed  for  State  taxation,  for  general  expenses,  i)ayment 
of  debts,  and  aid  to  public  schools." 

On  motion  of  Mv.  Craig  the  amendment  was  laid  upon 
the  table. 

Mr.  Sanford  offered  the  following  amendment  to  Arti- 
cle XI : 

Amend  Section  210  by  inserting  in  line  21  of  said  sec- 
tion, on  page  63,  after  the  words  "State  taxation,"  the 
iN'ords  ''in  the  preceding  year,"  and  insert  the  words  "for 
the  i^receding  year"  after  the  word  "taxation"  in  the 
first  line  on  page  {)4:  of  the  said  report.  And  after  the 
words  "public  conveniences"  in  the  second  line  on  said 
page  of  said  section  add  the  following  words:  "but  this 
additional  tax  shall  not  be  levied  and  collected  by  the 
city  of  Montgomery  unless  it  shall  be  authorized  by  the 
votes  of  the  qualified  electors  voting  at  a  special  election 
held  for  the  purpose  of  ascertaining  whether  or  not  said 
tax  shall  be  levied;  provided  that  the  purj)ose  ft)r  which 
said  tax  is  sought  to  be  levied  shall  be  stated  in  the  notice 
for  such  election,  which  shall  be  held  under  the  direct- 
tion  of  the  Judge  of  Probate,  the  Sheriff  and  Clerk  of  the 
Circuit  Court  of  Montgomery  county,  under  the  laws 
regulating  general  elections,  and  if  such  tax  be  author- 
ized by  the  voters,  the  revenue  derived  from  such  special 
tax  shall  be  used  for  no  other  purpose  than  that  stated. 

On  motion  of  ^fr.  Graham  of  Montgomery  the  amend- 
ment was  laid  upon  the  table. 

Mr.  Beddow  offered  the  following  anuMidment  to  Arti- 
cle XI,  which  was  adopted : 

Amend  line  15,  Section  216,  by  strikini!:  out  the  word 
*'and"  between  Birmingliam  and  Iluntsviile,  and  adding 


CoXSTlTUTiOXAL  C0XVE2sT10X.  1591 

.after  TliiiitHville  the  words  "and  Bessemer."  Also  strike 
out  the  word  "Bessemer"  from  lines  3  and  11  of  same 
section. 

On  motion  of  Mr.  AVliite,  Article  XI,  as  amended,  was 
adopted. 


ARTICLE  XII.  • 

MI  XI("IPAL  COUroUATIOXS. 

Was  read  at  leniith  as  follows: 

ARTICLE  XII. 

MUNICIPAL  CORPOUATIOXS, 

220.  No  person,  firm,  association  or  corpora- 
tion shall  be  authorized  or  permitted  to  use  the  streets, 
avenues,  alleys  or  public  places  of  any  city,  town  or 
village  for  the  construction  or  operation  of  any  public 
utility  or  private  enterprise,  without  tirst  obtaining  the 
consent  of  tlie  proper  autlutrities  of  such  city,  town  or 
village. 

221.  The  Legislature  shall  not  enact  any  lav; 
which  will  permit  any  person,  iirm,  corporation  or  asso- 
ciation to  pay  a  privilege,  lirense  or  other  tax  to  the 
State  of  Alabama,  and  relieve  him  or  it  from  the  i)nv- 
nient  of  all  other  privilege  and  license  taxes  in  the 
State. 

222.  The  Legislature,  after  the  ratification  of  this 
Constitution,  shall  have  authority  to  pass  general  laws 
authorizing  the  counties,  cities,  towns,  villages, 
districts  or  (»tlier  political  subdivisions  of  coun- 
ties to  issue  bonds,  but  no  bonds  shall  be  is- 
sued under  authority  of  a  general  law  unless 
such  issue  of  bonds  be  first  authorized  by  a  ma- 
ioritv  vote  by  ballot  of  the  qualified  voters  of  such 
rountv,  city,  town,  village,  district,  or  other  political 
subdivision  of  a  county,  voting  upon  such  proposition. 
The  ballot  used  at  such  election  shall  contain  the  words 

■''For bond  issue,''  and  "Against 

bond  issue,"   (the  character  of  the  bond  to  be 


1592  Journal  of  Alabama 

shown  in  the  blank  space),  and  the  voter  shall  indicate 
his  clioice  by  placing  a  cross  mark  before  or  after  the 
one  or  the  other.  This  section  shall  not  apply  to  the 
renewal,  refunding,  or  reissue  of  bonds  lawfully  issued, 
nor  to  the  issuance  of  bonds  in  cases  where  the  same 
have  been  authorized  by  laws  enacted  prior  to  the  ratifi- 
cation of  this  Constitution,  nor  shall  this  section  apply 
to  obligations  incurred  or  bonds  to  be  issued  to  procure 
means  to  pay  for  street  and  sidewalk  improvements  or 
sanitary  or  storm  water  sewers,  the  cost  of  which  is 
to  be  assessed,  in  whole  or  in  part,  against  the  property 
abutting  said  improvements,  or  drained  b}'  such  sanitary 
or  storm  water  sewers. 

223.  No  cit}^,  town  or  other  municipality  shall  make 
any  assessments  for  the  cost  of  sidewalks  or  street  pav- 
ing, or  for  the  cost  of  the  construction  of  any  sewers 
against  property  abutting  on  such  street  or  sidewalk  so 
paved,  or  drained  by  such  sewers,  in  excess  of  the  in- 
creased value  of  such  property  by  reason  of  the  special 
benefits  derived  from  such  improvements. 

221.  No  county  shall  become  indebted  in  an  amount 
including  present  indebtedness,  greater  than  three  and 
one-half  per  centum  of  the  assessed  value  of  the  property 
therein;  i)rovided,  this  limitation  shall  not  affect  any 
existing  indebtedness  in  excess  of  such  three  and  one- 
half  per  centum,  Avhich  has  already  been  created  or 
authorized  by  existing  law  to  be  created ;  provided  that 
any  county  which  has  alread  incurred  a  debt  ex- 
ceeding three  and  one-half  per  centum  of  the  assessed 
value  of  the  property  therein,  shall  be  authorized  to  in- 
cur an  indebtedness  of  one  and  a  half  per  centum  of  the 
assessed  value  of  such  property  in  addition  to  the  debt 
already  existing.  Nothing  herein  contained  shall  prevent 
any  county  from  issuing  bonds,  or  other  obligations,  to 
fund  or  refund  any  indebtedness  now  existing  or  author- 
ized by  existing  laws  to  be  created. 

225.  No  city,  town  or  other  municipal  corporation 
having  a  population  of  less  than  (5,000,  except  as  herein- 
after provided,  shall  become  indebted  in  an  amount,  in- 
cluding ])resent  indebtedness,  exceeding  5  per  centum 
of  tlie  assessed  value  of  the  property  tlierein,  except  for 


Constitutional  Convention.  1493. 

the  construction  or  purchase  of  water  works,  gas  or 
electric  lighting  plants,  or  sewerage,  or  for  the  improve- 
ment of  streets,  for  which  purposes  an  additional  in- 
debtedness not  exceeding  3  per  centum  may  be  created; 
provided,  this  limitation  shall  not  affect  any  debt  now 
authorized  by  law  to  be  created,  nor  any  temporary 
loans  to  be  paid  within  one  year,  made  in  anticipation 
of  the  collection  of  taxes  not  exceeding  ^  of  the  annual 
revenues  of  such  city  or  town.  All  towns  and  cities  hav- 
ing a  poj)ulation  of  6,000  or  more,  also  Gadsden,  Ensley,. 
Decatur,  New  Decatur,  are  hereby  authorized  to  be- 
come indebted  in  an  amount,  including  present  in- 
debtedness, not  exceeding  7  per  centum  of  the  assessed 
valuation  of  the  property  therein;  provided  that  there 
shall  not  be  included  in  the  limitation  of  the  indebted- 
ness of  such  last  described  cities  and  towns  the  follow- 
ing classes  of  indebtedness,  to-wit :  Temporary  loans, 
to  be  paid  within  one  year,  made  in  anticipation  of  the 
collection  of  taxes,  and  not  exceeding  one-fourth  of  the 
general  revenues,  bonds  or  other  obligations  already  is- 
sued, or  which  may  hereafter  be  issued  for  the  purpose 
of  acquiring,  providing  or  constructing  school  houses, 
water  works  and  sewers  and  obligations  incurred  and 
bonds  issued  for  street  or  sidewalk  improvements,  where 
the  cost  of  the  same,  in  whole  or  in  part,  is  to  be  assessed 
against  the  property  abutting  said  improvements;  pro- 
vided, that  the  proceeds  of  all  obligations  issued  as 
herein  provided,  in  excess  of  said  7  per  centum  shall  not 
be  used  for  any  purpose  other  than  that  for  which  said 
obligations  were  issued.  Nothing  contained  in  this 
article  shall  prevent  the  funding  or  refunding  of  exist- 
ing indebtedness.  This  section  shall  not  apply  to  the 
cities  of  Sheffield  and  Tuscumbia. 

226.  No  city,  town  or  village,  whose  present  indebted- 
ness exceeds  the  limitation  imposed  by  this  Constitu- 
tion, shall  be  allowed  to  become  indebted  in  any  further 
amount,  except  as  otherwise  provided  in  this  Constitu- 
tion, until  such  indebtedness  shall  be  reduced  within 
such  limit;  provided,  however,  that  nothing  herein  con- 
tained shall  prevent  any  municipality  from  issuing 
bonds   already   authorized   by   law;    provided   further, 


1594  Journal  of  Alabama 

that  this  section  shall  not  apply  to  the  cities  of  Sheffield 
and  Tuscumbia. 

227.  Any  person,  firm,  association  or  corporation, 
who  may  constrnct  or  operate  any  public  utility  along  or 
across  the  pul)lic  streets  of  any  city,  town  or  village, 
under  any  privilege  of  franchise  permitting  such  con- 
struction, or  operation,  shall  be  liable  to  alnitting  pro- 
prietors for  the  actual  damages  done  to  the  abutting 
property-  .on  account  of  such  construction  or  operation, 

PRIVATE  CORPORATIONS. 

228.  The  Legislature  shall  ])ass  no  special  act 
conferring  corporate  powers,  but  it  shall  pass  general 
laws  under  which  corporations  may  be  organized  and 
corporate  powers  obtained;  subject,  nevertheless,  to  re- 
peal at  the  will  of  the  Legislature;  and  shall  pass  gen- 
eral laws  under  which  charters  may  be  altered  or  amend- 
ed. The  Legislature  shall,  by  general  law,  provide  for 
the  payment  to  the  State  of  Alabama  of  a  franchise  tax 
hj  corporations  organized  under  the  laws  of  this  State, 
which  shall  be  in  proportion  to  the  amount  of  capital 
stock.  But  strictly  benevolent,  educational  or  religious 
corporations  shall  not  be  required  to  pay  such  a  tax. 
The  charter  of  any  corporation  shall  be  subject  to  amend- 
ment, alteration  or  repeal  under  general  laws. 

229.  All  existing  charters  under  which  a  bona  fide 
organization  shall  not  have  taken  place,  and  business 
commenced  in  good  faith  within  twelve  months 
from  the  time  of  the  ratification  of  this  Constitution, 
shall  thereafter  have  no  validity. 

230.  The  Legislature  shall  n(tt  remit  the  forfeiture 
of  the  charter  of  any  corporation  now  existing  nor  alter 
or  amend  the  same,  nor  pass  any  general  or  special  law 
for  the  benefit  of  such  corporation  other  than  in  execu- 
tion of  a  trust  created  by  law  or  by  contract,  except  upon 
the  condition  that  such  corporation  shall  thereafter  hold 
its  charter  subject  to  the  provisions  of  this  Constitution, 

231.  No  foreign  corporation  shall  do  any  business 
in  this  State  without  having  at  least  one  known  place  of 
business,  and  an  authorized  agent  or  agents  therein,  and 
without  filing  with  the  Secretary  of  State  a  certified 


Constitutional  Convention.  1595 

■copy  of  its  articles  of  incorporation  or  association.  Such 
^corporation  may  be  sued  in  any  county  where  it  does 
business,  by  service  of  process  upon  an  agent  anywhere 
in  the  State.  The  Legishiture  shall,  by  general  law, 
provide  for  the  payment  to  the  State  of  Alabama  of  a 
francliise  tax  by  such  corporaticm,  but  such  fraucliise 
tax  shall  be  based  on  the  actual  amount  of  capital  em- 
ployed in  this  State.  Strictly  benevolent,  educational 
or  religious  corporations  shall  not  be  reipiired  to  pay 
such  a  tax. 

232.  No  corporation  shall  engage  in  any  business 
other  than  that  expressl}'  authorized  in  its  charter,  or 
articles  of  incorporation. 

233.  No  corporation  shall  issue  stocks  or  bonds 
except  for  money,  labor  done,  or  property  actu- 
all}^  received;  and  all  fictitious  increase  of  stock  or 
indebtedness  shall  be  void.  The  stock  and  bonded  in- 
debtedness of  corporations  shall  not  be  increased  except 
in  pursuance  of  general  laws,  nor  without  the  consent  of 
the  persons  holding  the  larger  amount  in  value  of  stock, 
first  obtained  at  a  meeting  to  be  held  after  thirty  days' 
notice  given  in  pursuance  of  law. 

234.  ^lunicipal  and  otlun-  coritarations  and  indi- 
viduals invested  with  the  privilege  of  taking  property 
for  public  use,  shall  make  just  compensation  to  be  ascer- 
tained as  may  be  provided  by  law,  for  the  property 
taken,  injured  or  destroyed  by  the  construction  or  en- 
largements of  its  works,  highways  or  improvements, 
which  compensation  shall  be  paid  before  such  taking, 
injury  or  destruction.  The  Legislature  is  hereby  pro- 
hibited from  denying  the  right  of  ajvpeal  from  any 
preliminary  assessment  of  damages  against  any  such 
corporations  or  individuals  made  by  viewers  or  other- 
wise, but  such  appeal  shall  not  deprive  those  who 
have  obtained  tlie  judguu^nt  or  condemnation  from  a 
right  of  entry,  provided  tlie  amount  of  damages  assessed 
shall  have  been  paid  in  the  court  in  money  and  a  bond 
shall  have  l)een  given  in  not  less  than  double  the  amount 
of  the  danuiges  assessed,  with  ijood  and  suflHcient  sure- 
ties to  pay  such  damages  as  the  ])roperty  owner  may  sus- 
tain ;  and  the  auuumt  of  damages  in  all  cases  of  appeals 


t 


1596  Journal  of  Alabama 

shall  on  the  demand  of  either  party,  be  determined  by  a 
2'avj,  according  to  law. 

235.  Dues  from  private  corporations  shall  be  se- 
cured b}^  such  means  a«  may  be  prescribed  by  law,  but  in 
no  case  shall  any  stockholder  be  individually  liable 
otherwise  than  for  the  unpaid  stock  owned  by  him  or 
her. 

236.  No  corporation  shall  issue  preferred  stock 
without  the  consent  of  the  owners  of  two-thirds  of  the 
stock  of  said  corporation. 

237.  The  Legislature  shall  have  the  power  to  alter, 
amend  or  revoke  any  charter  of  incorporation  now  exist- 
ing and  revokable  at  the  ratification  of  this  Constitution, 
or  any  that  may  l)e  hereafter  created,  whenever,  in  its 
opinion,  such  charter  may  be  injurious  to  the  citizens  of 
this  State,  in  such  manner,  however,  that  no  injustice 
shall  be  done  to  the  stockholders. 

238.  Any  association  or  corporation  organized  for 
the  purpose,  or  any  individual  sliall  have  the  right  to 
construct  and  maintain  lines  of  telegraph  and  telephone 
within  this  State,  and  connect  the  same  with  other  lines, 
and  the  Legislature  shall,  by  general  law  of  uniform  ope- 
ration, provide  reasonable  regulations  to  give  full  effect 
to  this  section.  No  telegraph  or  telephone  company  shall 
consolidate  with  or  hold  a  controlling  interest  in  the. 
stock  or  bonds  of  any  other  telegraph  or  telephone  com- 
pany owning  a  competing  line,  or  acquire,  by  purchase 
or  otherwise,  any  other  competing  line  of  telegraph  or 
telephone. 

239.  All  corporath)ns  shall  have  tlie  riglit  to  sue, 
and  shall  be  subject  to  be  sued,  in  all  courts  in  like  cases 
as  natural  persons. 

240.  The  term  "corporation--  as  used  in  this  arti- 
cle, shall  be  construed  to  include  all  joint  stock  com- 
panies and  all  associations  having  any  of  the  ])owers  or 
privileges  of  corporations,  not  possessed  by  individuals 
or  partnerships. 

RAILROADS  AND  CANALS. 

241.  All  railroads  and  canals  not  constructed  and  used 
exclusively  for  ])rivate  i)urj)oses,  sliall  be  imblic  bigh- 
ways,  and  all  railroads  and  canal  companies  shall  be 
common  carriers.     Any  association  or  corporation  or- 


CUXSTITUTIONAL  CONVENTION.  1597 

ganized  for  the  purpose  shall  have  the  right  to  construct 
and  operate  a  railway  between  any  points  in  this  State, 
and  connect  at  the  State  line,  with  railroads  of  other 
States.  Every  railroad  company  shall  have  the  right 
"with  its  road  to  intersect,  connect  with,  or  cross  any 
other  railroad,  and  each  shall  receive  and  transport  the 
fi*ei gilts,  passengers  and  cars,  loaded  or  empt}',  of  the 
others,  without  delay  or  discrimination. 

242.  The  power  and  authority  of  regulating  rail- 
road freight  and  passenger  tariffs,  the  locating  and 
building  of  passenger  and  freight  depots,  correcting 
abuses,  preventing  unjust  discrimination  and  extor- 
tion and  requiring  reasonable  and  just  rates  of  freight 
and  passenger  tarilTs,  are  hereby  conferred  upon  the 
Legislature,  whose  duty  it  shall  be  to  pass  laws  from 
time  to  time  regulating  freight  and  passenger  tariffs,  to 
prohibit  unjust  discriminations  on  the  various  railroads, 
canals  and  rivers  of  the  State,  and  to  prohibit  the  charg- 
ing of  other  than  just  and  reasonable  rates  and  enforce 
the  same  b}'  adequate  penalties. 

243.  No  railroad  or  other  transportation  company 
or  corporation  shall  grant  free  passes  or  sell  tickets  or 
passes  at  a  discount  other  than  as  sold  to  the  public  gen- 
erally, to  any  member  of  the  Legislature  or  to  any  officer 
exercising  judicial  functions  under  the  laws  of  this 
State,  and  any  such  member  or  officer  receiving  such  a 
pass  or  ticket  for  himself,  or  procuring  the  same  for  an- 
other, shall  be  guilty  of  a  misdemeanor,  and,  upon  con- 
viction, shall  be  fined  not  exceeding  |500,  and  at  the  dis- 
cretion of  the  court  tr3dng  the  case,  in  addition  to  such 
fine,  may  be  imprisoned  for  a  term  not  exceeding  six 
months,  and  upon  conviction,  shall  be  subject  to  im- 
peachment and  removal  from  office.  The  courts  having 
jurisdiction  shall  give  this  law  specially  in  charge  to  the 
Grand  Juries,  and  when  the  evidence  is  sufficient  to 
authorize  an  indictment,  the  Grand  Jury  must  present 
a  true  bill.  Any  county  into  or  through  which  such 
member  or  officer  is  transported  by  the  use  of  such  pro- 
hibited pass  or  ticket,  shall  have  jurisdiction  of  the  case, 
provided  only  one  prosecution  shall  be  had  for  the  same 
offense;  and  provided  further,  that  the  trial  and  judg- 
ment for  one  offense  shall  not  bar  a  prosecution  for  an- 


1598  JouRXAi-  OF  Alabama 

other  offenf^e,  when  the  same  pass  or  ticket  is  used ;  and 
provided  further,  that  nothin"-  herein  shall  prevent  a 
member  of  the  Legislature  who  is  a  bona  fide  employe  of 
a  railroad  or  other  transportation  company  or  corpora- 
tion at  the  time  of  his  election,  from  accepting  or  pro- 
curing for  himself  or  another,  not  a  member  of  the  Leg- 
islature, or  officer  exercising  judicial  functions,  a  free 
l)ass  over  the  railroads  or  other  transportation  com- 
pany or  corporation  by  which  he  is  employed. 

244.  Xo  railroad  company  shall  give  or  pay  any 
rebate,  or  a  bonus  in  the  nature  thereof,  directly  or  in- 
directly', or  do  any  act  to  mislead  or  deceive  the  public 
as  to  the  real  rates  charged  or  received  for  freights  and 
passage;  and  any  such  payments  shall  be  illegal  and, 
void,  and  these  prohibitions  shall  be  enforced  by  suitable 
penalties. 

245.  No  railroad,  canal  or  transportation  com- 
pany in  existence  at  the  time  of  the  ratification  of 
this  Constitution,  shall  have  the  benefit  of  any  future 
legislation  by  general  or  special  laws  other  than  in  exe- 
cution of  a  trust  created  by  law  or  by  contract,  except 
on  the  condition  of  complete  acceptance  of  all  the  pro- 
visions of  this  article. 

Mr.  Kyle  ottered  the  following  auiendmcnt  to  Arti- 
cle XII,  which  was  adopted: 

Amend  S(M'tion  22(1  l)y  adding  after  the  word  "muni- 
(ipality"  in  eleventh  lin(%  the  words  "except  city  of 
Gadsden." 

Mr.  White  offered  the  following  amendment  to  Arti- 
cle XII: 

Amend  S(M'tion  2:^1  by  adding  after  the  word  ''State" 
in  line  twelve,  the  following:  '"Any  foreign  corporation 
doing  business  in  this  State  may  be  sued  by  residents 
of  this  State  in  any  county  in  whicli  it  does  business, 
whethei'  the  carse  of  action  sved  on  arose  in  this  State 
or  beyond  t^'c  limits  thereof." 

3Ir.  Sorrcll  (inVi'(Ml  tlie  following  suhstitute  for  the 
antendD'ent  olfcicd  by  Mr.  Wliite: 

r^)] eign  •  <"or])orations  doing  business  in  this  State 
must  be  sued  in  the  county  in  which  the  causeof  action 
arose. 


Constitutional  Convention. 


1599 


ADJOURNMENT. 

Peiidiujj;-  the  further  consideration  of  the  rei)ort  of  the 
Committee  on  Order,  Ccmsistency  and  Harmony  of  the 
Whole  Constitution,  the  hour  of  7  o'chx-k  }).  in.  liavini;' 
arrived,  under  tlie  ruk\s  tlie  Convention  adjourned  until 
9  o'eloclv  to-morrow  morninu'. 


EIGHTIETH  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Saturday,  August  31,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  ottered  by  Kev.  ^Ir.  Marshal  of  the  eity. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names^  which  constituted  a 
quorum : 


Messrs.  President, 

Altman, 

Ashcraft, 

Bareiield, 

Bartlett, 

Penvers, 

Beddow, 

Bethune, 

Blackwell^ 

Boone, 

Brooks, 

Burns, 

Byars, 

Carraichael  (Colbert), 

Case, 

Chapman, 

Cobb, 

Coleman  (Greene),. 


Coleman  (Walker), 

Craig, 

Davis  (DeKalb), 

Davis,   (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Fei'guson, 

Fletcher, 

Fosheo, 

Foster, 

Freeman, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

frrayson, 


1600 


Journal  of  Alabama 


Greer  (Calliouii), 

Greer  (Perry), 

Ualej, 

Handley, 

Harrison, 

Heflin  (Chambers), 

lletiin  ;iiandolpli), 

ELenderson, 

Hodges, 

Hood 

Howell, 

Howze, 

Jackson, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk.. 

Knigbt, 

Kyle, 

Lomax, 

Long  (Walker), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Miller  (Marengo), 

Miller  (Wilcox^ 

Murphree, 

NeF^mith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill,  (Jefferson), 

Oi)p, 

O'Rear, 

Palmer, 


Parker  (Cullman), 

Parker  (Elmore), 

8amford, 

wSauders, 

Sanford, 

i'earce, 

Pettus, 

Pliillips, 

Pillars, 

Reese, 

Reynolds  (Henry), 

liOgers  (Lowndes), 

Kogfis  (Sumter), 

Searcy, 

Sellieimer, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

White, 

Whiteside, 

Williams  (Barbour), 

Williams  (^Marengo), 

Williams  (Elmore), 

Wilson  (Clarke) 

Wilson  (Washington), 

Winn— 113. 


Constitutional  Convention.  1601 

leave  of  absence. 

Was  granted  to  Messrs,  Norwood,  Eley,  Bulger  for  to- 
day; Howze  and  Handle}^  for  Monday;  Almon  indefi- 
nitely. 

STENOGRAPHIC   REPORT. 

Messrs.  Eyster,  Coleman  of  Greene,  and  Reese  called 
the  attention  of  the  Convention  to  certain  errors  in  the 
stenographic  report  of  the  proceedings  of  yesterday. 

The  report  was  ordered  corrected. 

QUESTION   OF   PERSONAL   PRIVILEGE. 

Messrs.  Greer  of  Calhoun,  and  Eogers  of  Sumter  arose 
to  questions  of  personal  privilege,  and  proceeded  to 
state  their  questions  of  personal  privilege. 

REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the 
seventy-ninth  day  of  the  Convention,  and  that  the  same 
is  correct. 

Respectfully  submitted, 

John  F.  Proctor_,  Chairman. 

RESOLUTIONS. 

The  following  resolution  was  offered,  read  one  time 
at  length,  and  the  rules  were  suspended  and  the  resolu- 
tion adopted: 

Resolution  331,  by  Mr.  deGraffenried  : 

Resolved,  That  the  Convention  remain  in  session  until 
2  o'clock  to-day  unless  the  work  now  before  it  is  sooner 
"Completed. 

101 


1602  Journal  of  Alabama 

report  of  the  committee  on  rules. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  reported  favorably  resolution  322,  with 
a  substitute. 

The  substitute  was  read  at  length  as  follows: 

Resolved,  That  the  Committee  on  the  Order,  Harmony 
and  Consistenc}^  of  the  Whole  Constitution  be  and  it  is 
herebj^  instructed  to  prepare  and  report  to  the  Conven- 
tion an  ordinance  extending  the  terms  of  office  of  the 
present  SherilTs  for  two  additional  years,  and  making 
their  successors  elective  in  1906  for  terms  of  four  years ;. 
and  that  the  committee  make  such  further  report  as  may 
be  necessary  to  harmonize  the  Constitution  with  the  ordi- 
nance so  to  be  reported  by  it. 

Mr.  deGraffenried  offered  the  following  minority  re- 
port to  the  report  of  the  Committee  on  Rules : 

The  undersigned  member  of  the  Committee  on  Rules 
begs  leave  to  saj  that  he  is  not  able  to  concur  in  the  re- 
p(ii-t  of  the  majority  of  the  Committee  on  Rules  in  recom- 
mending the  extension  of  the  terms  of  the  present  Sher- 
iffs for  two  years.  It  has  been  at  least  forty  days  since 
this  Convention  determined  to  establish  quadrennial 
elections  in  this  State,  but  not  until  this  Convention,  on 
day  before  yesterday,  refused  to  allow  Sheriffs  to  suc- 
ceed themselves  was  it  proposed  that  this  Convention 
should  extend  the  term  of  the  present  Sheriffs  for  any 
period  whatever.  To  now  do  so  might  not  be  improperh- 
construed  as  an  effort  to  placate  officers  whose  demands 
upon  us  have  not  been  met  while  it  may  be  thought  by 
some  that  the  Constitution  to  be  adopted  by  this  Con- 
vention will  be  popularized  and  its  ratification  assured 
if  the  Sheriff  who  is  the  returning  officer  of  elections  is 
directly  interested  in  the  election  held  for  that  purpose, 
the  inexpediency  and  impropriety  of  the  measure  pro- 
posed, it  seems  to  me,  be^^ond  question. 

While  this  Convention  has  lengthened  the  term  of  the 
Senators  whose  terms  expire  in  1901  for  two  years  such 
Senators  will  draw  no  salaries  and  will  perform  no  duties 
unless  the  Legislature  is  convened  in  extraordinary 
session.  The  Sheriffs,  on  the  other  hand,  are  officers  of 
influence  and  power,  with  active  duties  to  ]>erform,  and 


Constitutional  Convention.  1603 

to  their  offices,  in  a  large  number  of  cases,  are  attached 
handsome  perquisites.  Unless  the  Legislature  should, 
at  its  next  session,  in  like  manner,  extend  the  terms  of 
the  present  Tax  Collectors,  Tax  Assessors  and  (bounty 
Commissioners  (which  was  certainly  not  contemplated 
when  those  officers  were  elected)  for  two  years  an  elec- 
tion in  1904  will  be  necessary,  and  as  this  is  true,  there 
is  no  reason  wh}^  Sheriffs  should  not  then  be  elected. 
This  Convention  has,  in  the  Article  on  the  Ex(M;utive 
Department,  which  has  been  formerly  adopted  and  is 
now  in  the  hands  of  the  Committee  on  Engrossmcut,  pro- 
vides that  the  Sheriff  elected  in  1904  shall  hold  office 
for  a  term  of  six  years,  and  that  all  succeeding  Sheriffs 
shall  hold  office  for  a  term  of  four  years.  This  renders 
the  proposed  action  recommended  by  the  committee  un- 
necessary. 

Believing  as  I  do  that  we  should  confine  ourselves  to 
the  business  for  which  this  Convention  was  called  by  the 
people,  and  that  the  action  proposed  is  unnecessary  and 
without  precedent,  I  recommend  that  the  said  re])ort  of 
the  Committee  on  Rules  be  not  adopted. 

Ed.  deGrapfp:nried,  of  the  Committee  on  Kules. 

On  motion  of  Mr.  Smith  of  Mobile,  the  minoi'ity  re- 
port offered  by  Mr.  deGraft'enried  was  laid  u])on  the 
table  :  Yeas,  74 ;  nays,  46. 

YEAS. 

Messrs.  President,  Cunningham, 

Altman,  Davis  (DeKalb), 

Ashcraft,  Davis  (Etowah), 

Banks,  Dent,  '. 

Barefield,  Duke, 

Blackwell,  Eyster, 

Burns,  Ferguson, 

Cardon,  Fletcher, 

Carmichael  (Colbert),  Gilmore, 

Chapman,  Glover, 

Cobb,  Grant, 

Coleman  (Walker),  Greer  (Perry), 

Craig,  Haley, 


1604 


Journal  of  Alabama 


Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hodges, 

Hood, 

Inge, 

Jackson, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Kyle, 

Ledbetter, 

Lomax, 

Long  (Walker), 

Macdonald, 

McMillan  (Baldwin), 

Malone, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

NeSmith, 

O'Neal  (Lauderdale), 


O'Neill  (Jefferson), 

Opp, 

Palmer, 

Parker  (Cullman), 

Pettus, 

Proctor, 

Reese, 

Rogers   (LoAvndes), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Spragins, 

Weakley, 

Weatherly, 

Williams  (Barbour), 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington) 

Winn — 74. 


NAYS. 


Messrs.  Bartlett, 

Beddow, 

Bethune, 

Boone, 

Brooks, 

Byars, 

Carnathon, 

Case, 

Cofer, 

doCraffenried, 

Eley, 

Foshee, 

Foster, 

Freeman, 


Graham  (Montgomery), 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Howell, 

Howze, 

Jones  (Montgomery), 

Lowe  (Jefferson), 

McMillan  (Wilcox), 

Martin, 

Murphree, 

Norman, 

Gates, 

O'Rear, 


Constitutional  Convention.  1605 

Pearce,  Spears, 

Phillips,  Stewart, 

Pillans,  Studdard, 

Porter,  Tayloe, 

Reynolds  (Henry),  Waddell, 

Sanford,  Walker, 

Selbeimer,  Watts, 

Sentell,  White,     ' 

Sloan,  Whiteside — 46. 

PAIR  announced. 

The  following  pair  was  announced :  Messrs.  Pitts  and 
Hendrson.  Mr.  Pitts  would  vote  aye ;  and  Mr.  Hender- 
son would  vote  nay. 

The  question  recurred  upon  the  adoption  of  the  sub- 
stitute. 

The  substitute  was  adopted. 

On  motion  of  Mr.  Smith,  of  Mobile,  the  resolution,  as 
amended,  was  adopted. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  also  reported  favorably,  with  a  substi- 
tute, resolution  331,  which  was  read  at  length  as  fol- 
lows : 

Resolution  330,  by  Mr.  Reese  : 

Resolved,  First,  that  all  leaves  of  absence  of  members 
of  this  Convention  be  and  the  same  are  hereby  revoked, 
to  take  effect  on  Monday,  the  2nd  day  of  Sejitember, 
1901,  at  12  o'clock  meridian,  and  that  no  further  leave 
of  absence  be  granted  beyond  said  time. 

Second,  That  the  Secretary  of  this  Convention  is  in- 
structed to  notify  absent  members  to  return  at  said  time. 

Substitute  by  the  Committee  on  Rules  for  resolution 
No.  330  by  Mr'.  Reese,  of  Dallas : 

Resolved,  That  all  leaves  of  absence  of  members  of 
this  Convention,  except  on  account  of  sickness,  be  and 
they  are  her-eby  revoked,  to  take  effect  on  Tuesday,  Sep- 
tember 3d,  at  9  a.  m.,  and  that  no  further  leave  of  ab- 
sence be  granted  beyond  said  time. 

Be  it  further  resolved.  That  the  Secretary  of  this  Con- 
vention is  instructed  to  notify  absent  members  tr»  return 
at  said  time. 


1606  Journal  of  Alabama 

Tlie  .substitute  was  adopted. 

Tlie  question  recurred  upon  the  adoption  of  resolution 
330,  as  amended  by  the  substitute. 

The  resolution  (330),  as  amended,  was  adopted. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mittee on  Rules,  also  reported  favorably  resolution  328, 
which  was  read  at  length  as  follows  and  adopted : 

Resoiution  328,  by  Mr.  Eyster: 

Whereas,  the  members  of  the  Committee  on  Har- 
mony completed  their  labors  before  the  reassembling  of 
this  Convention,  and  returned  to  their  respective  homes, 
and. 

Whereas,  It  would  be  unjust  and  inequitable  for  them 
not  to  receive  their  mileage  as  otlier  members ; 

Therefore,  be  it  resolved,  That  the  members  of  the 
Committee  on  Order,  Consistency  and  Harmony  be  al- 
lowed their  mileage  the  same  as  the  other  members  of 
this  Convention. 

RECONSIDERATION. 

Mr.  Coleman,  of  Greene,  moved  to  reconsider  the  vote 
by  which  the  Article  on  Suft'rage  and  Elections  was 
adopted. 

Mr.  Harrison  moved  to  table  the  motion  of  Mr.  Cole- 
man of  Greene. 

The  motion  was  lost :  Yeas,  50 ;  nays,  69. 

YEAS. 

Messrs.  Banks,  Davis  (Etowah), 

Bartlett,  Duke, 

Beavers,  I'osheo, 

Beddow,  I'reeman, 

Blackweil,  (Hlmore, 

Boone,  Greor  (Calhoun), 

Brooks,  rialey, 

Byars,  Harrison, 

Cardon,  fleflin  (Chambers), 

Case,  Heflin  (Randolph), 

Cofer,  Henderson, 

Davis  (DeKalb),  Hodges, 


Constitutional  Convention. 


1607 


Howell, 
Jones,  (Bibb), 
Long  (Walker), 
Lowe  (Jefferson), 
Lowe  (Lawrence), 
McMillan  (Baldwin), 
Martin, 
Moody, 
Murpliree, 
Gates, 

O'Neill  (Jefferson), 
Pcarce, 
Pettus. 


Phillips, 

Pillans, 

Porter, 

Kogers  (Sumter), 

Sentell, 

Sloan, 

Spears, 

Spragins, 

Stiiddard, 

Waddell, 

\Aniite, 

Whiteside, 

Williams  ( Marengo )  — 50. 


nays. 


Messrs.  President, 

Altman, 

Barefield, 

Bethune, 

Burns, 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Craig, 

Cunningham, 

deGraffenried, 

Eley, 

Eyster, 

Ferguson, 

Fletcher, 

Foster, 

Glover, 

Graham  ( Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Perry), 

Handley, 


Hood, 

HoAvze, 

Inge, 

Jackson, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Kyle, 

Ledbetter, 

Lomax, 

IMacdonald, 

iMcMillan  (Wilcox), 

Malone, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

NeSmith, 

Noruian 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Keese. 


1608 


Journal  of  Alabama 


Reynolds  (Henry), 

Rogers  (Lowndes), 

Samford, 

Sanders, 

Sanford, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M. 

Sorrell, 

Stewart, 


Tayloe, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

Williams  (Barbour), 

Williams  (Elmore), 

Wilson  ( Washington )y 

Winn— 69. 


Mr.  Coleman,  of  Greene,  moved  the  previous  question 
on  the  motion  to  reconsider  the  vote  whereby  the  Arti- 
cle on  Suffrage  and  Elections  was  adopted. 

The  motion  prevailed :  Yeas,  68 ;  nays,  51. 


YEAS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Barefleld, 

Bethune, 

Burns, 

Oarnathon, 

Chapman, 

Cobb, 

Coleman  ( Greene)  ^ 

Coleman  (Walker), 

Craig, 

Cunningham, 

deGraffenried, 

Eley, 

Eyster, 

Ferguson, 

Fletcher, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grant, 

Grayson, 


Greer  (Perry), 
Handle}^, 
Hood, 
Howze, 
Inge, 
Jackson, 

Jones  (Montgomery),. 
Jones  (Wilcox), 
Kirk, 
Knight, 
Ledbetter, 
Lomax, 
Macdonald, 
McMillan  (Wilcox), 
Malone, 
Morrill, 

Miller    (Marengo), 
Miller  (Wilcox), 
NeSmith, 
Norman, 

O'Neal   (Lauderdale)v 
Opp, 
O'Rcar, 


Constitutional  Convention. 


1609 


Palmer, 

Sorrell, 

P:i:-ker  (Cullman), 

Stewart, 

Keese, 

Tayloe, 

Reynolds  (Henry), 

Walker, 

Eogers  (Lowndes), 

Watts, 

Samford, 

Weakley, 

Sanders, 

Weatherly. 

Sanford, 

Williams  (Barbour), 

Smith  (Mobile), 

Williams  (Elmore), 

Smith,  Mac.  A., 

Wilson  (Washington), 

Smith,  Morgan  M. 

Winn— 68 

NAYS. 

Messrs.  Banks, 

Long  (Walker), 

Bartlett, 

Lowe  (Lawrence), 

Beavers, 

McMillan  (Baldwin), 

Beddow, 

Martin, 

Blackwell, 

Moody, 

Boone, 

Murphree, 

Brooks, 

Gates, 

Byars, 

O'Neill  (Jefferson), 

Cardon, 

Pearce, 

Case, 

Pettus, 

Cofer, 

Phillips, 

Duke, 

Pillans, 

Foshee, 

Porter, 

Foster, 

Proctor, 

Freeman, 

Rogers  (Sumter), 

Gilmore, 

Sellioimer, 

Oreer  (Calhoun), 

Sentell, 

Haley, 

Sloan, 

Harrison, 

Spears, 

Heflin  (Chambers), 

Spragins, 

Heflin  (Randolph), 

Studdard, 

Henderson, 

vrnddell, 

Hodges, 

White, 

Howell, 

Whiteside, 

Jones  (Bibb), 

Williams  (Marengo) — 51 

Kyle, 

1610 


Journal  of  Alabama 


Mr.  Coleman,  of  Greene,  moved  to  reconsider  the  vote 
by  which  tlie  amendment  of  Mr,  Harrison  Avas  adopted. 

The  amendment  by  Mr.  Harrison  was  read  at  length  as 
follows  : 

Amend  Section  181,  second  subdivision,  by  adding  in 
line  nine,  after  the  w^ord  "property"  and  before  the 
words  "in  this  State"  the  words  "or  of  real  and  personal 
j)roperty." 

The  motion  to  reconsider  prevailed :  Yeas,  66 ;  navs, 
55. 


YEAS. 


^Messrs.  President, 

Altman, 

Barefield, 

Beth  line, 

Burns, 

Carnathon, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Coleman  (Walker), 

Craig, 

Cunningham, 

Dent, 

deGraffenried, 

Eley, 

Eyster, 

Fletcher, 

Glover, 

Graham  ( ^Montgomery ) , 

Graham  (Talladega), 

Grant, 

Grayson, 

Greer  (Perry), 

Handley, 

Hood, 

Howze, 

Tnge, 

Jackson, 


Jenkins, 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Ledbetter, 

Lomax, 

IMacdonald, 

McMillan  (Wilcox), 

Malone, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

NeSmith, 

Norman, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Reese. 

Reynolds   ( Henry ) , 

Rogers  (Lowndes), 

Sanders, 

Smith   (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M. 

Sorrell, 


Constitutional  Convention. 


1611 


Stewart, 

Tayloe, 

Walker, 

Watts, 

Weakley, 


Weatherlj, 
Williams  (Barbour), 
Williams  (Elmore), 
Wilson  (Washington), 
Winn— 66. 


NAYS. 


Messrs.  Banks, 

Bartlett, 

Beavers, 

Bcddow, 

Blackwell, 

Boone, 

Brooks, 

Bvars, 

Cardou, 

Case, 

Cofer, 

Davis  (DeKalb), 

Davis  (Etowah), 

Duke, 

Fosliee, 

Foster, 

Freeman, 

Gil  more, 

Greer  (Calhoun), 

Haley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Howell, 


Kyle, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

McMillan  (Baldwin), 

Martin, 

Moody, 

Mnrphree, 

Gates, 

G'Neill,  (Jefferson), 

Pearce, 

IVttus, 

Phillips, 

Fillans, 

Porter, 

Proctor, 

Rogers  (Sumter), 

Selheimer, 

Sentell, 

Sloan, 

Spears, 

Spragins, 

Waddell, 

White, 

Whiteside, 

Williams  (Marengo), 

Wilson  (Clarke)— .55. 


Jones  (Bibb), 

Gn  motion  of  Mr.  Coleman,  of  Greene,  the  amendment 
of  ;>[r.  Harrison  was  laid  upon  the  table. 

The  Article  VIII  was,  on  motion  of  Mr.  Coleman  of 
Greene,  adopted. 


1612  Journal  op  Alabama 

Mr.  deGraffeni'ied  moyed  to  reconsider  the  vote  by 
wliicli  the  Ai'tiele  ou  Executive  Department  was  adopted. 

The  motion  prevailed. 

The  article  was  referred  to  the  Committee  on  Order^ 
Consistency  and  Harmony  of  the  Whole  Constitution. 

UNFINISHED  BUSINESS. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  report  of  the  Com- 
mittee on  Order,  Consistency  and  Harmony  of  the  Whole 
Constitution. 

The  question  recurred  upon  the  adoption  of  the  sub- 
stitute offered  by  Mr.  Sorrel  for  the  amendment  offered 
by  Mr.  White. 

On  motion  of  Mr.  Cobb  the  amendment  and  substitute 
were  laid  upon  the  table. 

Mr.  Boone  offered  the  following  amendment  to  Arti- 
cle XII  : 

Amend  the  Article  on  Corporations  by  adding  the  fol- 
lowing immediately  after  Section  227,  page  68,  as  Sec- 
tion 228 : 

1.  No  city  or  town  having  a  population  of  more 
than  6,000,  shall  have  authority  to  grant  to  any  person, 
firm,  corporation  or  association,  the  right  to  use  its 
streets,  avenues,  alleys  or  public  places  for  the  construct- 
ion or  operation  of  water  works,  gas  works,  telephone  or 
telegraph  lines,  electric  light  or  power  plants,  steam  or 
other  heating  plants,  street  railroads,  or  other  public 
utility,  except  railroads  other  than  street  railroads,  for 
a  longer  period  than  thirty  years. 

And  renumber  the  sections  following. 

Mr.  Smith,  of  Mobile,  moved  to  table  the  amendment 
offered  by  Mr.  Boone. 

The  motion  was  lost. 

The  question  recurred  upon  the  adoption  of  the 
amendment  offered  by  Mr.  Boone. 

The  amendment  was  adopted. 

Mr.  Williams,  of  Marengo,  offered  tlie  following 
amendment  to  Article  XII : 

Amend  the  fourth  paragraph  of  the  schedule  l)y  s'tvik- 
ing  out  the  period  at  the  end  thereof,  and  inserting  a 


Constitutional  Convention.  1613 

comma  in  lieu  thereof,  and  b}'  adding  immediately  tliere- 
-after  the  following:  "And  no  elector  shall  be  deprived 
of  his  right  to  vote  at  the  election  to  be  held  for  such  pur- 
pose by  reason  of  his  not  being  registered." 

On  motion  of  Mr.  Beddow  the  amendment  was  laid 
upon  the  table. 

On  motion  of  Mr.  White  Article  XII,  as  amended,  was 
adopted. 

ARTICLE  XIII. 

BANKS  AND  BANKING. 

AYas  read  at  length  as  follows,  and  adopted : 
ARTICLE  XIII. 

BANKS  AND  BANKING. 

240.  The  Legislature  shall  not  have  the  power  to 
establish  or  incorporate  any  bank  or  banking  company 
or  money  institution  for  the  purpose  of  issuing  bills  of 
credit  or  bills  payable  to  order  or  bearer,  except  under 
the  conditions  prescribed  in  this  Constitution. 

247.  No  bank  sliall  be  established  otherwise  than  under 
a  general  banking  law  nor  otherwise  than  upon  a  specie 
basis;  provided  that  any  bank  may  be  established  with 
authority  to  issue  bills  to  circulate  as  money  in  an 
amount  equal  to  the  face  value  of  bonds  of  the  United 
States  or  of  this  State,  convertible  into  specie  at  their 
face  value,  which  shall,  before  such  bank  is  authorized 
to  issue  its  bills  for  circulation,  be  deposited  with  the 
State  Treasurer  or  other  depository  prescribed  by  law, 
in  an  amount  equal  to  the  aggregate  of  such  proposed 
issue,  with  power  in  such  treasurer  or  depository  to  dis- 
pose of  any  or  all  of  such  bonds  for  a  sufficient  amount 
of  specie  to  redeem  the  circulating  notes  of  such  bank  at 
any  time  and  without  delay,  should  such  bank  suspend 
specie  payment  or  fail  to  redeem  its  notes  on  demand. 

248.  All  bills  or  notes  issued  as  money  shall  be 
at  all  times  redeemable  in  gold  or  silver,  and  no  law 
shall  be  passed  sanctioning  directly  or  indirectly,  the 


1614  Journal  of  Alabama 

siivspensiou  by  any  bank  or  banking  company  of  .specie 
payment. 

249.  Holders  of  bank  notes  and  depositors  who 
have  not  stipulated  for  interest,  shall,  for  such  notes  and 
deposits,  be  entitled  in  case  of  insolvency,  to  the  prefer- 
ence of  payment  over  all  other  creditors;  provided,  this 
section  shall  apply  to  all  banks  whether  incorporated 
or  not. 

250.  E\ery  bank  or  banking  company  shall  be  re- 
quired to  cease  all  banking  operations  within  twenty 
3'ears  from  the  time  of  its  organization,  unU^ss  the 
time  be  extended  by  law,  and  promptly  thereafter  close 
its  business;  but  after  it  has  closed  its  business  it  shall 
have  corporate  capacity  to  sue  and  shall  be  liable  to 
suits  until  its  affairs  and  lialnlities  are  fully  closed. 

251.  Ko  l)ank  shall  receive,  directly  or  indirectly, 
a  greater  rate  of  interest  than  shall  be  allowed  by  law 
to  Individuals  for  lending  mone^^ 

252.  Neither  the  State  nor  any  political  subdivi- 
sion thereof  shall  be  a  stockholder  in  any  bank,  nor  shall 
the  credit  of  the  State,  or  any  political  subdivision  there- 
of, be  given  or  lent  to  any  banldng  company,  association 
or  corporation. 

253.  The  Legislature  shall,  b.y  appropriate  laws, 
provide  for  the  examination,  by  some  public  offi- 
cer, of  all  banks  and  banking  institutions  and  trust  com- 
panies engaged  in  banking  business  in  this  State.  And 
each  of  such  banks  and  banking  companies  or  institu- 
tions shall,  through  its  president  or  such  other  officer 
as  the  Legislature  may  designate,  make  a  report,  under 
oath,  of  its  resources  and  liabilities  at  least  twice  a  year. 

254.  The  provisions  of  this  article  shall  apply  to  all 
banks  except  National  banks,  and  to  all  trust  companies 
and  individuals  doing  a  banking  business,  whether  in- 
(•(>r])orat(  d  or  not. 


COXSTITUTIOXAL  CONVENTION.  16  15- 

ARTICLE  XIV. 

EDUCATION. 

Was  read  at  lengtli  as  follows : 

ARTICLE  XIV. 

EDUCATION. 

255.  Tlie  Legislature  shall  establish,  or  organ- 
ize and  maintain  a  liberal  system  of  public  schools 
throughout  the  State  for  the  benefit  of  the  children 
thereof  betAveen  the  ages  of  7  and  21  years.  The  public 
school  fund  shall  be  apportioned  to  the  several  counties 
in  proportion  to  the  number  of  school  children  of  school 
age  therein,  and  shall  be  so  apportioned  to  the  schools 
in  the  districts  or  townsliii>s  in  the  county  as  to  pro- 
vide, as  nearly  as  practicable,  school  terms  of  equal 
duration  in  such  school  districts  or  townships.  Separ- 
ate schools  shall  be  provided  for  white  and  colored 
children  and  no  child  of  either  race  shall  be  permitted 
to  attend  a  school  of  the  other  race. 

256.  The  principal  of  all  funds  arising  from  the 
sale  or  other  disposition  of  lands  or  other  property, 
which  has  been  or  may  hereafter  be  granted  or  entrusted 
to  this  State  or  given  by  the  United  States  for  education- 
al purposes,  shall  be  preserved  inviolate  and  undimin- 
ished; and  the  income  arising  therefrom  shall  be  faith- 
fully applied  to  the  specific  object  of  the  original  grants 
or  appropriations. 

257.  All  lands  or  other  property  given  by  indi- 
viduals, or  appropriated  by  the  State  for  educational 
purposes,  and  all  estates  of  deceased  persons,  who  die 
without  leaving  a  will  or  heir,  shall  be  faithfully  ap- 
plied to  the  maintenance  of  the  public  schools. 

258.  All  poll  taxes  collected  in  this  State  shall  be  ap- 
plied to  the  support  of  the  public  schools  in  the  respect- 
ive counties  where  collected. 

259.  The  income  arising  from  the  Sixteenth  Sec- 
tion trust  fund,  the  surplus  revenue  fund,  until  it  is 


1616  Journal  of  Alabama 

■called  for  by  the  United  States  government,  and  the 
funds  enumei'ated  in  Sections  256  and  257  of  this  Con- 
stitution, together  witli  a  special  annual  tax  of  30 
cents  on  each  iiflOO  of  taxable  property  in  this  State, 
which  the  Legislature  shall  levy,  shall  be  ap- 
plied to  the  support  and  maintenance  of  the  public 
schools,  and  it  shall  be  the  duty  of  the  Legis- 
lature to  increase  the  pul)lic  school  fund  from  time  to 
time  as  the  necessity  therefor  and  the  condition  of  the 
treasury  and  the  resources  of  the  State  may  justify. 
Provided,  that  nothing  herein  contained  shall  be  so  con- 
strued as  to  authorize  the  Legislature  to  levy  in  any  one 
year  a  greater  rate  of  State  taxation  for  all  purposes, 
including  scliools,  than  sixty-five  cents  on  each 
$100  worth  of  taxable  property;  and  provided 
further,  that  nothing  herein  contained  shall  prevent  the 
Legislature  from  first  iDroviding  for  the  payment  of  the 
bonded  indebtedness  of  the  State,  and  interest  thereon 
out  of  all  of  the  revenues  of  the  State. 

260.  Not  more  than  4  per  cent,  of  all  moneys  raised 
or  which  may  hereafter  be  appropriated  for  the  support 
of  public  schools,  shall  be  used  or  expended  otherwise 
than  for  the  payment  of  teachers  employed  in  such 
schools;  provided,  that  the  Legislature  may,  by 
a  vote  of  two-thirds  of  each  House,  suspend  the  opera- 
tion of  this  section. 

261.  The  supervision  of  the  public  schools  of  the 
State  shall  be  vested  in  a  Superintendent  of  Education, 
whose  powers,  duties  and  compensation  shall  be  fixed  by 
law. 

262.  No  money  raised  for  the  support  of  the  public 
schools  shall  be  appropriated  to  or  used  for  the  sup- 
port of  any  sectarian  or  denominational  school. 

263.  The  State  University  shall  be  under  the  manage- 
ment and  control  of  a  board  of  trustees  which  shall  con- 
sist of  two  members  from  the  Congressional  district  in 
which  the  University  is  located,  ancl  one  from  each  of  the 
other  Congressional  districts  in  the  State;  and  the  Sup- 
erintendent of  Education  and  the  Governor,  who  shall  be 
ex-officio  president  of  the  board.  The  members  of  the 
Board  of  Trustees,  as  now  constituted,  shall  hold  office 


Constitutional  Convention.  1617 

until  their  respective  terms  expire  under  existini:;-  law, 
and  until  their  successors  shall  be  elected  and  continued 
as  hereinafter  required.  Successors  to  those  trustees 
whose  terms  expire  in  1902  shall  hold  office  until  1907; 
successors  to  those  trustees  whose  terms  exjure  in  1904 
shall  hold  office  until  1911;  successors  to  those  trustees 
whose  terms  expire  in  1900  shall  hold  office  until  1915; 
and  thereafter  their  successors  shall  hold  office  for  a 
term  of  12  years.  When  the  term  of  auA^  member  of  such 
board  shall  exi)ire,  the  remaining  members  of  the  board 
shall  by  secret  ballot  elect  his  successor;  provided,  that 
any  trustee  so  elected  shall  hold  office  from  the  date  of 
his  election  until  his  confirmation  or  rejection  by  the 
Senate,  and,  if  confirmed,  until  the  expiration  of  the 
term  for  which  he  was  elected,  and  until  his  successor  is 
elected.  At  every  meeting  of  the  Legislature  the  Sup- 
erintendent of  Education  shall  certify  to  the  Senate  the 
names  of  all  who  shall  have  been  so  elected  since  the  last 
session  of  the  Legislature,  and  the  Senate  shall  confirm 
or  reject  them,  as  it  shall  determine  is  for  the  best  inter- 
est of  the  University.  If  it  reject  the  names  of  any 
members,  it  shall  thereupon  elect  trustees  in  the  stead  of 
those  rejected.  In  case  of  a  vacancy  on  said  board  by 
death  or  resignation  of  a  member,  or  from  any  cause 
other  than  the  expiration  of  his  term  of  office,  the  board 
shall  elect  his  successor,  who  shall  hold  office  until  the 
next  session  of  the  Legislature.  No  trustee  shall  receive 
any  pay  or  emolument  other  than  his  actual  expenses 
incurred  in  the  discharge  of  his  duties  as  such. 

264.  After  the  ratification  of  this  Constitution  there 
shall  be  paid  out  of  the  treasury  of  this  State  at  the  time 
and  in  the  manner  provided  by  law,  the  sum  of  not  less 
than  thirty-six  thousand  dollars  per  annum  as  interest 
on  the  funds  of  the  University  of  Alabama,  heretofore 
covered  into  the  treasury,  for  the  maintenance  and  sup- 
port of  said  institution;  provided,  that  the  Legislature 
shall  have  the  power  at  any  time  they  dt^em  proper  for 
the  best  interest  of  said  Universit}^  to  abolish  the  mili- 
tary system  at  said  institution,  or  reduce  the  said  sys- 
tem to  a  department  of  instruction,  and  that  such  action 
on  the  part  of   the  legislature  shall  not  cause  any  diminu- 

103 


1618  Journal  of  Alabama 

tion  of  the  auionnt  of  the  annual  interest  payable  out  of 
the  treasury  for  the  support  and  maintenance  of  said 
University. 

265.  The  Alabama  Polytechnic  Institute,  formerly 
called  the  Agi-icultui'-al  and  Mechanical  College,  shall 
be  under  the  management  and  control  of  a  Board  of 
Trustees,  which  shall  consist  of  two  members  from  the 
Congressional  district  in  which  the  institute  is  located, 
and  one  from  each  of  the  other  Congressional  districts 
in  the  State,  the  State  Superintendent  of  Education  and 
the  Governor,  who  shall  be  ex-officio  president  of  the 
board.  The  trustees  shall  be  appointed  by  the  Governor, 
by  and  with  the  advice  and  consent  of  the  Senate,  and 
they  shall  hold  ofiice  for  a  term  of  twelve  years,  and 
until  their  successors  shall  be  appointed  and  qualified. 
The  board  shall  be  divided  into  three  classes,  as  nearly 
equal  as  may  be,  so  that  one-third  may  be  chosen  quad- 
riennially.  Vacancies  occurring  in  the  oflSce  of  trustees 
from  death  or  resignation,  and  the  vacancies  regularly 
occurring  in  the  year  1905  shall  be  filled  by  the  Gover- 
nor, and  such  appointee  shall  hold  office  until  the  next 
meeting  of  the  Legislature.  Successors  to  those  trus- 
tees whose  terms  expire  in  1903  shall  hold  office  until 
1911 ;  successors  to  those  whose  terms  expire  in  1905 
shall  hold  office  until  1915;  and  successors  to  those 
whose  terms  expire  in  1907  shall  hold  office  until  1919. 
No  trustee  shall  receive  any  pay  or  emolument  other 
than  his  actual  expenses  incurred  in  the  discharge  of  his 
duties  as  such. 

266.  The  Legislature  shall  not  have  power  to  change 
the  location  of  the  State  University,  or  the  Alabama 
Polytechnic  Institute,  or  the  Alabama  schools  for  the 
Deaf  and  Blind,  or  the  Alabama  Girls'  Industrial  school, 
as  now  established  by  law,  except  upon  a  vote  of  two- 
thirds  of  the  Legislature  taken  by  yeas  and  nays  and  en- 
tered upon  the  Journals. 

267.  The     Legislature     shall     provide     for     tak- 
_  ing  a  school  census  by  townships  and  districts  through- 
out the  State  not  oftener  than  once  in  two  years,  and 
shall  provide  for  the  punishment  of  all  persons  or  offi- 
cers making  false  and  fraudulent  enumerations  and  re- 


Constitutional  Convention.  1619 

turns;  provided,  the  State  Siii*eriiiteudeiit  of  Education 
may  order  and  supervise  the  taking  of  a  new  eensus  in 
any  township,  district  or  county,  whenever  he  may  have 
reasonable  cause  to  believe  that  false  or  fraudulent  re- 
turns have  been  made. 

268.  The  several  counties  in  this  State  shall  have 
power  to  levy  and  collect  a  special  tax  not  exceeding  10 
cents  on  each  $100  of  taxable  property  in  such  counties, 
for  the  support  of  public  schools;  provided,  that  the 
rate  of  such  tax,  the  time  it  is  to  continue,  and  the 
purpose  thereof  shall  Irave  been  first  submitted  to  a 
vote  of  the  qualified  electors  of  the  county  and  voted 
for  by  three-fifths  of  those  voting  at  such  election;  but 
the  rate  of  such  special  tax  shall  not  increase  the  rate 
of  taxation.  State  and  county  combined,  in  any  year,  to 
more  than  fl.25  on  each  |100  of  taxable  property;  ex- 
cluding, however,  all  special  county  taxes  for  public 
buildings,  roads,  bridges  and  the  payment  of  delttvs  exist- 
ing at  the  ratification  of  the  Constitution  of  1875.  The 
funds  arising  from  such  special  school  tax  shall  be  ap- 
portioned and  paid  through  the  proper  school  officials 
to  the  several  schools  in  the  townships  and  districts  in 
the  county  that  the  school  terms  of  the  respective  schools 
shall  be  extended  by  such  supplement  as  nearly  the  same 
length  of  time  as  practicable;  provided,  that  this  sec- 
tion shall  not  apply  to  the  cities  of  Decatur,  New  De- 
catur and  Cullman. 

269.  The  provisions  of  this  article  and  of  any  act 
of  the  Legislature  passed  in  pursuance  tliereof 
to  establish,  organize  and  maintain  a  S3^stem  of  public 
schools  throughout  the  State,  shall  apply  to  Mobile 
county  only  so  far  as  to  authorize  and  require  the 
authorities  designated  by  law  to  draw  the  portions  of 
the  funds  to  VN'hich  said  county  shall  be  entitled  for 
school  purposes,  and  to  make  repor-ts  to  the  Superin- 
tendent of  Education  as  may  be  prescribed  by  law.  And 
all  special  incomes  and  powers  of  taxation^  as  now 
authorized  by  law  for  the  benefit  of  public  schools  in 
said  county,  shall  remain  undisturbed  until  otherwise 
provided  by  the  Legislature;  provided,  that  separate 
schools  for  each  race  shall  always  be  maintained  by  said 
school  authorities. 


1620  Journal  of  Alabama 

Mr.  Case  offered  the  following  amendment  to  Article 
XIV  : 

Amend  the  report  of  the  Committee  on  Education,  on 
page  79,  by  striking  out  all  the  words  after  the  conjunc- 
t*cn  "and"  preceded  by  a  semicolon  in  the  twelfth  line, 
up  to  the  word  "that,"  preceded  by  "provided"  in  the 
fourteenth  line. 

On  motion  of  Mr,  Graham,  of  Talladega,  the  amend- 
ment Avas  laid  upon  the  table. 

Mr.  Foster  offered  the  following  amendment  to  Arti- 
cle XIV,  which  was  adoi)ted: 

Amend  Section  268  in  the  Article  on  Education,  on 
page,  79,  by  striking  out  all  of.  section  after  the  word 
**Cullmau''  on  line  1  on  said  page. 

Mr.  Kvle  oft'ered  the  following  amendment  to  Article 
XIV : 

Amend  Article  XIV  on  Education  by  striking  out  Sec- 
tion 269. 

On  motion  of  Mr.  Graham,  of  Talladega,  the  amend- 
ment was  laid  upon  the  table. 

On  motion  of  Mr.  White  Article  XIV  was  adopted. 

ARTICLE  XV. 

MILITIA. 

Was  read  at  length  as  follows,  and  adopted : 
ARTICLE  XV. 

MILITIA. 

270.  The  Legislature  shall  have  the  power  to  de- 
clare who  shall  constitute  the  militia  of  the  State,  and 
to  provide  for  organizing,  arming  and  disciplining  the 
same ;  and  the  Legislature  may  provide  for  the  organiza- 
tion of  a  State  Naval  Militia. 

271.  The  Legislature,  in  providing  for  the  organiza- 
tion, equipment  and  discipline  of  the  militia,  shall  con- 
form as  nearly  as  practicable  to  the  regulations  for  the 
government  of  the  armies  of  the  United  States. 


Constitutional  Convention.  1621 

272.  Each  company  aud  regiment  shall  elect  its 
own  company  and  regimental  officers;  but  if  any  coip.- 
pany  or  regiment  shall  neglect  to  elect  such  officers  with- 
in the  time  prescribed  by  law,  they  may  be  appointed 
by  the  Governor. 

273.  Volunteer  organizations  of  infantry,  cavalry, 
and  artillery  and  naval  militia  may  be  formed  in  such 
manner  and  under  such  restrictions  and  with  such  privi- 
leges as  may  be  provided  by  law. 

274.  The  militia  and  volunteer  forces  shall,  in  all 
cases,  except  treason,  felony  and  breach  of  the  peace, 
be  privileged  from  arrest  during  their  attendance  at 
musters,  parades  and  elections  and  in  going,  to  and  re- 
turning from  the  same. 

275.  The  Governor  shall,  with  the  advice  and  con- 
sent of  the  Senate,  appoint  all  general  officers,  whose 
terms  of  office  shall  be  for  four  years.  The  Governor, 
the  generals  and  regimental  and  batallion  commanders 
shall  appoint  their  own  staffs,  as  may  be  provided  by 
law. 

276.  The  Legislature  shall  provide  for  the  safe- 
keeping of  the  arms,  ammunition  and  accoutrements, 
military  records,  banners  and  relics  of  the  State. 

277.  The  officers  and  men  of  the  militia  and  volun- 
teer forces  shall  not  be  entitled  to  or  receive  any  pay, 
rations  or  emoluments  when  not  in  active  service, 

ARTICLE  XVI. 

OATH  OF  OFFICE. 


Was  read  at  length  as  follows,  and  adopted  : 
ARTICLE  XVI. 

OATH  OF  OFFICE. 

278.     All  members  of  the  Legislature,  and  all  officersy- 
executive  and  judicial,  before  they  enter  upon  the  exe- 
cution of  the  duties  of  their  respective  offices,  shall  take 
th'   following  oath  or  affirmation: 


1622  Journal  of  Alabama 

"I,  ,  solemnh^  swear  (or  affirm,  as  the  case 

may  be),  that  I  will  support  the  Constitution  of  the 
l.xited  States,  and  the  Constitution  of  the  State  of  Ala- 
bama, so  long  as  I  continue  a  citizen  thereof;  and  that 
I  will  faithfully  and  honestly  discharge  the  duties  of  the 
office  upon  which  I  am  about  to  enter,  to  the  best  of  my 
abilit}^,  so  help  me  God.'' 

This  oath  may  be  administered  by  the  presiding  officer 
of  either  House  of  the  Legislature,  or  by  any  officer 
authorized  by  law  to  administer  an  oath. 

REPO^lT   OP   STANDING   COMMITTEES. 

Mr.  White,  chairman  of  the  Committee  on  Order,  Con- 
sistency and  Harmony  of  the  Whole  Constitution,  sub- 
mitted the  following  report,  which  was  read  at  length  as 
follows : 

Report  of  the  Committee  on  Order,  Harmony  and  Con- 
sistency of  the  Constitution. 
Mr.  President : 

Your  committee  to  which  was  re-referred  Article  VII 
on  Impeachments,  respectfully  report  that  they  have  ex- 
amined the  article  and  the  amendments  thereto,  and  find 
the  same  correct,  and  in  proper  form,  except  the  two 
amendments  to  Section  173,  which  have  been  rewritten 
and  incorporated  in  said  section,  which  section  as 
amended  and  rewritten  has  been  incorporated  into  the 
article  and  is  herewith  returned  to  the  Convention  with 
the  recommendation  that  it  l)e  adopted. 

Respectfully  submitted, 

Frank  S.  AVtiite,  Chairman. 

ARTICLE  A^II. 

IMPEACHMENTS. 

The  Govin-nor  Lieutenant  Governor  Attorney  Gen- 
eral, State  Auditor,  Secretary  of  State,  State  Treasurer, 
Superintendent  of  Education,  Commissioner  of  Agricul- 
ture and  Industries,  and  Justices  of  tlie  Supreme  Court 
may  be  removed  from  office  for  wilful  neglect  of  dutv, 
corruption  in  office,  incompetency,  or  intemprance  in  tlu? 


CoXvSTITUTIONAL  CONVENTION.  1623 

use  of  intoxicating  liquors  or  narcotics  to  such  an  ex- 
tent, in  view  of  tlie  dignitv  of  the  office  and  importance 
of  its  duties,  as  unfits  tlie  officer  for  tlie  discharge  of 
such  duties,  or  for  any  offense  involving  moral  turpitude 
while  in  office,  or  committed  under  color  thereof,  or  con- 
nected therewith,  by  the  Senate  sitting  as  a  court  of  im- 
peachment, under  oath  or  affirmation  on  articles  or 
charges  preferred  by  the  House  of  Rei)resentatives. 

When  the  Governor  or  Lieutenant  Governor  is  im- 
peached, the  Chief  Justice,  or  if  he  be  absent  or  disquali- 
fied, then  one  of  the  Associate  Justices  of  the  Supreme 
Court,  to  be  selected  by  it,  shall  preside  over  the  Senate 
when  sitting  as  a  court  of  impeachment. 

If  at  any  time  when  the  Legislature  is  not  in  session 
a  majority  of  all  the  members  elected  to  the  House  of 
Representatives  shall  certify  in  writing  to  the  Secretary 
of  State  their  desire  to  meet,  to  consider  the  impeach- 
mnt  of  the  Governor,  Lieutenant  Governor,  or  other  offi- 
cers administering  the  office  of  Governor,  it  shall  be  the 
dut}'  of  the  Secretary  of  State  immediately  to  notify  the 
Speaker  of  the  House,  who  shall,  within  ten  days  after 
receipt  of  such  notice,  summon  the  members  of  the  House 
by  publication  in  some  newspaper,  published  at  the  Capi- 
tal, to  assemble  at  the  Capitol  on  a  day  to  be  fixed  by  the 
Speaker,  not  later  than  fifteen  days  after  the  receipt  of 
the  notice  to  him  from  the  Secretary  of  State,  to  con- 
sider the  impeachment  of  the  Governor,  Lieutenant  Gov- 
ernor, or  other  officer  administering  the  office  of  Gover- 
nor. If  the  House  of  Representatives  prefer  articles  of 
impeachment,  the  Speaker  of  the  House  shall  forthwith 
notify  the  Lieutenant  Governor,  unless  he  be  the  officer 
impeached,  in  which  event  he  shall  notify  the  Secretary 
of  State,  who  shall  summon,  in  the  manner  hereinabove 
provided  for,  the  members  of  the  Senate,  to  assemble  at 
the  Capitol  on  a  day  to  be  named  in  said  summons,  not 
later  than  ten  days  after  receipt  of  the  notice  from  the 
Speaker  of  the  House,  for  the  purpose  of  organizing  as 
a  court  of  impeachment,  the  Senate  when  then  organized 
shall  hear  and  try  such  articles  of  impeachment  against 
the  Governor,  Lieutenant  Governor  or  other  officer  exer- 
cising the  powers  of  the  office  of  Governor,  as  may  be 
preferred  by  the  House  of  Representiitives. 


1624  Journal  of  Alabama 

The  Cliancelloi-s,  Judges  of  the  Circuit  Courts, 
Judges  of  the  Probate  Courts,  and  Judges  of  other  courts 
from  which  an  appeal  may  be  taken  directly  to  the  Sup- 
reme Court,  and  Solicitors  and  Sheritt's,  may  be  removed 
from  office  for  any  of  the  causes  specified  in  the  preced- 
ing section,  or  elsewhere  in  this  Constitution,  by  the 
Supreme  Court  under  such  regulations  as  may  be  pre- 
scribed by  law.  The  Legislature  may  provide  for  the  im- 
peachment or  removal  of  other  officers  than  those  named, 
in  this  article. 

The  Clerks  of  the  Circuit  or  courts  of  like  jurisdiction, 
of  Criminal  Courts,  Tax  Collectors,  Tax  Assessors, 
County  Treasurers,  County  Superintendents  of  Edu- 
cation, Judges  of  inferior  courts  created  under 
authority  of  Section  1G8  of  this  Constitution, 
Coroners,  Justices  of  the  Peace,  Notaries  Public, 
(Constables,  and  all  other  county  officers.  Mayors, 
Intendants  and  all  other  officers  of  incorporated  cities, 
and  towns  in  this  State,  may  be  removed  from  office  for 
any  of  the  causes  specified  in  Section  173  of  this  Con- 
stitution, by  the  Circuit  or  other  courts  of  like  jurisdic- 
tion, or  a  Criminal  Court  of  the  county  in  which  such 
officers  hold  their  offices  under  such  regulations  as  may 
be  prescribed  by  law;  provided,  that  the  right  of  trial 
by  jury  and  appeal  in  such  cases  shall  be  secured. 

The  penalties  in  cases  arising  under  the  tliree 
preceding  sections  shall  not  extend  beyond  removal  from 
office  and  disqualification  from  holding  office,  under  tlie 
authority  of  this  State,  for  the  term  for  which  the  officer 
was  elected  or  appointed,  but  the  accused  shall  be  liable 
to  indictment  and  punishment  as  prescribed  by  hiw. 

The  report  was  concurred  in,  and  the  Article  on  Im- 
peachments was  adopted. 

Mr.    White,   chairman   of  the   Committee   on   Order, 
Consistency  and  Harmony  of  the  Whole  Constitution, 
also  submitted  the  following  report : 
Mr.  President : 

Your  committe  to  which  was  ref(M*red  the  Article  on 
Suffrage  and  Elections,  respectfiil^v  report  that  the 
amenduHMits  adopted  by  the  Convention  have  been  put 
in  proper  form,  and  are  herewith  returned  to  the  Con- 


Constitutional  Convention.  1625- 

vention  with  the  recommendation  that  they  be  adopted 
as  amended,  and  incorporated  in  said  article. 
Kespectfully  submitted, 

Frank  S,  White^  Chairman. 

First,  those  who  can  read  and  write  any  article  of 
the  Constitution  of  the  United  States  in  the  English 
language,  and  who  are  physically  unable  to  work  and 
those  who  can  read  and  write  any  article  of  the  Consti- 
tution of  the  United  States  in  the  English  language  and 
have  worked  or  been  regularly  engaged  in  some  lawful 
employment,  business  or  occupation,  trade  or  calling  for 
the  greater  part  of  the  twelve  months  next  preceding  the 
time  they  offer  to  register ;  and  those  who  are  unable  to 
read  and  write  if  such  disability  is  due  solely  to  physical 
disability ;  or. 

The  report  was  concurred  in,  and  Article  VIII  was 
adopted. 

Mr.    White,   chairman   of  the  Committee   on   Order, 
Consistency  and  Harmony  of  the  Whole  Constitution, 
also  submitted   the  following  report,   AA'hich   was  con- 
curred in: 
Mr.  President : 

The  Committee  on  Order,  Consistency  and  Harmony 
of  the  Whole  Constitution  beg  leave  to  report  that  the 
Article  on  the  Executive  Department  submitted  to  this 
Committee  has  been  reexamined  and  Section  138  re- 
written so  as  to  incorporate  in  it  in  proper  form  the 
amendment  passed  this  morning  in  reference  to  extend- 
ing the  terms  of  office  of  the  present  Sheriffs,  and  here- 
with return  the  section  as  rewritten,  with  the  recom- 
mendation that  the  section  as  rewritten  and  the  article 
as  amended,  be  passed. 

Eespectfully  submitted,  ''' 

Frank  S.  W^hite,  Chait  man. 

Be  it  ordained  that  Section  138,  on  the  Executive  De- 
partment, be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows : 

138.  A  Sheriff  shall  be  elected  in  each  county  by  the 
qualified  electors  thereof,  who  shall  hold  office  for  a 
term  of  four  years,  unless  sooner  removed,  and  he  shall 


1626  Journal  of  Alabama 

be  ineligible  to  such  office  as  his  own  successor;  pro- 
vided, that  the  terms  of  all  Sheriffs  expiring  in  the  year 
1904  are  hereby  extended  until  the  time  of  the  expira- 
tion of  the  terms  of  the  other  executive  officers  of  this 
State  in  the  year  1907,  unless  sooner  removed. 

AVheuever  any  prisoner  is  taken  from  jail,  or  from  the 
custody  of  the  Sheriff,  or  his  deputy,  and  put  to  death, 
or  suffers  gTievous  bodily  harm,  owing  to  the  neglect, 
connivance,  cowardice  or  other  grave  fault  of  the  Sheriff, 
such  Sheriff  may  be  impeached  under  Section  171  of  this 
Constitution.  If  the  Sheriff  be  impeached,  and  there- 
upon convicted,  he  shall  not  be  eligible  to  hold  any  office 
in  this  State  during  the  time  for  which  he  had  been 
elected  or  appointed  to  serve  as  Sheriff'. 

ARTICLE  XVII. 

MISCELLANEOUS  PROVISIONS. 

Was  read  at  length  as  follows : 

ARTIC1.E  XVII. 

MISCELLANEOUS  PROVISIONS. 

279.  No  person  holding  an  office  of  profit  under  the 
United  States,  except  postmasters,  whose  annual  sal- 
aries do  not  exceed  1200,  shall,  during  his  continuance 
in  such  office,  hold  any  office  of  profit  under  this  State; 
nor  unless  otherwise  provided  in  this  Constitution 
shall  any  person  holding  tAvo  offices  of  profit  at  one 
time  under  this  State,  except  Justices  of  the  Peace, 
Constfijjles,  Notaries  Public,  and  Commissioners  of 
DeedfY^i 

280.  The  snlhry,  fees  or  compensation  of  any  officer 
holding  any  civil  office  of  profit  under  this  State  or  any 
county  or  municipality  thereof,  shall  not  be  increased 
or  diminished  during  the  term  for  which  he  shall  have 
been  elected  or  appointed. 

281.  It  is,  made  the  duty  of  the  Legislature  to 
-enact  all  laws  necessary  to  give  effect  to  the  provisions 
of  this  Constitution. 


CONSTITUTIONAJj  CONVENTION. 


1627 


Mr.  Beddow  offered  the  following  amendment  to  Arti- 
cle XVII : 

Sec.  —  After  the  first  day  of  January,  1904,  the  labor 
of  convicts  shall  not  be  let  out  by  contract  to  any  person, 
copartnership,  comjiany  or  corporation,  and  the  Legis- 
lature shall,  by  law,  provide  for  the  working  of  convicts 
for  the  benefit  of  the  State  and  the  various  counties 
thereof. 

On  motion  of  Mr.  deGraffenried  the  amendment  was 
laid  upon  the  table. 

Mr.  Beddow  offered  the  following  amendment  to  Arti- 
cle XVII : 

Amend  Article  on  Miscellaneous  Provisions  by  adding 
a  new  section,  as  follows : 

After  January  the  first,  1904,  no  convict  sentenced  to 
hard  labor  for  the  counts  shall  be  let  out  by  contract  to 
any  person,  copartnership,  company  or  corporation  oiii- 
side  of  the  county  in  which  conviction  is  had;  nor  shall 
any  person  convicted  of  a  misdemeanor  be  worked  in  any 
coal,  ore  or  other  underground  mine  while  serving  sen- 
tence. 

On  motion  of  Mr.  Jenkins  the  amendment  was  laid 
upon  the  table:  Yeas,  50;  nays,  55. 


YEAS. 


Messrs.  President, 

Altman, 

Barefield, 

Bethune, 

Burns, 

Carmichael    (Colbert), 

Chapman, 

Cobb, 

Coleman  ( Creene) , 

Coleman  (Walker), 

Davis  (Etowah), 

Dent, 

deCxraffenried, 

Eley, 

Eyster, 


Metcher, 
Foshee, 
Foster, 
<  Hover, 
(rrayson, 

(Jreer  (Calhoun), 
lleflin  (Chambers), 
Ilinson, 
Inge, 
Jenkins, 
Kirk, 
Kniulit, 
Kyle, 
Lomax, 
Mc]\rillan  (Baldwin), 


1628 


Journal  of  Alabama 


Martin, 
Merrill, 

Miller  (Marengo), 
Miller  (AVilcox), 
Murphree, 
Norman, 
Opp, 
Palmer, 

Parker  ( Cullman ) , 
Phillips, 

Rogers  (Sumter), 
Samford, 
Sanford, 


Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Spragins, 

Studdard, 

Tajloe, 

Waddell, 

Walker, 

Whiteside, 

Williams   (Barbour), 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Washington) — 56, 


NAYS. 


Messrs.  Asheraft, 

Banks, 

Bartlett, 

Beavers, 

Beddow, 

Blackwell, 

Boone, 

Byars, 

Cardon, 

Case, 

Cofer, 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Fergrson, 

Grant, 

Greer  (Perry), 

Heflin  (Randolph), 

Henderson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Jackson, 

Jones  (Bibb), 


Jones  (Montgomery), 

Jones  (Wilcox), 

Led  better, 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Moody, 

jMulkey, 

Gates, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

O'Rear, 

Pearce, 

Pettus, 

Pillans, 

Porter, 

Proctor, 

Reese, 

Reynolds  (Henry), 

Rogers  ( Lowndes ) , 

Sanders. 

Selheimer, 

Spears, 


Constitutional  Convention.  1629 

Stewart,  ^Vbite, 

^Vatts,  >Viun — 55. 

Weakley, 

Article  XVII  was,  ou  motion  of  Mr.  Wliite,  adopted. 

ARTICLE  XVIII. 

MODE  OF  AMENDING  THE  CONSTITUTION. 

Was  read  at  length  as  follows  : 

ARTICLE  XVIII. 

MODE  OF  AMENDING  THE  CONSTITUTION. 

282.  Amendments  may  be  proposed  to  this  Constitu- 
tion by  the  Legislature  in  the  manner  following: 
The  proposed  amendments  sliall  be  read  in  the  House  in 
which  they  originate  on  three  several  days,  and  if  upon 
the  third  reading  three-fifths  of  all  the  members  elected 
to  that  House  shall  vote  in  favor  thereof  the  proposed 
amendments  shall  be  sent  to  the  other  House,  in  which 
they  shall  likewise  be  read  on  three  sevei^al  days,  and  if 
upon  the  third  reading,  three-fifths  of  all  the  members 
elected  to  that  Hoiise  shall  vote  in  favor  of  the  proposed 
a.  lendments,  the  Legislature  shall  order  an  elec- 
tion next  succeeding  the  session  of  the  Legis- 
lature at  which  the  amendments  are  proposed  or  upon 
another  day  appointed  by  the  Legislature  not  less 
than  three  months  after  adjournment  of  the  session  of 
the  Legislature  at  which  the  amendments  were  pro- 
posed. Notice  of  such  election,  together  with  the  pro- 
posed amendments  shall  be  given  by  proclamation  of 
the  Governor,  which  shall  be  published  in  every  county 
in  such  manner  as  the  Legislature  shall  direct, 
for  at  least  eight  successive  weeks  next  preceding  the 
day  appointed  for  such  election.  On  the  day  so  ap- 
pointed an  election  shall  be  held  for  the  vote  of  the 
qualified  electors  of  the  State  upon  the  proposed  amend- 
ments. If  such  election  be  held  on  the  day  of  the  gen- 
eral election,  the  officers  of  the  general  election  shall 


1630  Journal  of  Alabama 

open  a  poll  for  the  vote  of  the  qualified  electors  on  the 
proposed  amendments;  if  it  be  held  on  a  day  other  than 
that  of  a  general  election,  officers  for  such  election  shall 
be  aiDpointed  and  the  election  shall  be  held  in  all  things 
in  accordance  with  the  law  governing  general  elections. 
In  all  elections  upon  such  proposed  amendments  the 
votes  cast  thereat  shall  be  canvassed,  tabulated,  and  re- 
turns thereof  made  to  the  Secretary  of  State,  and 
counted,  in  the  same  manner  as  in  elections  for 
Eepresentatives  to  the  Legislature,  and  if  it  shall 
thereupon  appear  that  a  majority  of  the  qualified  elect- 
ors who  voted  at  such  election  upon  the  proposed  amend- 
ments voted  in  favor  of  the  same,  such  amendments  shall 
be  valid  to  all  intents  and  purposes  as  parts  of  this  Con- 
stitution. The  result  of  such  election  shall  be  made 
known  by  procamation  of  the  Governor.  Representa- 
tion in  the  Legislature  shall  be  based  upon  population, 
and  such  basis  of  representation  shall  not  be  changed 
by  constitutional  amendment. 

283.  Upon  the  ballots  used  at  all  elections  provided  for 
in  Sec.  282  of  this  Constitution,  the  substance  or  subject 
matter  of  each  proposed  amendment  shall  be  so  printed 
that  the  nature  thereof  shall  be  clearly  indicated,  fol- 
lowing each  proposed  amendment  on  the  ballot  shall 
be  printed  the  words  "Yes"  and  immediately  under 
that  shall  be  printed  the  words  "No."  The  choice  of  the 
elector  shall  be  indicated  by  a  cross  mark  opposite  the 
word  expressing  his  desire,  and  no  amendment  shall  be 
adopted  unless  it  receives  the  affirmative  vote  of  a  ma- 
jority of  all  the  qualified  electors  who  voted  at  such 
election. 

284.  No  convention  shall  hereafter  be  held  for  the 
purpose  of  altering  or  amending  the  Constitution  of 
this  State,  unless  after  the  Legislature,  by  a  vote  of 
a  majority  of  all  the  members  elected  to  each  House,  has 
passed  an  act  or  resolution  calling  a  Convention  for 
such  purpose,  the  question  of  Convention  or  No  Conven- 
tion shall  be  first  submitted  to  a  vote  of  all  the  qualified 
electors  of  the  State,  and  approved  by  a  majority  of  those 
voting  at  such  election.  No  act  or  resolution  of  the 
Legislature    calling    a    convention     for     the     purpos(^ 


Constitutional  Convention.  1681 

of  altering  or  amending  tlie  Constitution  of  this  State 
shall  be  repealed  except  upon  the  vote  of  a  majority  of 
all  the  members  elected  to  each  House  at  the  same  ses- 
sion at  which  such  act  or  resolution  was  passed;  pro- 
vided, nothing  herein  contained  shall  be  construed  as  re- 
stricting the  jurisdiction  and  power  of  the  Convention 
when  duly  assembled  in  pursuance  of  this  section,  to  es- 
tablish such  ordinances  and  to  do  and  perform  such 
things  as  to  the  Convention  may  seem  necessary  or 
proper  for  the  purpose  of  altering,  revising  or  amending 
the  existing  Constitution. 

285.  All  votes  of  the  Legislature  upon  proposed 
amendments  to  this  Constitution,  and  upon  bills  or 
resolutions  calling  a  Convention  for  the  purpose  of  al- 
tering or  amending  the  Constitution  of  this  State  shall 
be  taken  by  yeas  and  nays  and  entered  on  the  Journals. 
No  act  or  resolution  of  the  Legislature  passed  in 
accordance  with  the  provisions  of  this  article  proposing 
amendments  to  this  Constitution,  or  calling  a  conven- 
tion for  the  purpose  of  altering  or  amending  the  Con- 
stitution of  this  State  shall  be  submitted  for  the  ap- 
proval of  the  Governor,  but  shall  be  valid  without  his 
approval. 

Mr.  deGraffenried  offered  the  following  amendment 
to  Article  XVIII,  which  was  adopted : 

Amend  Section  283,  page  84,  by  inser-ting  after  the 
words  "cross  mark"  in  line  six,  the  words  "made  by  him 
or  under  his  direction." 

On  motion  of  Mr.  White  Article  XVIII  was  adopted  as 
amended. 

ARTICLE  — 

SCHEDULE. 

In  order  that  no  injury  or  inconvenience  may  arisj 
from  the  alterations  and  amendments  made  by  this  Con- 
stitution to  the  existing  Constiution  of  this  State,  and 
to  carry  this  Constitution  into  effect,  it  is  hereby  or- 
dained and  declared : 


1632  Journal  of  Alabama 

First- — Tliat  all  laws  in  force  at  the  ratification  of  this 
Constitution  and  not  inconsistent  therewith,  shall  re- 
main in  full  force,  until  altered  or  repealed  by  the  Leg- 
islature ;  and  all  rights,  actions,  prosecutions,  claims  and 
contracts  of  the  State,  counties,  individuals  or  bodies 
corporate,  not  inconsistent  with  this  Constitution,  shall 
continue  to  be  valid  as  if  this  Constitution  liad  not  been 
ratified. 

Second — That  all  bonds  executed  by  or  to  any  officer 
of  this  State,  all  recognizances,  obligations  and  all  other 
instruments  executed  to  this  State,  or  any  subdivision 
or  municipality  thereof,  before  the  ratification  of  this 
Constitution,  and  all  fines,  taxes,  penalties  and  forfeit- 
ures due  and  owing  to  the  State,  or  any  subdivision,  or 
municix>alit3^  thereof;  and  all  writs,  suits,  prosecu- 
tions, claims  and  causes  of  action,  except  as  herein 
otherwise  provided,  shall  continue  and  remain  unaffected 
by  the  ratification  of  this  Constitution.  All  indictments 
which  have  been  found,  or  which  may  hereafter  be 
found,  for  any  crime  or  offense  committed  before  the 
ratification  of  this  Constitution,  shall  be  proceeded  upon 
in  the  same  manner  as  if  this  Constitution  had  not  been 
ratified. 

Third — That  all  the  executive  and  judicial  officers, 
and  all  other  officers  in  this  State,  who  were  elected  at 
the  elections  held  in  this  State  on  the  first  Monday  in 
August,  in  the  years  1898  and  1900,  or  who  have  been  ap- 
pointed since  that  time,  and  all  members  of  the  present 
General  Assembly,  and  all  who  may  hereafter  be  elected 
members  of  the  present  General  Assembly,  and  all  other 
officers  holding  office  at  the  time  of  the  ratification  of 
this  Constitution,  except  as  otherwise  provided  in  this 
Constitution,  shall  continue  in  office  and  exercise  the 
duties  thereof  until  their  respective  terms  shall  expire, 
as  provided  by  the  Constitution  of  1875,  or  the  laws  of 
this  State. 

Fourth — This  Constitution  shall  be  sul)mitted  to  the 
qualified  electors  of  this  State  for  ratification  or  re- 
jection, as  authorized  and  required  by  an  act  of  the  Gen- 
eral Assembly  of  this  State,  entitled  "an  act  to  provide 
for  holding  a  Convention  to  revise  and  amend  the  Con- 
stitution of  this  State,"  approved  the  11th  day  of  De- 
cember, 1900.       ♦- 


Constitutional  Convention.  1633 

Fifth — That  instead  of  the  publication  as  required  by 
the  act  to  provide  for  holding  a  convention  to  revise  and 
amend  the  Constitution,  approved  December  11,  1900, 
the  Governor  of  this  State  is  lierebj^  authorized  to  take 
sucli  steps  as  will  give  general  publicity  and  circulation 
to  this  Constitution  in  a  manner  as  economical  as  prac- 
ticable. 

Sixth— The  salaries  of  the  Executive  and  Judicial 
and  all  other  officers  of  this  State  who  may  be 
holding  office  at  the  time  of  the  ratification  of  this  Con- 
stitution, and  the  pay  of  the  present  members  of  the 
General  Assembly,  shall  not  be  affected  by  the  provisions 
of  this  Constitution. 

Mr.  Williams,  of  Barbour,  offered  the  following 
amendment  to  paragraph  4  of  the  Schedule,  which  was 
adopted: 

Amend  the  fourth  paragraph  of  the  Schedule  by  strik- 
ing out  the  period  at  the  end  thereof,  and  inserting  a 
comma  in  lieu  thereof;  and  by  adding  immediately  there- 
after the  following:  ''And  no  elector  shall  be  deprived 
of  his  right  to  vote  at  the  election  to  be  held  for  such 
purpose  by  reason  of  his  not  being  registered." 

Mr.  Craig  offered  the  following  amendment  to  Sec- 
tion 3  of  the  Schedule : 

Amend  Section  3  by  adding  to  the  end  thereof  the  fol- 
lowing words:  "All  laws  and  parts  of  laws  inconsistent 
with  this  section  are  hereby  repealed." 

On  motion  of  Mr.  Beddow  the  amendment  was  laid 
upon  the  table. 

Mr.  Coleman,  of  Greene,  offered  the  following  amend- 
ment to  Section  4  of  the  Schedule : 

"That  he  be  a  qualified  voter,  or  become  such,  as  pro- 
vided by  existing  law." 

On  motion  of  Mr,  White  the  amendment  was  laid  upon 
the  table. 

Mr.  Sanford  offered  the  following  amendment  to  Sec- 
tion 5  of  the  Schedule : 

Amend  Section  5  by  adding  the  following: 

But  such  election  upon  the  ratification  of  the  Con- 
stitution shall  not  be  held  in  less  than  thirty  days  fi'om 

103 


1634 


Journal  of  Alabama 


the  date  of  the  proclamation  of  the  Governor. 

On  motion  of  Mr.  Barefield  the  amendment  was  laid 
upon  the  table. 

Mr.  Burns  offered  the  following  amendment  to  the 
Schedule : 

Nothing  in  this  Constitution  shall  he  construed  as  en- 
larging or  increasing  the  powers  of  any  corporation ;  or 
of  diminishing  the  authority  of  any  railroad  commission. 

On  motion  of  Mr.  Williams  of  Barbour,  the  amend- 
ment was  laid  upon  the  table. 

Mr.  Boone  offered  the  following  amendment  to  Section 
1  of  the  Schedule,  which  was  adopted : 

Amend  Section  1  of  Schedule  by  inserting  in  the  sixth 
line,  between  the  words  "counties,  individuals,"  the 
words  "municipal  corporations." 

On  motion  the  Schedule  was  adopted  as  amended. 

ADOPTION  OP  THE  CONSTITUTION. 

On  motion  of  Mr.  Pillans  the  Constitution  was  adopted 
as  a  whole :  Yeas,  98 ;  nays,  10. 


YEAS. 


Messrs.  President, 
Altman, 
Ashcraft, 
Barefield, 
Beavers, 
Bethune, 
Blackwell, 
Boone, 
Burns, 
Cardon, 

Carmichael  (Colbert), 
Case, 
Chapman, 
Cobb, 

Coleman  (Greene), 
.Coleman  (Walker), 
Craig, 

Cunningham, 
Davis  (beKalb), 


Davis  ( Etowah  )y 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Ferguson, 

Fletcher, 

Foster, 

Graham  (Montgomery),. 

Graham  ( Talladega ) . 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

naley, 

Heflin  (Chambers), 

Heflin  (I^andolph), 

Henderson, 


Constitutional  Convention. 


1635 


Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Knight, 

Kyle, 

Ledbetter, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Mai  one, 

Martin, 

Merrill, 

Moody, 

Mnlkey, 

Murpliree, 

Norman, 

O'Neal  (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 


O'Rear, 
Palmer, 

Parker  (Cullman), 
Pearce, 
Pettus, 
Pi  Hans, 
Proctor, 
Keese, 

Reynolds   ( Henry ) , 
Rogers  (Lowndes), 
Rogers  (Sumter), 
Sam  ford, 
Sanders, 
Selheimer, 
Sentell, 

Smith  (Mobile), 
Smith,  Mac.  A., 
Spragins, 
Stewart, 
Tayloe, 
Waddell, 
Walker, 
Watts, 
Weakley, 
Weatherly, 
Whiteside, 

Williams  (Barbour), 
Williams  (Marengo), 
Williams  (Elmore), 
Winn— 98. 


NAYS. 


Messrs.  Bartlett, 

Beddow, 

Byars, 

Cofer, 

Foshee, 


Phillips, 
Porter, 
•  Spears, 
Studdard, 
White— 10. 


1636  Journal  of  Alabama 

regular  order. 

The  Convention  proceeded  to  the  consideration  of  the 
regular  order,  which  was  ordinance  459. 

The  ordinance  459  was  read  at  length  as  follows,  and 
adopted :  Yeas,  91 ;  nays,  0. 

An  ordinance  to  appropriate  $143.75  for  the  payment 
of  C.  B.  Brown  and  the  Alabama  Printing  Company  for 
services  performed  for  the  State  of  Alabama  for  the  use 
of  the  Constitutional  Convention. 

Section  1.  Be  it  ordained  by  the  people  of  Alabama 
in  Convention  assembled,  That  there  be  and  is  hereby  ap- 
propriated out  of  any  moneys  in  the  State  Treasury  not 
otherwise  appropriated,  the  sum  of  5{?143.75  to  be  paid 
the  Alabama  Printing  Company  and  C.  B.  Brown  for 
services  performed  for  the  State  of  Alabama  for  use  of 
this  Convention  as  follows : 

Sec.  2.  The  State  Auditor  is  hereby  directed  to  draw 
his  warrant  on  the  State  Treasurer  in  favor  of  C.  B. 
Brown  for  the  sum  of  |30  for  typewriting  done  by  him 
for  the  Committee  on  Order,  Consistency  and  Harmony 
of  the  Whole  Constitution,  and  he,  said  Auditor,  is  also 
directed  to  draw  his  warrant  on  the  State  Treasurer  in 
favor  of  the  Alabama  Printing  Company  for  the  sum 
of  1113.75  for  printing  300  eopies  of  the  report  of  said 
committee  for  the  use  of  this  Convention. 

YEAS. 

Messrs.  President,  Browne, 

Altman,  Burns, 

Ashcraft,  Byars, 

Banks,  Cardon, 

Barefield,  Carmichael  (Colbert), 

Bartlett,  Carnathon, 

Beavers,  Case, 

Beddow,  Chapman, 

Bethune,  Cobb, 

Blackwell,  Coleman  (Greene), 

Boone,  Coleman  (Walker), 

Brooks,  Craig, 


Constitutional  Convention. 


1637 


Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eyster, 

Ferguson, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graliaiu  (Montgomery), 

Grant, 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Heflin  (Chambers), 

Heflin  (Randolph), 

Hodges, 

Hood, 

Howell, 

Howze, 

In  go, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kniaht, 

Kyle, 

Ledbetter, 

Long  (Walker), 


Lowe  (Lawrence), 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

M  alone, 

Martin, 

Merrill, 

Miller  (Marengo), 

Miller  ( Wilcox j, 

Moody, 

IMurphree, 

O'Neal  (Lauderdale), 

O'Neill,  (Jefferson), 

Opp, 

O'Kear, 

Palmer, 

Parker  (Cullman), 

Pnrker  (Elmore), 

Pettus, 

Proctor, 

Reynolds  (Henry), 

Rogers  (Sumter), 

Samford, 

Sanders, 

Sollie, 

Spears, 

Spragins, 

Stewart, 

Waddell, 

Walker, 

White, 

Williams  (Barbour), 

Williams  (]Marengo), 

Williams  (Elmore)— 91. 


ADJOURNMENT. 


On  motion  of  Mr.  Blackwell  the  Convention  adjourned 
until  12  o'clock  m.  Mondav. 


1638  Journal  of  Alabama 

EIGHTY-FIRST  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Monday,  September  2,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by   Eev.    Mr.    Bancroft   ol    We- 
tumpka. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constitute  a 
quorum : 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Bartlett, 

Beavers, 

Beddow, 

Bethune, 

Blackwell, 

Boone, 

Brooks, 

Bulger, 

Burnett, 

Burns, 

Byars, 

Cardon, 

Carmichael  (Colbert), 

Carmichael  (Coffee), 

Carnathon, 

Chapman, 

Cobb, 

Cofer, 

Coleman  (Walker), 

Craig, 

Davis  (DeKalb), 


Dent, 

deGraffenried, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

I'letcher, 

l-'oshee, 

Foster, 

Freejuan, 

Gil  more, 

(i  lover, 

Gi'aham  (Montgomery), 

( I raham  ( Talladega ) , 

Grant, 

(rravson, 

Haley, 

Harrison, 

lleflin  (Chambers), 

Ileflin  (Randolph), 

llinson, 

Hood, 

Howell,  . 

Inge, 

Jackson, 

Jenkins, 


Constitutional  Convention. 


1639 


Jones  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Ledbetter, 

Leigh, 

Locklin, 

Lomax, 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Merrill, 

Miller   ( INIarengo ) , 

Miller   (Wilcox), 

Moody, 

Mulkey, 

Murphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'lJear, 

Palmer, 

Parker  (Cnllman), 

Parker  (Elmore), 

Pearce, 


Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Reese, 

Renfro, 

Reynolds  (Chilton), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Searcy, 

Sellieimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Sollie, 

Spears, 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Wnridell, 

Walker, 

Watts, 

Weakley, 

Weatherly. 

Whiteside, 

Williams  ( Barbour) , 

Williams  (Marengo), 

Wilson  (Clarke), 

Winn— 125. 


LEAVE  OF  ABSENCE 


Was  granted  to  Messrs.  White,  Reynolds  of  Henry, 
Coleman  of  Greene  for  to-day;  Willett  indefinitely  on 
account  of  sickness. 


1640  Journal  of  Alabama 

report  of  the  committee  on  the  journal. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in : 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the 
eightieth  day  of  the  Convention,  and  that  the  same  is 
correct. 

Respectfull}^  submitted, 

John  F.  Proctor^  Chairman. 

RECORD  OF  VOTE. 

Mr.  Espy  arose  and  stated  that  he  was  away  when  the 
vote  was  taken  on  the  adoption  of  the  Constitution,  and 
if  he  had  been  present  he  would  have  voted  for  its 
adoption. 

QUESTION   OF   PERSONAL  PRIVILEGE. 

Messrs.  Case,  Harrison,  Craig  and  Burns  arose  to 
questions  of  personal  privilege,  and  proceeded  to  state 
their  questions  of  personal  privilege. 

ORDINANCES  ON  FIRST  READING. 

The  following  ordinances  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees,  as  follows : 

Ordinance  463,  by  Mr.  Carmichael,  of  Colbert : 

To  provide  for  the  payment  of  the  Secretary  of  the 
Convention  and  his  assistants  for  services  to  be  rendered 
after  the  adjournment  of  the  Convention. 

Whereas,  The  Secretary  will  be  unable  to  complete 
the  clerical  work  of  the  Convention  before  adjournment ; 

Therefore,  Be  it  ordaind  by  the  people  of  Alabama  in 
Convention  assembled,  that  the  sum  of  .|200  or  so  much 
thereof  as  may  be  necessary  be  and  tlie  same  is  hereby  ap- 
propriated to  be  paid  to  F.  N.  Juliitu,  Secretary  of  the 
Convention,  for  compensation  for  services  necessary  to 
be  rendered  by  him  and  his  assistants  after  the  adjourn- 


Constitutional  Convention.  1641 

ment  of  the  Convention  in  completing  the  clerical  work 
of  the  Convention. 

Be  it  further  ordained  that  the  Pi*esident  of  the  Con- 
vention is  hereby  authorized  after  the  adjournment  of 
the  Convention  to  certify  the  amount  due  to  said  Secre- 
tary to  the  State  Auditor,  who  shall  draw  his  Avarrant  in 
favor  of  the  said  Secretary  upon  the  State  Treasurer  for 
the  amount  so  certified  by  the  President. 

The  ordinance  Avas  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 

Ordinance  404,  by  Mr.  Carmichael,  of  Colbert : 

To  make  an  appropriation  for  the  compensation  of 
Robert  Chapman,  for  the  enrollment  of  the  proposed 
Constitution. 

Be  it  ordained  by  the  people  of  Alabama  in  Convention 
sembled.  That  the  sum  of  |100  be  and  the  same  is  here- 
by appropriated  to  pay  Eobert  Chapman  for  his  services 
in  enrolling  the  proposed  new  Constitution. 

Be  it  further  ordained,  That  the  President  of  this  Con- 
vention be  and  he  is  hereby  authorized  to  certify  the 
amount  due  said  Robert  Chapman  to  the  Auditor,  who 
shall  draw  his  warrant  upon  the  Treasurer  in  favor  of 
the  said  Robert  Chapman. 

On  motion  of  Mr.  Carmichael  of  Colbert  the  rules 
were  suspended  and  the  above  ordinance  (464)  was- 
adopted:  Yeas,  89;  nays,  6. 

YEAS. 


Messrs.  President, 

Byars, 

Altman, 

Cardon, 

Ash  craft, 

Carmichael   (Colbert), 

Banks, 

Carmicliael  (Coffee), 

Barefield, 

Cai-nathon, 

Beddow, 

Cobb, 

Bethune, 

Coleman  (Walker), 

Blackwell, 

Craig, 

Boone, 

On  vis  (DeKalb), 

Brooks, 

Davis  (Etowah), 

Bulger, 

Dent, 

Burnett, 

deGraffenried, 

Burns, 

1642 


Journal  of  Alabama 


Eley, 

Eyster, 

Espy, 

Fletcher, 

Foshee, 

Gilmore, 

Glover, 

( xraliain  ( Talladega ) , 

Grayson, 

Haley, 

Harrison, 

Heflin  ( Chambers  )j 

Heflin  (Randolph), 

Hinson, 

Hood, 

Howell, 

Inge, 

Jenkins, 

Jones,  (Bibb), 

Jones  (Wilcox), 

Knight, 

Kyle, 

Ledbetter, 

I.eigh, 

Tyong  (Walker), 

Macdonald, 

McMillan  (Wilcox), 

Malone, 

Martin, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 


Moody, 

Murphree, 

Norman, 

Norwood, 

O'Neal  (Lauderdale), 

Opp, 

O'Kear, 

Parker  (Cullman), 

Pcaree, 

J\-t  tus, 

Phillips, 

Pitts, 

IJeese, 

Kenfro, 

Robinson, 

Rogers  (Lowndes), 

Sanders, 

Sanford, 

Searcy, 

Sentell, 

Smith  (Mobile), 

Spears, 

Spragins, 

Thompson, 

Waddell, 

Walker, 

Weatherly, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Wilson  (Clarke), 

Winn— 89. 


Messrs.  Bartlett, 

€ofer, 

Freeman, 


NAYS. 


Porter, 

Reynolds  (Chilton), 

Sloan— 6. 


Constitutional  Convention.  1643 

resolutions  on  first  reading. 

The  following  resolutions  were  introduced,  severally 
read  one  time  at  length,  and  referred  to  appropriate 
committees  as  follows : 

Resolution  332,  by  Mr.  Eyster : 

Whereas,  The  people  are  desirous  of  seeing  both  the 
old  and  new  Constitution  for  the  purpose  of  comparison, 
and 

Whereas,  The  princii)al  cause  of  dissatisfaction  in 
some  parts  of  the  State  arises  from  a  lack  of  knowledge 
of  the  difference  between  the  two  instruments,  and  as 
to  which  the  people  desire  means  of  enlightenment]  and 

Whereas,  The  cost  of  printing  100,000  copies  would  be 
only  about  20  per  cent,  more  than  printing  .50,000  copies. 

Therefore,  Be  it  resolved.  That  all  resolutions  passed 
by  this  Convention  in  regard  to  printing  the  new  Con- 
stitution l)e  and  the  same  are  hereby  repealed. 

Resolved  further.  That  the  President  and  Secretary  be 
and  the}'  are  hereb}'  instructed  to  have  printed  for  dis- 
tribution 100,000  copies  of  the  new  and  old  Constitution, 
in  parallel  columns  in  addition  to  the  publication  pro- 
vided for  in  the  act  calling  this  Convention.  A  sufficient 
sum  of  money  not  otherwise  appropriated,  is  hereby  ap- 
propriated to  cover  the  cost  of  said  printing,  etc. 

The  resolution  was  referred  to  the  Committee  on 
Schedule,  Printing  and  Incidental  Expenses. 

Resolution  333,  by  Mr.  Gates: 

Whereas,  The  prime  object  of  calling  this  Convention 
was  to  elevate  the  electorate  and  secure  honest  elections ; 

And  whereas.  It  is  rumored  and  predicted  that  ballot 
box  stuffing  aud  dishonest  counting  will  be  resorted  to 
in  order  to  secure  the  ratification  of  the  Constitution 
now  completed  and  about  to  be  submitted  to  the  people 
for  ratification,  and 

Wliereas,  A  belief  on  the  part    of    any    considc 
number  of  our  citizens,  though  erroneous,  that  its  rati- 
fication by  such  means  would  cast  a  reflection  upon  the 
reform  above  referred  to;  therefore" 
.  Resolved  by  the  delegates  of  the  people  of  the  State  in 
Convention  assembled,  That  we  recommend  the  election 


1644  Journal  of  Alabama 

officers  of  the  State  to  use  every  means  to  secure  an  hon- 
est and  fair  election,  and  honest  returns  of  all  votes  cast 
for  and  against  the  ratification  of  this  Constitution  : 

Resolved,  That  the  county  officers  whose  duty  it  is  to 
appoint  inspectors  and  clerks  of  the  election,  to  appoint 
at  each  polling  place  wherever  practicable,  one  of  the 
inspectors  and  one  of  the  clerks  who  are  opposed  to  the 
ratification,  and  who  are  white  men  and  can  read  and 
write. 

The  resolution  was  referred  to  the  Committee  on 
Rules. 

Resolution  334,  by  Mr.  Cobb : 

Resolved,  That  on  to-morrow  immediately  after  the 
reading  of  the  Journal,  the  roll  of  the  Convention  of 
those  who  failed  to  answer  to  their  names  on  the  call  for 
the  adoption  of  the  whole  Constitution  be  called  that 
those  absent  delegates  may  have  opportunity  to  record 
their  vote. 

On  motion  of  Mr.  Cobb  the  rules  were  suspended  and 
the  above  resolution  (334)  Avas  adopted. 

REPORT  OF   STANDING   COMMITTEES. 

Mr.  Heflin,  of  Randolph,  chairman  of  the  Committee 
on  Schedule,  Printing  and  Incidental  Expenses,  called 
up  for  adoption  report  No.  34 : 

The  report  was  read  at  length  as  follows : 
Mr.  President : 

The  Committee  on  Schedule,  Printing  and  Incidental 
Expenses  has  instructed  me  to  make  tlie  following  par- 
tial L'eport,  viz : 

The  committee  has  audited  the  accounts  hereto  at- 
tached, and  finds  that  the  State  of  Alabama  is  charged 
by  parties  named  in  this  report  the  amounts  set  opposite 
their  names,  for  articles  furnished  said  State  for  use 
of  Constitutional  Convention,  all  of  said  accounts  are 
itemized,  as  shown  l)y  bills  hereto  attached. 

We  find  said  State  of  Alabama  charged  by  D.  F.  Gror- 
rie  of  Montgomery,  Ala.,  |22.50. 

We  find  said  State  charged  by  Jos.  S.  AVing  of  Mont- 
gomery, Ala.,  112.00. 


Constitutional  Convention.  1645 

We  find  said  State  charged  by  Teiinille  Furniture  Co., 
of  Montgomery,  Ala.,  |44.70. 

We  find  said  tState  charged  by  B.  AVollT  of  IMontgom- 
ery,  Ala.,  112.75. 

We  find  said  State  charged  by  John  L.  Cobbs  &  Co., 
of  Montgomery,  Ala.,  |29 .  15. 

AVe  find  said  State  charged  by  A^'olf  &  Loeb,  of  Mont- 
gomery, Ala.,  |28.50. 

We  find  said  State  charged  by  Ellis  &  Gay,  of  Mont- 
gomery, Ala.,  118.00. 

Your  committee  has  carefully  examined  each  account, 
and  after  a  careful  examination  of  each  item  named  in 
said  account,  have  come  to  the  conclusion  that  many  of 
tlie  charges  are  excessive,  and  we  recommend  that  tlie 
following  named  parties  or  firms  be  paid  the  following 
amounts : 

D.  F.  Gorrie,  |17.50. 

Joseph  S.  Wing,  |28.50. 

Tennille  Furniture  Company,  |12 .  00 . 

B.  Woltf,  111.00. 

John  L .  Cobbs  &  Co . ,  |20 .  00 . 

Wollf&  Loeb,  125.00. 

Ellis  &  Gay,  |10.00. 

Miss  Mamie  Offutt,  $8.00. 

All  of  whicli  is  respectfully  submitted, 

John  T.  IIeflin, 

Chairman  Committee  on  Schedule,  Printing  and  In- 
cidental Expenses. 

Mr.  Heflin,  of  Randolph,  chairman  of  the  committee, 
offered  the  following  amendment  to  the  report: 

Amend  the  report  of  the  committee  by  inserting  the 
following :  "John  L.  Cobb  &  Co.,  |29 .  15,"  in  lieu  of  "John 
L.  Cobb  &  Co.,  120.00;  Ellis  &  Gray,  |18.00  in  lieu  of 
Ellis  &  Gray,  flO.OO." 

Mr.  deGraffenried  offered  the  following  amendment 
to  the  amendment  offered  by  Mr.  Heflin  of  Rnndolph  : 

Amend  the  report  by  striking  from  the  report  all  of 
the  report  after  the  figures  "|8.00"  and  insert  in  lieu 
thereof  the  following :  "It  is  recommended  that  the  above 
amounts  be  paid." 


1646 


Journal  of  Alabama 


On  motion  of  Mr.  Heflin  of  Randolph  the  amendment 
offered  bj  Mr.  deGraffenried  was  laid  upon  the  table. 

The  amendment  offered  by  Mr.  Heflin  of  Randolph 
was  adopted. 

Mr.  O'Neal  of  Lauderdale  moved  to  table  the  report 
as  amended. 

The  motion  was  lost. 
•  The  question  recurred  upon  the  adoption  of  the  report 
as  amended. 

The  report  as  amended  was  adopted :  Yeas,  82 ;  nays, 
22. 


YEAS. 


Messrs.  President, 

Graham  (Talladega), 

Altman, 

Grant, 

Ashcraft, 

Haley, 

Barefleld, 

Harrison, 

Beavers, 

Heflin  (Chambers), 

Beddow, 

Heflin  (Randolph), 

Bethune, 

Hinson, 

Brooks, 

Inge, 

Bulger, 

Jackson, 

Burnett, 

Jenkins, 

Burns, 

Jones  (Bibb), 

Byars, 

Jones  (Wilcox), 

Cardon, 

Kirkland, 

Carmichael 

(Colbert), 

Knight, 

Carmichael 

(Coffee), 

Leigh, 

Carnathon, 

Lomax, 

Cofer, 

Lowe  (Lawrence), 

Coleman  (Walker), 

McMillan  (Baldwin), 

Davis  (DeKalb), 

Merrill, 

Davis  (Etowah), 

Miller  (Wilcox), 

Dent, 

Murphree, 

Eley, 

Norwood, 

Evster, 

Gates, 

Pitts, 

O'Neal  (Lauderdale), 

Pletcher, 

Opp, 

Poshee, 

O'Rear, 

Preeman, 

Parker  (Cullman), 

Glover, 

Parker  (Elmore), 

Constitutional  Convention. 


1647 


Pearce, 

Pettiis, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Renfro, 

Keynolds  (Chilton), 

Robinson, 

I\oj;ers   (J^owndes), 

Sanders, 

Sloan, 

Smith  (Mobile), 


Smith,  Mac.  A., 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe, 

Thompson, 

Vaughan, 

Walker, 

AVeakley, 

Weatherly, 

Whiteside, 

Wilson  (Clarke) 


-82. 


NAYS. 


Messrs.  Banks, 

Bartlett, 

Blaekwell, 

Chapman, 

Cobb, 

deGraffenried, 

Gilmore, 

Graham  (Montgomery), 

Grayson, 

Hood, 

Ledbetter, 


Long  (Walker), 

Macdonald, 

McMillan  (Wilcox), 

Martin, 

Miller  (Marengo), 

Mnlkey, 

NeSmith, 

Rogers  (Sumter), 

Sanford, 

Sollie, 

Williams  Barbour) — ^22. 


Mr.  Spraggins,  acting  chairman  of  the  Committee  on 
Oredr,  Consistency  and  Harmony  of  the  Whole  Consti- 
tution, submitted  the  following  report,  which  was  con- 
curred in : 
Mr.  President: 

The  Committee  on  Order,  Consistency  and  Harmony 
of  the  Whole  Constitution  beg  leave  to  report  that  ordi- 
nance No.  412,  as  to  funding  the  bonded  indebtedness 
of  the  State  is  in  the  hands  of  a  subcommittee  to  be  re- 
written, and  that  it  will  not  "be  ready  to  be  reported  to 
the  Convention  at  the  morning  session. 

Your  committee  beg  leave  further  to  say  that  the  St. 
Clair  and  Shelby  county  ordinance  is  in  the  hands  of  the 


1648  Journal  of  Alabama 

Engrossing  and  Enrolling  clerk,  and  your  committee  is 
unable  to  report  back  that  ordinance  at  this  session. 

Your  committee  further  reports  at  the  instance  and 
request  of  the  Enrolling  Committee  that  the  original 
parchment  draft  of  the  whole  Constitution  will  not  be 
ready  to  be  submitted  to  the  Convention  until  9  o'clock 
to-morrow  morning. 

Robert  E.  Spragins^  Acting  Chairman. 

RECESS. 

The  hour  of  1  o'clock  having  arrived,  under  the  rules 
the  Convention  recessed  until  3  :30  this  afternoon. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjournment. 

ROLL  CALL. 

On  a  call  of  the  roll  of  the  Convention  the  following 
delegates  answered  to  their  names,  which  constituted  a 
quorum  : 

Messrs.  President,  Cbnpman, 

Altman,  Cobb, 

Banks,  Coleman  (Walker), 

Rarefield,  <^raig, 

Bartlett,  Davis  (Etowah), 

Beavers,  Dent, 

Beddow,  rleGraffenried, 

Blackwell,  Eley, 

Boone,  Evster, 

Brooks,  Espy, 

Bulger,  Fitts, 

Burns,  Fletcher, 

Byars,  Foster, 

Carraichael  (Colbert),  Freeman, 

Carmichael  (Coffee),  Cilmore, 

Carnathon,  Clover, 

Cgse,  Craham  (Talladega), 


Constitutional  Convention, 


1649 


Grayson, 

Palmer, 

Haley, 

Parker  (Cullman), 

Harrison, 

Parker  (Elmore), 

lleflin  (Randolph), 

Pettus, 

Hinson, 

Phillips, 

rioud 

Pillans, 

Howze, 

Pitts, 

Inge, 

Porter, 

Jenkins, 

Ueese, 

Jones  (Bibb), 

Kenfro, 

Jones  (Wilcox), 

Reynolds  (Chilton), 

Kirk. 

Rogers  (Lowndes), 

Kirkland, 

Sanders, 

Knio'ht, 

Selheimer, 

Kyle, 

Smith  (Mobile), 

Ledbetter, 

Smith,  Mac.  A., 

Leigh, 

Spears, 

Long  (Walker), 

Spragins, 

Lowe  (Lawrence), 

Stewart, 

McMillan  (Baldwin), 

Tayloe, 

McMillan  (Wilcox), 

Thompson, 

Malone, 

Vaughan, 

Martin, 

Wad^dell, 

Merrill, 

Walker, 

Miller  (Marengo), 

W^atts, 

Murphree, 

Weakley, 

l^orman, 

Weatherly, 

Norwood, 

Whiteside, 

NeSmith, 

AVilliams  (Marengo), 

Norman, 

Wilson  (Clarke) 

Oates, 

Winn— 96. 

O'Rear, 

EEPORT  OP   THE   COMMITTEE   ON   ORDER,   CONSISTENCY   AND 
HARMONY  OF  THE  WHOLE  CONSTITUTION. 

Mr.  Spragins,  acting  chairman  of  the  Committee  on 
Order.  Consistency  and  Harmony  of  the  Whole  Constitu- 
tion, offered  the  following  amendment  to  constitute  a 
new  section  to  the  Article  on  ]\riscellaneous  Provisions, 
which  was  adopted  by  unanimous  consent : 

The  amendment  was  read  at  length  as  follows : 

104 


1650  Journal  of  Alabama 

Sec.  283.  The  act  of  the  General  Assembly  of  Alabama 
entitled  "An  act  to  consolidate  and  adjust  the  bonded 
debt  of  the  State  of  Alabama,"  approved  Feb.  18,  1895, 
and  an  act  amendatory  thereof  entitled  "An  act  to  amend 
Section  6  of  an  act  to  consolidate  and  adjust  the  bonded 
debt  of  the  State  of  Alabama,  approved  Feb.  18,  1895," 
which  said  last  named  act  was  approved  Feb.  16,  1899, 
are  hereby  made  valid,  and  both  of  said  acts  shall  have 
the  full  force  and  effect  of  law,  except  in  so  far  as  they 
authorize  the  redemption  before  maturity  of  the  bonds 
authorized  by  said  acts  to  be  issued.  The  Governor  is 
authorized  and  empowered  to  act  under  the  same  and  to 
carry  out  all  of  the  provisions  thereof;  provided,  that 
the  bonds  authorized  to  be  issued  by  said  acts  and  issued 
thereunder  may  be  made  payable  at  any  time,  not  exceed- 
ing fifty  years  from  the  date  thereof,  and  shall  not  be 
redeemable  until  their  maturity. 

REPORT  OF  STANDING  COMMITTEES. 

Mr.  Smith,  of  Mobile,  acting  chairman  of  the  Com- 
mitte  on  Rules,  reported  favorably  resolution  230,  which 
was  read  at  length  as  follows,  and  adopted : 

Eesolution  230,  by  Mr.  Harrison: 

Eesolved,  That  the  Secretary  of  this  Convention  be 
and  he  is  hereby  instructed  to  deposit  report  and  index 
of  the  Convention  in  the  libraries  of  the  following  insti- 
tutions in  this  State,  to-wit:  One  at  the  University  of 
Alabama,  one  at  the  Alabama  Polytechnic  Institute,  one 
at  the  Southern  University,  one  at  Howard  College,  one 
at  Spring  Hill  College,  and  one  at  the  Normal  College  at 
Florence;  and  the  Girls'  Industrial  School  at  Monte- 
vallo,  and  also  at  the  Normal  College  at  Troy. 

Mr.  Smith,  of  Mobile,  chairman  of  the  Committee  on 
Judiciary,  reported  adversely  ordinance  460,  which  was 
laid  upon  the  table. 

Mr.  Spragins,  acting  chairman  of  the  Committee  on 
Order,  Consistency  and  Harmony  of  the  Constitution, 
submitted  the  following  amendment,  whicli  was  adopted 
by  unanimous  consent : 

The  amendment  was  read  at  length  as  follows : 


Constitutional  Convention.  1651 

The  Committee  on  Order,  Consistency  and  Harmony 
of  the  Constitution  recommend  tliat  ordinance  390  here- 
tofore adopted  by  this  Convention  he  amended  as  fol- 
lows : 

Strike  from  the  last  line  on  page  1  and  the  first  line 
on  page  2  of  said  ordinance  the  following  words:  "That 
portion  of  said  St.  Clair  county  which  lies  south  and 
southeast  of  Back  Bone  Mountain,"  and  insert  where 
said  words  occur,  the  following :  "The  above  mentioned 
precincts  of  St.  Clair  county."  Also  strike  from  the 
fourth  and  fifth  line  from  the  bottom  of  the  third  page 
of  said  ordinance  the  following  words  :  "Court  house  or.'^ 
Also  strike  from  said  ordinance  the  following  figures :  "8, 
9  and  13,"  wherever  they  ocur  in  said  ordinance  as  re- 
lating to  Shelby  county.  Also  strike  from  the  seventh, 
eighth  and  ninth  lines,  page  2,  the  following  words :  "that 
part  of  St.  Clair  county  which  lies  north  and  northwest 
of  said  Back  Bone  Mountain,"  and  insert  in  lieu  thereof 
the  folloAving:  "Said  St.  Clair  county  outside  of  the 
above  named  beats." 

KOBERT  E.  Spragins,  Acting  Chairman. 

Mr.  Spragins,  acting  chairman  of  the  Committee  on 
Order,  Consistency  and  Harmony  of  the  Whole  Consti- 
tution, also  submitted  the  following  report,  which  was 
concurred  in : 

Mr.  President: 

The  Committee  on  Order,  Consistency  and  Harmony 
herewith  return  ordinance  412,  to  which  the  same  a ; 
engrossed  was  referred,  with  the  recommendation  that 
the  same  be  amended  as  indicated  by  this  committee.  The 
ordinance  as  recommended  to  be  amended  is  hereto  at- 
tached and  made  a  part  of  this  report. 
Robert  E.  Spragins^  Acting  Chairman. 

Ordinance  412 : 

An  ordinance  relating  to  the  bonded  indebtedness  of 
the  State. 

Be  it  ordained  by  the  people  of  the  State  of  Alabama 
in  Convention  assembled : 


1652  Journal  of  Alabama 

Section  1.  That  an  act  of  the  General  Assembly  of 
Alabama  entitled  ''An  act  to  consolidate  and  adjust  tlie 
bonded  debt  of  the  State  of  Alabama,''  approved  Febru- 
ary IStli,  1895,  and  an  act  amendatory  thereto  entitled 
"An  act  to  amend  Section  6  of  an  act  to  consolidate  and 
adjust  the  bonded  debt  of  the  State  of  Alabama,"  ap- 
proved February  18,  1895,  which  said  last  named  act 
was  ajjproved  February  16,  1899,  be  and  the  same  are 
iereby  made  valid,  and  both  of  said  acts  shall  have  the 
full  force  and  effect  of  law.  The  Governor  is  authorized 
and  empowered  to  act  under  the  same  and  to  carry  out 
the  provisions  thereof,  provided  that  the  bonds  men- 
tioned in  said  act  and  issued  thereunder  may  be  made 
payable  at  any  time,  not  exceeding  fifty  years  from  the 
date  thereof,  and  shall  not  be  redeemable  until  their  ma- 
turity. 

Sec.  2.  Be  it  further  ordained  that  this  ordinance 
vShall  take  effect  from  and  after  its  passage. 

RECONSIDERATION. 

Mr.  Gilmore  moved  to  reconsider  the  vote  whereby  the 
report  of  the  Committee  on  Schedule,  Printing  and  In- 
cidental Expenses  was  adopted  on  yesterday,  and  moved 
that  the  rules  be  suspended  in  order  that  the  motion 
might  be  considered  at  once. 

The  motion  to  suspend  the  rules  was  lost,  and  the 
motion  to  reconsider  goes  over  until  to-morrow. 

REPORT  OF  THE  COMMITTEE  ON   SCHEDULE,   PRINTING   AND 
INCIDENTAL  EXPENSES. 

Mr.  Heflin,  of  Randolph,  chairman  of  the  Committee 
on  Schedule,  Printing  and  Incidental  Expenses,  sub- 
mitted the  following  report,  which  was  laid  upon  the 
table,  to  be  considered  to-morrow : 

Mr.  President'. 

The  Committee  on  Schedule,  Printing  and  Incidental 
Expenses  has  instructed  me  to  make  this,  our  final,  re- 
port : 


Constitutional  Convention.  1653 

The  committee  has  carefully  considered  all  ordinances, 
resolutions,  accounts  and  petitions  which  were  referred 
to  said  committee,  most  of  said  accounts  were  allowed, 
some  were  scaled,  and  few  Avere  not  allowed.  We  here- 
with return  to  the  Convention  all  ordinances,  resolu- 
tions, petitions,  etc.,  that  were  referred  to  said  com- 
mittee. 

The  committee  has  audited  the  accounts  hereto  at- 
tached, and  finds  that  the  State  of  Alabama  is  indebted 
to  Marshall  &  Bruce,  of  Nashville,  Tenn.,  in  the  sum  of 
17.00. 

We  find  that  said  State  is  indebted  to  the  Brown 
Printinji'  Co.,  of  Montgomery,  Ala.,  in  the  sum  of  |207.50. 

We  find  that  said  State  is  indebted  to  the  Ed.  C.  Fow- 
ler Co.,  of  Montgomery,  Ala,,  in  the  sum  of  |64.40. 

We  find  that  said  State  is  indebted  to  the  Montgomery- 
Advertiser,  of  Montgomery,  Ala.,  in  the  sum  of  |.75. 

We  fiud  that  aaid  State  is  indebied  to  Robert  Hasson, 
doorkeeper,  in  the  sum  of  |6.10. 

We  find  the  said  State  is  indebted  to  Jos.  S.  Wing, 
of  Montgomery,  Ala.,  in  the  sum  of  |6.70. 

All  of  the  above  amounts  are  for  printing  done,  and 
for  articles  furnished  the  State  of  Alabama  for  use  of 
the  Constitutional  Convention,  and  all  of  the  above 
accounts  are  itemized  as  shown  by  bills  hereto  attached. 
Total  amount  $292. 45,  and  we  recommend  the  payment 
of  the  same,  all  of  which  is  respectfully  submitted, 

John  T.  Heflin^  Chairman. 

Mr.  Heflin,  of  Randolph,  also  reported  favorably  reso- 
lution 301,  with  an  amendment. 

The  resolution  was  read  at  length  as  follows: 

Resolution  301,  by  Mr.  Rogers,  of  Lowndes : 

Resolved,  That  after  this  Convention  has  adopted  this 
Constitution  that  5,000  copies  of  it  be  printed  in  pamph- 
let form,  for  distribution  throughout  the  State,  and  that 
six  copies  be  sent  to  each  member  by  the  Secretary  of  the 
Convention;  that  the  Committee  on  Printing  be  in- 
structed to  contract  for  the  printing  and  distribution  of 
the  same,  and  report  to  the  Convenion  the  cost  of  the 
same. 

The  amendment  was  read  at  length  as  follows: 


1654  Journal  of  Alabama 

Amend  resolution  by  inserting  50,000  in  lieu  of  5,000, 
and  insert  200  in  lieu  of  six. 

Mr.  Eyster  offered  the  following  substitute  for  the 
resolution  and  amendment : 

Whereas,  the  people  are  desirous  of  seeing  both  the 
old  and  new  Constitution  for  the  purpose  of  compari- 
son; and 

Whereas,  The  principal  cause  of  dissatisfaction  in 
some  parts  of  the  State  arises  from  a  lack  of  knowledge 
of  the  differences  between  the  two  instruments,  and  as 
to  which  the  people  desire  means  of  enlightenment,  and 

Whereas,  The  cost  of  printing  100,000  copies  would 
be  only  about  20  per  cent,  more  than  printing  50,000 
copies ; 

Therefore,  be  it  resolved,  That  all  resolutions  hereto- 
fore passed  by  this  Convention  in  regard  to  printing  the 
new  Constitution  be  and  the  same  are  hereby  repealed ; 

Eesolved  further,  That  the  President  and  Secretary  be 
and  they  are  hereby  instructed  to  have  printed  for  dis- 
tributiou  100,000  copies  of  the  new  and  the  old  Constitu- 
tion, in  parallel  columns,  in  addition  to  the  publication 
provided  for  in  the  act  calling  this  Convention.  A  suffi- 
cient sum  of  money  not  otherwise  appropriated,  is  here- 
by appropriated  to  cover  the  cost  of  said  printing,  etc. 

On  motion  of  Mr.  Heflin  of  Randolph,  the  substitute 
offered  by  Mr.  E^^ster  was  laid  upon  the  table. 

On  motion  of  Mr.  Rogers  of  Sumter  the  resolution 
and  amendment  were  laid  upon  the  table. 

PRIVILEGES  OF  THE  FLOOR. 

On  motion  the  privileges  of  tlie  floor  were  extended  to 
Hons.  L.  P.  Troup  and  John  W.  Inzer. 

ADJOURNMENT. 

On  motion  of  Mr.  BarefieUl  tlie  Convention  adjourned 
until  9  o'clock  to-morrow  morninir. 


Constitutional  Convention.  1655 

EIGHTY-SECOND  DAY. 

Convention  Hall. 

Montgomery,  Ala.,  Tuesday,  September  3,  1901. 

The  Convention  met  pursuant  to  adjournment. 
Prayer  was  offered  by  Rev.  Mr.  Marshal  of  the  city. 


ROLL  CALL. 


On  a  call  of  the  roll 
delegates  answered  to 
a  quorum : 
Messrs.  President, 
Almon, 
Altman, 
Ashcraft, 
Banks, 
Barefield, 
Bartlett, 
Beavers, 
Beddow, 
Bethune, 
Blackwell, 
Boone, 
Brooks, 
Browne, 
Bulger, 
Burnett, 
Burns, 
Byars, 
Cardon, 

Carmichael  (Colbert), 
Carmiehael  (Coffee), 
Carnathon, 
Case, 
Chapman, 
Cobb, 
Cofer, 
Coleman  (Greene), 


of  the  Convention  the  following 
their  names,  which  constituted 

Coleman  (Walker), 

Craig, 

Cunningham, 

Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster,  •  ■ 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshee, 

Foster, 

Freeman, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 


1656 


Journal  of  Alabama 


Heflin  (Chambers), 

Heflin  (Randolph), 

Hend2rson, 

Hinson, 

Hodges, 

Hood, 

Howell, 

Howze, 

Inge, 

Jackson, 

Jenkins, 

Jones,  (Bibb), 

Jones  (Hale), 

Jones  (Montgomery),. 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 
Ledbetter, 

Leigh, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

:Maxwell, 

Merrill, 

Miller  (Marengo), 

Miller  (Wilcox), 

Moody, 

Mulkey, 

Mnrphree, 

NeSmith, 

Norman, 

Norwood, 

Gates, 


O'Neal   (Lauderdale), 

O'Neill  (Jefferson), 

Opp, 

O'Rear^ 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Phillips, 

Pillans, 

Pitts, 

Porter, 

Proctor, 

Reese, 

Renfro, 

Keynolds  ( Chilton  )> 

Reynolds  (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sam  ford, 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spears, 

Spragins, 

Stewart, 

Studdard, 

Tayloe. 

Thompson, 

Vaughan, 

Waddell, 


Constitutional  Convention.  1657 

Walker,  Williams  (Barbour), 

Watts,  Williams  (Marengo), 

Weakley,  Wilson  (Clarke), 

Weatherly,  Wilson  (Washington), 

White,  A^'iun— 147. 
Whiteside, 

REPORT  OF  THE  COMMITTEE  ON  THE  JOURNAL. 

The  chairman  of  the  Committee  on  the  Journal  sub- 
mitted the  following  report,  which  was  concurred  in: 

The  Committee  on  the  Journal  beg  leave  to  report 
that  they  have  examined  the  Journal  for  the  eightj^-flrst 
day  of  the  Convention,  and  that  the  same  is  correct. 

Respectfully  submitted, 

Massey  Wilson,  Acting  Chainnan. 

RECONSIDERATION. 

Mr.  Gilmore  moved  to  reconsider  the  vote  whereby  the 
report  of  the  Committee  on  Schedule,  Printing  and  In- 
cidental Expenses  was  adopted  on  yesterday. 

Mr.  Heflin  of  Randolph  moved  to  table  the  motion  of 
Mr.  Gilmore. 

The  motion  prevailed,  and  the  motion  to  reconsider 
was  laid  upon  the  table. 

STENOGRAPHIC  REPORT. 

Mr.  Gates  called  the  attention  of  the  Convention  to 
certain  errors  in  the  stenographic  report  of  the  proceed- 
ings of  5'esterday. 

The  report  was  ordered  corrected. 

RESOLUTIONS. 

The  following  resolutions  were  introduced,  the  rules- 
eusiiended,  and  the  resolutions  were  adopted : 

Resolution  335,  by  Mr,  Sanford : 

Resolved,  That  when  the  enrolled  copy  of  the  Consti- 
tution is  ready  for  signature,  the  clerk  shall  call  the 
roll  of  the  members,  who  shall  sign  the  Constitution  irb 
alphabetical  order. 


1658  Journal  of  Alabama  ^ 

Kesolution  336,  by  Mr.  Weatherly : 

Whereas,  The  Hon.  John  B.  Knox  has  presided  over 
the  deliberations  of  this  body  with  untiring  zeal,  with  un- 
failing courtesy,  and  conspicuous  ability;  and 

Whereas,  Both  as  President  and  member  of  this  Con- 
vention he  has,  by  wise  counsel,  and  the  application  of 
statesmanlike  qualities  to  the  work  of  the  Convention, 
most  effectively  aided  in  the  attainment  of  the  object  for 
which  the  Convention  was  called; 

Therefore,  resolved.  That  the  thanks  of  this  Conven- 
tion and  the  delegates  thereof  and  of  the  people  of  Ala- 
bama are  hereby  tendered  to  the  Hon.  John  B.  Knox  for 
his  distinguishd  services  to  the  people  of  Alabama  as 
President  and  member  of  the  Convention ; 

Resolved  further,  That  this  resolution  be  spread  upon 
the  Journal,  and  that  a  specially  engrossed  copy  of  the 
same  be  prepared  by  the  enrolling  clerk  and  be  pre- 
sented to  Mr.  Knox,  as  a  memorial  of  the  high  esteem 
in  which  he  is  held  by  the  delegates  of  this  Convention. 

Kesolution  337,  by  Mr.  Waddell : 

Resolved,  by  the  Constitutional  Convention  of  the 
State  of  Alabama,  That  the  thanks  of  this  Convention  be 
^nd  the  same  are  hereby  tendered  to  the  clerical  force 
of  this  Convention  for  their  prompt  and  efficient  dis- 
charge of  all  duties  incumbent  upon  them; 

Resolved  further.  That  this  resolution  be  spread  upon 
the  Journal  of  this  Convention. 

Resolution  338,  by  Mr,  Lomax : 

Resolved,  That  the  thanks  of  this  Convention  are  due 
and  are  hereby  tendered  to  the  official  stenographer  and 
the  associate  stenographers  for  the  accurate  reports  of 
the  daily  proceedings  of  the  Convention,  and  for  their 
uniform  courtesy  and  kindness  they  have  exhibited 
toward  each  and  every  member  of  the  Convention. 

Resolution  339,  by'Mr.  Howell: 

Resolved,  That  the  sincere  thanks  of  this  Convention 
are  due  and  are  hereby  tendered  to  the  ministers  of  the 
city  for  their  faithful  attendance  and  conducting  re- 
ligious services  at  the  opening  of  the  daily  sessions  of 
this  Convention,  and  that  we  will  carry  to  our  homes 
the  kindest  memories  of  their  devout  prayers  daily  of- 


Constitutional  Convention.  1659 

fered  up  to  the  Great  Dispenser  of  all  blessings  in  our 
behalf. 

Resolution  340,  by  Mr,  Rogers  of  Lowndes : 

Resolved,  That  the  Secretary  of  this  Convention  be 
instructed  to  mail  four  copies  of  the  stenographic  re- 
port of  this  day's  proceedings  of  the  Convention  to  each 
member  of  this  body. 

Resolution  341,  by  Mr.  Watts: 

Be  it  resolved,  That  the  thanks  of  this  Convention  are 
due  and  are  hereby  tendered  to  the  ladies  of  the  White 
House  Association  for  their  attendance  at  all  times  with 
something  to  the  inner  man  upon  the  sittings  of  the  Con- 
vention, for  having  always  ready  that  greatest  comfort 
to  man — the  cigar;  and  most  of  all,  for  the  unvarying 
sweetness,  kindness  and  womanly  conduct  which  has 
marked  their  course. 

Resolved  second.  That  a  copy  hereof  be  spread  upon 
the  minutes  of  this  Convention  and  a  copy  sent  to  the 
Secretary  of  this  Convention  to  the  President  of  the 
White  House  Association. 

Resolution  342,  by  Mr.  Greer,  of  Calhoun : 

Resolved,  That  the  thanks  of  this  Convention  are 
hereby  tendered  to  the  doorkeeper  and  to  the  pages  of 
this  Convention  for  their  efficient  services  during  the 
long  and  arduous  sessions  of  this  Convention. 

Resolution  343,  by  Mr.  Pettus : 

Whereas,  The  Hon.  W.  P.  Herbert,  assistant  secretary 
of  this  Convention,  has,  by  his  courteous  conduct  and 
the  conscientious  discharge  of  his  duties,  won  the  esteem 
of  every  delegate  on  the  floor ;  and 

Whereas,  He  is  entitled  to  the  thanks  of  tliis  Conven- 
tion for  his  faithful  services;  therefore  be  it 

Resolved,  that  this  Convention  recognizes  in  the  Hon. 
W.  P.  Herbert,  assistant  secretary,  a  faithful  and  con- 
scientious official,  and  the  thanks  of  this  Convention  be 
and  the  same  are  hereby  tendered  him  for  his  efficient 
services. 

Resolution  344,  by  IMr.  Harrison: 

Whereas,  A  number  of  the  delegates  to  this  Conven- 
tion are  unavoidably  absent  to-day  and  desire  to  sign 
the  Constitution  as  adopted ;  therefore  be  it 


1660 


Journal  of  Alabama 


Kesolved,  That  the  Secretary  of  the  Convention  be 
authorized  and  instructed  to  allow  any  delegate  who  so 
desires  to  sign  the  same  at  any  time  within  ten  days 
after  adjournment. 

SPECLIL  ORDER. 

Under  the  resolution  adopted  on  yesterday,  the  Con- 
vention proceeded  to  the  consideration  of  the  special 
order,  which  was  the  calling  of  the  names  of  the  dele- 
gates absent  and  not  voting  on  the  adoption  of  the  Con- 
stitution on  last  Saturday. 

The  following  delegates  voted  aye : 


YEAS. 


Messrs.  Aim  on, 

Banks, 

Beddow, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Carmichael  (Coffee), 

Carnathon, 

Espy, 

Fitts, 

Gilmore, 

Glover, 

Handley, 

Harrison, 

Jones  (Hale), 

Kirkland, 

Leigh, 

Lowe  (Lawrence), 


Maxwellj 

Merrill, 

NeSmith, 

Norwood, 

Gates, 

Parker  (Elmore), 

Pitts, 

Kenfro, 

Robinson, 

Sanford, 

S^earcy, 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Thompson, 

Vaughan, 

AVeatherly, 

Wilson  (Clarke), 

Wilson  ( Washington )  — 38. 


The  following  delegates  voted  nay : 

Messrs.  Freeman,  Sloan — 3. 

Reynolds  (Chilton), 

CHANGE  OF  VOTE. 

By  unanimous  consent  Mr.  Beddow  was  allowed  to 
change  his  vote  on  the  adoption  of  the  Constitution  from 
nay  to  aye. 


Constitutional  Convention. 


1661 


PRIVILEGES  OF  THE  FLOOR. 

On  motion  of  Mr.  Barefield  the  privileges  of  the  floor 
were  extended  to  the  State  Democratic  Executive  Com- 
mittee. 

ORDINANCE. 

Mr.  Pitts  introduced  tlie  following  ordinance.  The 
rules  were  suspended  and  the  ordinance  was  adopted: 
Yeas,  125;  naj^s,  0.    • 

Ordinance  465,  by  Mr.  Fitts: 

Be  it  ordained  by  the  people  of  Alabama  in  Conven- 
tion assembled,  That  there  is  hereby  set  aside  and  appro- 
priated out  of  the  money  in  the  State  Treasury  not  other- 
wise appropriated,  the  sum  of  |1,000,  to  be  used  and 
expended  by  the  Governor  or  under  his  direction  in  giv- 
ing publicity  to  the  Constitution  in  order  that  the  peo- 
ple may  intelligently  pass  upon  the  ratification  of  the 
same. 


YEAS. 


"Messrs.  President, 
\ltman. 
Ash  era  ft, 
"Ranks, 
Barefield, 
Reavers, 
Reddow, 
Black  well, 
Roone, 
'"^roolvS, 
Rrmvne, 
BnlcTpr, 
Burnett, 
Rnrns, 

•^ardon. 

Onrmichnel  (Colbert), 

'Tarmichael  (Coffee), 


Carnathon, 
Case, 
Chapman, 
Cobb, 

Coleman  (Greene), 
Cunningham, 
Davis  (DeKalb), 
Davis  (Etowah), 
Dent, 

deGraffenried, 
Duke, 
Eley, 
Evster, 
Espy, 
Ferguson, 
Fitts, 
Fletcher, 
Foshee, 


1662 


Journal  of  Alabama 


Foster, 

Gilmore, 

Glover, 

Graham  (Montgomery), 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflln  (Chambers), 

Heflin  (Randolph), 

Henderson, 

Hinson, 

Hodges, 

Howell, 

luge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Lomax, 

Long  (Walker), 

Lowe  (Jefferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Mai  one, 

]\rartin, 

Merrill, 

^Miller  (Marengo), 

:\ril]er  (Wilcox"), 

Moody, 

Mulkey, 


Murphree, 

NeSmith, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Peltus, 

Pilians, 

Pitts, 

Porter, 

Renfro,  . 

Reynolds  ( Chilton ), 

Reynolds   (Henry), 

Robinson, 

Rogers  (Lowndes), 

Rogers  (Sumter), 

Sanders, 

Sanford, 

Searcy, 

Selheimer, 

Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherlj, 


Constitutional  Convention.  IQQ^ 

Whiteside,  Wilson  (Clarke), 

Williams  (Barbour),  Wilson   (Washington), 

Williams  (Marengo),  Winn — 125. 
Williams  (Elmore), 

REPORT  OF  COMMITTEE  ON  ENROLLMENT. 

Mr.  Carmichael,  of  Colbert,  chairman  of  the  Com- 
mittee on  Enrollment,  submitted  the  following  report, 
which  was  concurred  in : 

Mr.  President : 

The  Committee  on  Enrollment  of  the  Constitution  beg 
leave  to  report  that  the  proposed  Constitution  of  the 
State  of  Alabama  has  been  correctly  and  properly  en- 
rolled, the  same  is  submitted  herewith  for  the  action  of 
the  Convention. 

A.  H.  Carmichael^  Chairman, 

Thereupon  the  Constitution  was  taken  up  and  read  at 
length  as  follows,  and  the  same  was  signed  by  the  Presi- 
dent, and  attested  by  the  Secretary,  and  immediately 
the  roll  of  the  Convention  was  called,  and  the  delegates 
whose  names  appear  upon  the  Constitution  came  for- 
ward and  signed  the  Constitution: 


CONSTITUTION  OP  THE  STATE  OF  ALABAMA. 

1901. 

We,  the  people  of  the  State  of  Alabama,  in  order  ta 
establish  justice,  insure  domestic  tranquillity  and  se- 
cure the  "blessings  of  liberty  to  ourselves  ancl  our  pos- 
terity, invoking  the  favor  and  guidance  of  Almighty  God, 
do  ordain  and  establish  the  following  Constitution  and 
form  of  government  for  the  State  of  Alabama : 


1664  Journal  of  Alabama 

ARTICLE  I. 

DECLARATION  OF  RIGHTS. 

That  the  great,  general  and  essential  principles  of 
liberty  and  free  government  may  be  recognized  and  es- 
tablished, we  declare: 

1.  That  all  men  are  eqnallj^  free  and  independ- 
■ent;  that  they  are  endowed  by  their  Creator  with  cer- 
tan  inalienable  rights;  that  among  these  are  life,  lib- 
erty and  the  pursuit  of  happiness. 

2.  That  all  political  power  is  inherent  in  the  people, 
and  all  free  governments  are  founded  on  their  authority, 
and  instituted  for  their  benefit;  and  that,  therefore, 
they  have  at  all  times  an  inalienable  and  indefeasible 
right  to  change  their  form  of  government  in  such  man- 
ner as  they  may  deem  expedient. 

3.  That  no  religion  shall  be  established  by  law;  that 
no  preference  shall  be  given  by  law  to  any  religious  sect, 
society,  denomination  or  mode  of  worship;  that  no  one 
shall  be  compelled  by  law  to  attend  any  place  of  wor- 
ship ;  nor  to  pay  any  tithes,  taxes  or  other  rates  for 
building  or  repairing  any  place  of  worship,  or  for  main- 
taining any  minister  or  ministry;  that  no  religious  test 
shall  be  required  as  a  qualification  to  any  office  or  pub- 
lic trust  under  this  State;  and  that  the  civil  rights, 
privileges  and  capacities  of  any  citizen  shall  not  be  in 
any  manner  affected  by  his  religious  principles. 

4.  That  no  law  shall  ever  be  passed  to  curtail  or  re- 
strain the  liberty  of  speech  or  of  the  press;  and  any 
person  may  speak,  write  and  publish  his  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  that  lib- 
erty. 

5.  That  the  people  shall  be  secure  in  their  persons, 
houses,  papers  and  possessions  from  unreasonable  seiz- 
ure or  searches,  and  that  no  warrants  shall  issue  to 
search  any  place  or  to  seize  any  person  or  thing  without 
probable  cause,  supported  by  oath  or  affirmation. 

6.  That  in  all  criminal  prosecutions,  the  accused  has 
a  right  to  be  heard  by  himself  and  counsel  or  either;  to 
■demand  the  nature  and  cause  of  the  accusation;  and  to  have 


Constitutional  Convention.  1665 

a  copy  thereof;  to  be  confronted  by  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor ;  to  testify  in  all  cases,  in  his  own 
behalf,  if  he  elects  so  to  do ;  and,  in  all  prosecutions  by 
indictment,  a  speedy,  public  trial,  by  an  impartial  jury 
of  the  county  or  district  in  which  the  offense  was  com- 
mitted; and  he  shall  not  be  compelled  to  give  evidence 
against  himself,  nor  be  deprived  of  life,  liberty  or 
property  except  by  due  process  of  law;  but  the 
Legislature  may,  by  a  general  law,  provide  for  a 
change  of  venue  at  the  instance  of  the  defendant 
in  all  prosecutions  b}^  indictment,  and  such  change 
of  venue  on  application  of  defendant,  may  be 
lieaid  and  determined  without  the  personal  pres- 
ence of  the  defendant  so  applying  therefor;  i>7-o- 
vided  that  at  the  time  of  the  application  for  the 
change  of  venue  the  defendant  is  imprisoned  in  jail  or 
some  legal  place  of  confinement. 

7.  That  no  person  shall  be  accused  or  arrested,  or 
detained  except  in  cases  ascertained  by  law,  and  accord- 
ing to  the  form  which  the  same  has  prescribed;  and  no 
person  shall  be  punished  but  by  virtue  of  a  law  estab- 
lished and  promulgated  prior  to  the  offense  and  legally 
applied. 

8.  That  no  person  shall,  for  any  indictable  offense, 
be  proceeded  against  criminally,  by  information,  except 
in  cases  arising  in  the  militia  and  volunteer  forces  when 
in  actual  service,  or  when  assembled  under  arms  as  a 
uiilitary  organization,  or  by  leave  of  the  court,  for  mis- 
feasance, misdemeanor,  extor-tion  and  oppression  in  office 

'»»therwise  than  is  provided  in  this  Constitution;  provided 
that  in  cases  of  misdemeanor,  the  Legislature 
may,  by  law,  dispense  with  a  Grand  Jury,  and  author- 
ize such  prosecutions  and  proceedings  before  Justices 
of  the  Peace  or  such  other  inferior  courts  as  may  be  by 
law  established. 

9.  That  no  person  shall,  for  the  same  offense,  be 
twice  put  in  jeopardy  of  life  or  limb;  but  courts  may, 
for  reasons  fixed  by  law,  discharge  juries  from  the  con- 
sideration of  any  case,  and  no  person  shall  gain  any  ad- 

1®5 


1666  Journal  of  Alabama 

vantage  by  reason  of  such  discharge  of  the  Jur}-. 

10.  That  no  person  shall  be  barred  from  prosecuting 
or  defending  before  any  tribunal  in  this  State,  by  him- 
self or  counsel,  any  civil  cause  to  which  he  is  a  party. 

11.  That  the  right  of  trial  by  jury  shall  remain  in- 
violate. 

12.  That  in  all  prosecutions  for  libel  or  for  the  publi- 
cation of  papers  investigating  the  official  conduct  of 
officers  or  men  in  public  capacity,  or  when  the  matter 
published  is  proper  for  public  information,  the  truth 
thereof  may  be  given  in  evidence;  and  that  in  all  indict- 
ments for  libel,  the  jury  shall  have  the  right  to  deter- 
mine the  law  and  the  facts  under  the  direction  of  the 
court. 

13.  That  all  courts  shall  be  open ;  and  that  every  per- 
son, for  any  injury  done  him,  in  his  lands,  goods,  person 
or  reputation,  shall  have  a  remedy  by  due  proeess  of  law ; 
and  right  and  justice  shall  be  administered  without 
sale,  denial  or  delay. 

14.  That  the  State  of  Alabama  shall  never  be  made 
a  defendant  in  any  court  of  law  or  equity. 

15.  That  excessive  fines  shall  not  be  imposed,  nor 
cruel  or  unusual  punishments  inflicted. 

16.  That  all  persons  shall,  before  conviction,  be 
bailable  by  sufficient  sureties,  except  for  capital  offenses, 
when  the  proof  is  evident  or  the  presumption  great ;  and 
that  excessive  bail  shall  not  in  any  case  be  required. 

17.  That  the  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended  by  the  authorities  of  this  State. 

18.  That  treason  against  the  State  shall  consist 
only  in  levying  war  against  it,  or  adhering  to  its  ene- 
mies, giving  them  aid  and  comfort;  and  that  no  person 
shall  be  convicted  of  treason,  except  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  his  own  con- 
fession in  open  court. 

19.  Tliat  no  person  shall  be  attainted  of  treason  by 
the  Legislature;  and  no  conviction  shall  work  corruption 
of  blood  or  forfeiture  of  estate. 

20.  That  no  person  shall  be  imprisoned  for  debt. 

21.  That  no  power  of  suspending  laws  shall  be  exer- 
cised except  by  the  Legislature. 


Constitutional  Convention.  1667 

22.  Tliat  no  e-x-  post  facto  law,  nor  any  law,  impairing 
the  obligation  of  contracts,  or  making  any  irrevocable 
or  exclusive  grants  of  special  privileges  or  immunities, 
shall  be  passed  by  the  Legislature;  and  every 
grant  of  a  franchise,  privilege  or  immunity,  shall  for- 
ever remain  subject  to  revocation,  alteration  or  amend- 
ment. 

23.  That  the  exercise  of  the  right  of  eminent  domain 
shall  never  be  abriged  nor  so  construed  as  to  prevent  the 
Legislature  from  taking  the  property  and  franchises  of 
incorporated  companies  and  subjecting  them  to  public 
use  in  the  same  manner  in  which  the  property  and  fran- 
chises of  individuals  are  taken  and  subjected,  but  private 
property  shall  not  be  taken  for  or  applied  to  public  use 
unless  just  compensation  be  first  made  therefor ; nor  shall 
private  property  be  taken  for  private  use  or  for  the  use  of 
corporations,  other  than  municipal,  without  the 
consent  of  the  owner;  provided,  however,  the  Legis- 
lature may  by  law  secure  to  persons  or  corporations 
the  right  of  way  over  the  lands  of  other  persons  or  cor- 
porations, and  by  general  laws  provide  for  and  regulate 
the  exercise  by  persons  and  corporations  of  the  rights 
herein  reserved;  but  just  compensation  shall,  in  all 
cases,  be  first  made  to  the  owner ;  and,  provided  that  the 
right  of  eminent  domain  shall  not  be  so  construed  as  to 
allow  taxation  or  forced  subscription  for  the  benefit  of 
railroads  or  any  other  kind  of  corporations,  other  than 
municipal,  or  for  the  benefit  of  any  individual  or  asso- 
ciation. 

24.  That  all  navigable  waters  shall  remain  forever 
public  highways,  free  to  the  citizens  of  the  State  and  the 
United  States,  without  tax,  impost  or  toll ;  and  that  no 
tax,  toll,  impost  or  wharfage  shall  be  demanded  or  re- 
ceived from  the  owner  of  any  merchandise  or  commodity 
for  the  use  of  the  shores  or  any  wharf  erected  on  the 
shores,  or  in  or  over  the  waters,  of  any  navigable  stream, 
unless  the  same  be  expressly  authorized  by  law. 

25.  That  the  citizens  have  a  right,  in  a  peaceable 
manner,  to  assemble  together  for  the  common  good,  and 
to  apply  to  those  invested  with  the  power  of  govern- 
ment for  redress  of  grievances  or  other  purposes,  by  pe- 
tition, address  or  remonstrance. 


1668  Journal  of  Alabama 

26.  That  every  citizen  has  a  right  to  bear  arms  in 
defense  of  himself  and  the  State, 

27.  That  no  standing  army  sliall  be  kept  up  with- 
out the  consent  of  the  Legislature,  and,  in  that  case,  no 
appropriation  for  its  support  shall  be  made  for  a  longer 
term  than  one  year ;  and  the  military  shall,  in  all  cases, 
and  at  all  times,  be  in  strict  subordination  to  the  civil 
power. 

28.  That  no  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  vidthout  the  consent  of  the  owner; 
nor,  in  time  of  war,  but  in  a  manner  to  be  prescribed 
by  law. 

29.  That  no  title  of  nobility  or  hereditary  distinction, 
privilege,  honor  or  emolument  shall  ever  be  granted  or 
conferred  in  this  State;  and  that  no  office  shall  be 
created,  the  appointment  to  which  shall  be  for  a  longer 
time  than  during  good  behavior. 

30.  That  immigration  shall  be  encouraged;  emigra- 
tion shall  not  be  prohibited,  and  no  citizen  shall  be 
exiled. 

31.  That  temporary  absence  from  the  State  shall  not 
cause  a  forfeiture  of  residence  once  obtained. 

32.  That  no  form  of  slavery  shall  exist  in  this  State; 
and  there  shall  not  be  any  involuntary  servitude,  other- 
wise than  for  the  punishment  of  crime,  of  which  the 
party  shall  have  been  duly  convicted. 

33.  The  privilege  of  suffrage  shall  be  protected  by 
laws  regulating  elections,  and  prohibiting,  under  ade- 
quate penalties,  all  undue  influences  from  power,  brib- 
ery, tumult  or  other  improper  conduct. 

34.  Foreigners  who  are,  or  who  may  hereafter  become 
bona  fide  residents  of  this  State,  shall  enjoy  the  same 
rights  in  respect  to  the  possession,  enjoyment  and  inheri- 
tance of  property,  as  native  born  citizens. 

35.  That  the  sole  object  and  only  legitimate  end  of 
government  is  to  protect  the  citizen  in  the  enjoyment 
of  life,  liberty  and  property,  and  when  the  government 
assumes  other  functions,  it  is  usurpation  and  oppres- 
sion. 

36.  That  this  enumeration  of  certain  rights  shall  not 
impair  or  deny  others  retained  by  the  people;  and,  to 


Constitutional  Convention.  1669 

guard  against  any  encroachments  on  the  rights  herein 
retained,  we  declare  that  everything  in  this  Declaration 
of  Rights  is  excepted  out  of  the  general  powers  of  gov- 
ernment, and  shall  forever  remain  inviolate. 

ARTICLE  II. 

STATE    AND    COUNTY    BOUNDARIES. 

37.  The  boundaries  of  this  State  are  established  and 
declared  to  be  as  follows,  that  is  to  say:  Beginning 
at  the  point  where  the  thirty-first  degree  of  north 
latitude  crosses  the  Perdido  river;  thence  east  to  the 
western  boundary  line  of  the  State  of  Georgia;  thence 
along  said  line  to  the  southern  boundary  line  of  the 
State  of  Tennessee,  thence  west  along  the  southern 
boundary  line  of  the  State  of  Tennessee,  crossing  the 
Tennessee  river,  and  on  to  the  second  intersection  of 
said  river  by  said  line,  thence  up  said  river  to  the  mouth 
of  Big  Bear  creek ;  thence  by  a  direct  line  to  the  north- 
west corner  of  Washington  county,  in  this  State,  as  ori- 
ginally formed ;  thence  southerly  along  the  line  of  the 
State  of  Mississippi  to  the  Gulf  of  Mexico ;  thence  east- 
wardly,  including  all  islands  within  six  leagues  of  the 
shore,  to  the  Perdido  river ;  thence  up  the  said  river  to  the 
beginning;  provided,  that  the  limits  and  jurisdiction  of 
this  State  shall  extend  to  and  include  any  other 
land  and  territory  hereafter  acquired,  by  con- 
tract or  agreement  with  other  States  or  otherwise, 
although  such  land  and  territory  are  not  included  with- 
in the  boundaries  hereinbefore  designated. 

38.  The  boundaries  of  the  several  counties  of  this 
State,  as  they  now  exist,  are  hereby  ratified  and  con- 
firmed. 

30.  Tlte  liCgislature  may  by  a  vote  of  two-thirds 
of  each  House  thereof  arrange  and  designate  boundar- 
ies for  the  several  counties  of  this  State,  which  boun- 
daries shall  not  be  altered,  except  by  a  like  vote;  but 
no  new  county  shall  be  formed  hereafter  of  less  extent 
than  six  hundred  square  miles,  and  no  existing 
county  shall  be  reduced  to  less  than  six  hun- 
dred   square    miles;    and    no    new    county    shall    be 


1670  Journal  of  Alabama 

formed  unless  it  shall  contaiu  a  sufficient  num- 
ber of  inhabitants  to  entitle  it  to  one  Repre- 
sentative under  the  ratio  of  representation  existing  at 
the  time  of  its  formation,  and  leave  the  county  or 
counties  from  which  it  is  taken  with  the  required  num- 
ber of  inhabitants  to  entitle  such  county  or  counties, 
each,  to  separate  representation;  provided,  that  oat 
of  the  counties  of  Henry,  Dale  and  Geneva  a  new 
county  of  less  than  six  hundred  square  miles  may  be 
formed  under  the  provisions  of  this  article,  so  as  to  leave 
said  counties  of  Henry,  Dale  and  Geneva  with  not  less 
than  five  hundred  square  miles  each. 

40.  No  county  line  shall  be  altered  or  changed, 
or  in  the  event  of  the  creation  of  new  counties  shall  be 
established,  so  as  to  run  within  seven  miles  of  the  county 
court  house  of  any  old  county. 

41.  No  court  house  or  county  site  shall  be  re- 
moved exce]3t  by  a  majority  vote  of  the  qualified 
electors  of  said  county,  voting  at  an  election  held  for 
such  purpose,  and  when  an  election  has  once  been  held  no 
other  election  shall  be  held  for  sucli  purpose  until  the  ex- 
piration of  four  years ;  provided,  that  the  county  site  of 
Shelby  county,  shall  remain  at  Columbiana,  un- 
less removed  by  a  vote  of  the  people,  as  pro- 
vided for  in  an  act  entitled  "An  act  to  pro- 
vide for  the  permanent  location  of  the  county  site 
of  Shelby  county,  Alabama,  by  a  vote  of  the  qualified 
electors  of  said  county,"  approved  the  9th  day  of  Feb- 
ruary, 1899,  and  the  act  amendatory  thereof,  api)roved 
the  20th  day  of  February,  1899,  or  by  an  election  held 
under  the  provisions  of  this  article, 

ARTICLE  III. 

DISTRIBUTION    OF    POWERS    OF    GOVERNMENT. 

42.  The  powers  of  the  government  of  the  State  of 
Alabama  shall  be  divided  into  three  distinct  depart- 
ments, each  of  which  shall  be  confided  to  a  separate 
body  of  magistry,  to-wit :     Those  who  are  legislative, 


Constitutional  Convention.  1671 

to  one ;  those  which  are  executive  to  another ;  and  those 
which  are  judicial  to  another. 

43.  In  the  government  of  this  State,  except  in  the  in- 
stances in  this  Constitution  hereinafter  expressly  di- 
rected or  permitted,  the  legislative  department  shall 
never  exercise  the  executive  and  judicial  powers,  or 
either  of  them;  the  executive  shall  never  exercise  the 
legislative  and  judicial  powers,  or  either  of  them;  the 
judicial  shall  never  exercise  the  legislative  and  execu- 
tive powers,  or  either  of  them ;  to  the  end  that  it  may  be 
a  government  of  laws  and  not  of  men. 

ARTICLE  IV. 

LEGISLATIVE   DEPARTMENT. 

44.  The  legislative  power  of  this  State  shall 
be  vested  in  a  Legislature,  which  shall  consist  of  a  Sen- 
ate and  a  House  of  Kepreseiitatives. 

45.  The  style  of  the  laws  of  this  State  shall  be: 
"Be  it  enacted  hy  the  Legislature  of  Alabama,"  which 
need  not  be  repeated,  but  the  act  shall  be  divided  into 
sections  for  convenience,  according  to  substance,  and 
the  sections  designated  merely  by  figures.  Each 
law  shall  contain  but  one  subject,  which  shall 
be  clearly  expressed  in  its  title,  except  general  appro- 
priation bills,  general  revenue  bills,  and  bills  adopting 
a  code,  digest,  or  revision  of  statutes;  and  no  law  shall 
be  revived,  amended  or  the  provisions  thereof  extended 
or  conferred,  b}^  reference  to  its  title  only ;  but  so  much 
thereof  as  is  revived,  amended,  extended,  or  conferred, 
shall  be  reenacted  and  published  at  length. 

46.  Senators  and  Representatives  shall  be  elected  by 
the  qualified  electors  on  the  first  Tuesday  after  the  first 
Monday  in  November  unless  the  Legislature  shall 
change  the  time  of  holding  elections  and  in  every  fourth 
year  thereafter.  The  terms  of  office  of  the  Senators  and 
Representatives  shall  commence  on  the  day  after  the 
general  election  at  which  they  are  elected,  and  expire 
on  the  day  after  the  general  election  held  in  the  fourth 
year  after  their  election,  except  as  otherwise  provided  in 


1672  Journal  of  Alabama 

this  Constitution.  At  the  general  election  in  the  year 
nineteen  hundred  and  two  all  the  Eepresenta- 
tives,  together  with  the  Senators  for  the  even 
numbered  districts  and  for  the  Thirt3'-fifth  dis- 
trict, shall  be  elected.  The  terms  of  those  Senators 
who  represent  the  odd  numbered  districts  under  the  law 
in  force  prior  to  the  ratification  of  this  Constitution, 
are  hereby  extended  until  the  day  after  the  general  elec- 
tion in  the  years  nineteen  hundred  and  six;  and 
until  the  expiration  of  his  terms  as  hereinbefore 
extended,  each  such  Senator  shall  represent  the  district 
established  by  this  Constitution,  bearing  the  number  cor- 
responding with  that  for  which  he  was  elected.  In  the 
year  nineteen  hundred  and  six,  and  in  every  fourth 
year  thereafter,  all  the  Senators  and  Representatives 
shall  be  elected.  Whenever  a  vacanc}'  shall  occur  in 
either  House  the  Governor  shall  issue  a  writ  of  election 
to  fill  such  vacancy  for  the  remainder  of  the  term. 

47.  Senators  shall  be  at  least  twenty-five  years 
of  age,  and  Representatives  twenty-one  jear^  of 
age  at  the  time  of  their  election ;  they  shall 
have  been  citizens  and  residents  of  this  State 
for  three  years  and  residents  of  their  respective 
counties  or  districts  for  one  year  next  before  their 
election,  if  such  county  or  district  shall  have  been 
so  long  established;  but  if  not,  then  of  the  county  or 
district  from  which  the  same  shall  have  been  taken; 
and  they  shall  reside  in  their  respective  counties  or  dis- 
tricts during  their  terms  of  office. 

48.  The  Legislature  shall  meet  quadrenniallv  at  the 
Capitol,  in  the  Senate  chamber,  and  in  the  Hall  of  the 
House  of  Representatives,  on  the  second  Tuesday  in 
January  next  succeeding  their  election,  or  on  such  other 
day  as  may  be  prescribed  by  law;  and  shall  not  remain 
in  session  longer  than  sixty  days  at  the  first  session  held 
under  this  Constitution,  nor  longer  than  fifty  days  at 
any  subsequent  session.  If  at  any  time  it  should  from 
any  cause  become  impossible  or  dangerous  for  the  Legis- 
lature to  meet  or  remain  at  the  Capitol,  or  for  the  Sen- 
ate to  meet  or  remain  in  the  Senate  chamber,  or  for  the 
Representatives  to  meet  or  remain  in  the  Hall  of  the 
House  of  Representatives,  the  Governor  may  convene 


Constitutional  Convention.  1673 

the  Legislature,  or  remove  it,  after  it  lias  convened,  to 
some  other  place,  or  may  designate  some  other  place  for 
the  sitting  of  the  respective  Houses,  or  either  of  them, 
as  necessity  may  require. 

49.  The  pa}^  of  the  members  of  the  Legislature  shall  be 
four  dollars  per  day,  and  ten  cents  per  mile  in  going 
to  and  returning  from  the  seat  of  government,  to  be 
computed  by  the  nearest  usual  route  traveled. 

50.  The  Legislature  shall  consist  of  not  more 
than  thirty-five  Senators,  and  not  more  than  one  hun- 
dred and  five  members  of  the  House  of  Representatives, 
to  be  apportioned  among  the  several  districts  and  coun- 
ties as  prescribed  in  this  Constitution;  provided  that 
in  addition  to  the  above  number  of  Representatives, 
each  new  county  hereafter  created  shall  be  entitled  to 
one  Representative. 

51.  The  Senate,  at  the  beginning  of  each  regular  ses- 
sion, and  at  such  other  times  as  may  be  necessary,  shall 
elect  one  of  its  members  president  pro  tem  thereof  to  pre- 
side over  the  deliberations  in  the  absence  of  the  Lieuten- 
ant Governor;  and  the  House  of  Representatives,  at  the 
beginning  of  each  regular  session,  and  at  such  other 
time  as  may  be  necessary,  shall  elect  one  of  its  mem- 
bers as  Speaker;  and  the  President  of  the  Senate  and 
the  Speaker  of  the  House  of  Representatives  shall  hold 
their  offices  respectively  until  their  successors  are 
elected  and  qualified.  In  case  of  the  temporary  disability 
of  either  of  said  presiding  officers,  the  House  to  which 
he  belongs  may  elect  one  of  its  members  to  preside  over 
that  House  and  to  perform  all  the  duties  of  such  officer 
during  the  continuance  of  his  disability ;  and  such  tem- 
porary officer,  while  performing  duty  as  such,  shall  re- 
ceive the  same  compensation  to  which  the  permanent 
officer  is  entitled  by  law,  and  no  other.  Each  House 
shall  choose  its  own  officers  and  shall  judge  of  the  elec- 
tion, returns  and  qualifications  of  its  members. 

52.  A  majority  of  each  House  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  ad- 
journ from  day  to  day  and  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such  pen- 
alties as  each  House  may  provide. 

53.  Each  House  shall  have  power  to  determine 
the  rules  of  its  proceedings  and  to  punish  its  members 


1674  Journal  of  Alabama 

and  other  persons,  for  contempt  or  disorderly  behavior 
in  its  presence ;  to  enforce  the  obedience  to  its  processes ; 
to  protect  its  members  against  violence,  or  offers  of 
bribes  or  corrupt  solicitation;  and  with  the  concurrence 
of  two-thirds  of  the  House  to  expel  a  member,  but  not  a 
second  time  for  the  same  offense;  and  the  two  Houses 
shall  have  all  the  powers  necessary  for  the  Legislature  of 
a  free  State. 

54.  A  member  of  the  Legislature,  expelled  for  cor- 
ruption shall  not  thereafter  be  eligible  to  either  House, 
and  punishment  for  contempt  or  disorderly  behavior 
shall  not  bar  an  indictment  for  the  same  offense. 

55.  Each  House  shall  keep  a  Journal  of  its  pro- 
ceedings and  cause  the  same  to  be  published  immediate- 
ly after  its  adjournment,  excepting  such  parts  as,  in  its 
judgment,  may  require  secrecy;  and  the  yeas  and  nays 
of  the  members  of  either  House  on  any  question  shall, 
at  the  request  of  one-tenth  of  the  members  present,  be 
entered  on  the  Journal.  Any  member  of  either  House 
shall  have  liberty  to  dissent  from  or  protest  against  any 
act  or  resolution  which  he  may  think  injurious  to  the 
public,  or  to  an  individual,  and  have  the  reason  for  his 
dissent  entered  on  the  Journal. 

56.  Members  of  the  Legislature  shall,  in  all 
cases,  except  treason,  felony,  violation  of  their  oath  of 
office,  and  breach  of  the  peace,  be  privileged  from  ar- 
rest during  their  attendance  at  the  session  of  their  re- 
spective Houses,  and  in  going  to  and  returning  from  the 
same;  and  for  any  speech  or  debate  in  either  House 
they  shall  not  be  questioned  in  any  other  place. 

57.  The  doors  of  each  House  shall  be  opened  ex- 
cept on  such  occasions  as,  in  the  opinion  of  the  House, 
may  require  secrecy,  but  no  person  shall  be  admitted  to 
the  floor  of  either  House  while  the  same  is  in  session, 
except  members  of  the  Legislature,  the  officers  and  em- 
ployes of  the  two  Houses,  the  Governor  and  his  secre- 
taries, representatives  of  the  press,  and  other  per- 
sons to  whom  either  House,  by  unanimous  vote,  may  ex- 
tend the  privileges  of  its  floor. 

58.  Neither  House  shall,  without  consent  of  the 
other,  adjourn  for  more   than    three  days,  nor  to  any 


Constitutional  Convention.  1675 

other  place  tliau  that  in  which  they  may  be  sitting,  ex- 
cept as  otherwise  provided  in  this  Constitution. 

59.  No  Senator  or  Kepresentative  shall,  dnring 
the  term  for  which  he  shall  have  been  elected,  be  ap- 
pointed to  any  office  of  profit  under  this  State,  which 
shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased  during  such  term,  except  such 
offices  as  may  be  filled  by  election  by  the  people, 

60.  No  person  convicted  of  embezzlement  of  the 
public  money,  bribery,  perjury,  or  other  infamous  crime, 
shall  be  eligible  to  the  Legislature,  or  capable  of  hold- 
ing any  office  of  trust  or  profit  in  this  State. 

61.  No  law  shall  be  passed  except  by  bill,  and 
no  bill  shall  be  so  altered  or  amended  on  its  passage 
through  either  House  as  to  change  its  original  purpose. 

62.  No  bill  shall  become  a  law  until  it  shall 
liave  been  referred  to  a  standing  committee  of  each 
House,  acted  upon  by  such  committee  in  session,  and 
returned  therefrom,  which  facts  shall  affirmatively  ap- 
pear upon  the  Journal  of  each  House. 

63.  Every  bill  shall  be  read  on  three  different 
days  in  each  House,  and  no  bill  shall  become  a  law,  un- 
less on  its  final  passage  it  be  read  at  length,  and  the 
vote  be  taken  by  yeas  and  nays,  the  names  of  the  mem- 
bers voting  for  and  against  the  same  be  entered  upon 
the  Journals,  and  a  majority  of  each  House  be  recorded 
thereon  as  voting  in  its  favor,  except  as  otherwise  pro- 
vided in  this  Constitution. 

64.  No  amendment  to  bills  shall  be  adopted  ex- 
cept by  a  majority  of  the  House  wherein  the  same  is 
offered,  nor  unless  the  amendment  with  the  names  of 
those  voting  for  and  against  the  same  shall  be  entered 
at  length  on  the  Journal  of  the  House  in  which  the 
same  is  adopted,  and  no  amendment  to  bills  by  one 
House  shall  be  concurred  in  by  the  other,  unless  a  vote 
be  taken  by  yeas  and  nays,  and  the  names  of  the  mem- 
bers voting  for  and  against  the  same  be  recorded  at 
length  on  the  Journal ;  and  no  report  of  a  committee  of 
conference  shall  be  adopted  in  either  House,  except  upon 
a  vote  taken  by  yeas  and  nays,  and  entered  on  the  Jour- 
nal, as  herein  provided  for  the  adoption  of  amendments. 


1676  Journal  of  Alabama 

65.  The  Legislature  shall  have  no  power  to 
authorize  lotteries  or  gift  enterprises  for  any  purpose, 
and  shall  pass  laws  to  prohibit  the  sale  in  this  State  of 
lottery-  or  gift  enterj)rise  tickets,  or  tickets  in  any  scheme 
in  the  nature  of  a  lottery ;  and  all  acts,  or  parts  of  acts 
heretofore  passed  by  the  Legislature  of  this  State^, 
authorizing  a  lottery  or  lotteries  and  all  acts  amenda- 
tory thereof,  or  supplemental  thereto,  are  hereby 
avoided. 

66.  The  presiding  officer  of  each  House  shall, 
in  the  presence  of  the  House  over  which  he  presides, 
sign  all  bills  and  joint  resolutions  passed  by  the  Legis- 
lature, after  the  same  shall  have  been  publicly  read  at 
length  immediately  before  signing,  and  the  fact  of  read- 
ing and  signing  shall  be  entered  upon  the  Journal;  but 
the  reading  at  length  may  be  dispensed  with  by  a  twO; 
thirds  vote  of  a  quorum  present,  which  fact  shall  also 
be  entered  on  the  Journal. 

67.  The  Legislature  shall  prescribe  by  law  the  num- 
ber, duties  and  compensation  of  the  officers  and  employes 
of  each  House,  and  no  payment  shall  be  made  from  the 
State  Treasury  or  be  in  any  Avay  authorized  to  any  per- 
son except  to  an  acting  officer  or  employe  elected  or 
appointed  in  pursuance  of  law. 

68.  The  Legislature  shall  have  no  power  to 
grant  or  to  authorize  or  require  any  county  or  muni- 
cipal authority  1('  grant,  nor  shall  any  county  or  muni- 
'^■il^al  authority  have  power  to  grant  any  extra  compen- 
sation, fee  or  allowance  to  any  public  officer,  servant 
or  employee,  agent  or  contractor,  after  service  shall 
have  been  rendered  or  contract  made,  nor  to  increase 
or  decrease  the  fees  and  compensation  of  such  officers 
during  their  terms  of  office ;  nor  shall  any  officer  of  l^he 
State  bind  the  State  to  the  payment  of  any  sum  of 
money  but  by  authority  of  law;  provided  this  section 
shall  not  apply  to  allowances  made  by  Commissioners' 
Courts  or  Boards  of  Revenue  to  county  officers  for  ej? 
officio  services,  nor  prevent  the  Legislature  from  in- 
creasing or  diminishing  at  any  time  the  allowance  to 
Sheriffs  or  other  oflicers  for  feeding,  transferring  or 
guarding  prisoners. 


Constitutional  Convention.  1677 

69.  All  stationery,  printing,  paper  and  fuel  used 
in  the  legislative  and  other  departments  of  gov- 
ernment shall  be  furnished  and  the  printing,  bind- 
ing and  distribution  of  laws,  Journals,  department 
reports,  and  all  other  printing,  binding  and  repair- 
ing and  furnishing  the  halls  and  rooms  used 
for  the  meeting  of  the  Legislature  and  its  com- 
mittees, shall  be  performed  under  contract,  to 
be  given  to  the  lowest  responsible  bidder  below  a  maxi- 
mum price,  and  under  such  regulations  as  shall  be  pre- 
scribed by  law ;  no  member  or  officer  of  any  department 
of  the  government  shall  be  in  any  way  interested  in  such 
contracts,  and  all  such  contracts  shall  be  subject  to  the 
approval  of  the  Grovernor,  Auditor  and  Treasurer. 

70.  All  bills  for  raising  revenue  shall  originate 
in  the  House  of  Representatives.  The  Governor,  Audi- 
tor and  Attorney  General  shall,  before  each  regular 
session  of  the  Legislature,  prepare  a  general  revenue 
bill  to  be  submitted  to  the  Legislature,  for  its  informa- 
tion, and  the  Secretary  of  State  shall  have  printed  for 
the  use  of  the  Legislature  a  sufficient  number  of  copies 
of  the  bill  so  prepared  which  the  Governor  shall  trans- 
mit to  the  House  of  Eepresentatives  as  soon  as  organ- 
ized, to  be  used  or  dealt  with  as  that  House  may  elect. 
The  Senate  may  propose  amendments  to  revenue  bills. 
No  revenue  bill  shall  be  passed  during  the  last  five 
days  of  the  session. 

71.  The  general  appropriation  bill  shall  em- 
brace nothing  but  appropriations  for  the  ordinary  ex- 
penses of  the  Executive,  Legislative  and  Judicial  depart- 
ments of  the  State,  for  interest  on  the  public  debt,  and 
for  the  public  schools.  The  salary  of  no  officer  or  employe 
shall  be  increased  in  such  bill,  nor  shall  any  appropria- 
tion be  made  therein  for  any  officer  or  employe  unless 
his  employment  and  the  amount  of  his  salary  have  al- 
ready been  provided  for  by  law.  All  other  appropi'ia- 
tions  shall  be  made  by  separate  bills,  each  embracing  but 
one  subject. 

72.  No  money  shall  be  paid  out  of  the  Treasury 
except  upon  appropriations  made  by  law,  and  on  war- 
rant drawn  by  the  proper  officer  in  pursuance  thereof; 


1678  Journal  of  Alabama 

and  a  regular  statement  and  account  of  receipts  and  ex- 
penditures of  all  public  moneys  shall  be  publislied  an- 
nually, in  such  manner  as  may  be  by  law  directed. 

73.  No  appropriation  shall  be  made  to  any 
charitable  or  educational  institution  not  under  the  ab- 
solute control  of  the  State,  other  than  normal  schools 
established  by  law  for  the  professional  training  of 
teachers  for  the  public  schools  of  the  State,  except  by 
a  vote  of  two-thirds  of  all  the  members  elected  to  each 
House. 

74.  No  act  of  the  Legislature  shall  authorize 
the  investment  of  any  trust  fund  by  executors,  adminis- 
trators, guardians  or  other  trustees  in  the  bonds  or 
stock  of  any  private  corporation;  and  any  such  acts 
now  existing  are  avoided,  saving  investments  hereto- 
fore made. 

75.  The  power  to  change  the  venue  in  civil  and 
criminal  cases  is  vested  in  the  courts,  to  be  exercised  in 
such  manner  as  shall  be  provided  by  law. 

76.  When  the  Legislature  shall  be  convened  in 
special  session  there  shall  be  no  legislation  upon  sub- 
jects other  than  those  designated  in  the  proclamation  of 
the  Governor  calling  such  session,  except  by  a  vote  of 
two-thirds  of  each  House.  Special  sessions  shall  be  lim- 
ited to  thirty  days. 

77.  No  State  office  shall  be  continued  or  created  for 
the  inspection  or  measuring  of  any  merchandise,  manu- 
facture or  commodity,  but  any, county  or  municipality 
may  appoint  such  officers  when  authorized  by  law. 

78.  No  act  of  the  Legislature  changing  the  seat 
of  government  of  the  State  shall  become  a  law  until  the 
same  shall  have  been  submitted  to  the  qualified  electors 
of  the  State  at  a  general  election,  and  approved  by  a 
majority  of  such  electors  voting  on  the  same;  and  such 
act  shall  specif}^  the  proposed  new  location. 

79.  A  member  of  the  Legislature  who  shall  solicit,  de- 
mand or  receive,  or  consent  to  receive,  directly  or  indi- 
rectly, for  himself  or  for  another,  from  any  com])any, 
corporation,  association  or  person,  any  money,  office, 
appointment,  employment,  reward,  thing  of  value,  or 
enjoyment,  or  personal  advantage  or  promise  thereof, 
for  his  vote  or  official  influence,  or  for  withholding  the 


Constitutional  Convention.  1679 

same;  or  with  an  niiderstandiiiii',  expressed  or  implied, 
tliat  liis  vote  or  official  action  shall  be  an  any  way  in- 
fluenced thereby;  or  who  shall  solicit  or  demand  any 
such  money  or  other  advantage,  matter  or  thing  afore- 
said, for  another  as  the  consideration  for  his  vote  or 
influence,  or  for  withholding  the  same;  or  shall 
give  or  withhold  his  vote  or  influence  in  consideration 
of  the  payment  or  promise  of  such  money,  advantage, 
matter  or  thing  to  another,  shall  be  guilty  of  bribery 
within  the  meaning  of  this  Constitution  ;  and  shall  incur 
the  disabilities  and  penalties  provided  thereby  for  such 
offense,  and  such  additional  punishment  as  is  or  shall 
be  provided  by  law. 

SO.  Any  person  who  shall,  directly  or  indirectly, 
offer,  give  or  promise  any  money,  or  thing  of  value,  tes- 
timonial, privilege,  or  personal  advantage,  to  any  exe- 
cutive or  judicial  ofiicer  or  member  of  the  Legislature 
to  influence  him  in  the  performance  of  any  of  his  public 
or  official  duties,  shall  be  guilty  of  bribery,  and  be  pun- 
ished in  such  manner  as  may  be  provided  by  law. 

81.  The  offense  of  corrupt  solicitation  of  mem- 
bers of  the  Legislature  or  of  public  officers  of  this  State 
or  of  any  municipal  division  thereof,  and  any  occu- 
pation or  practice  of  solicitation  of  such  members  or 
officers,  to  influence  their  official  action,  shall  be  defined 
by  law,  and  shall  be  punished  by  fine  and  imprisonment 
in  the  penitentiary;  and  the  Legislature  shall  provide 
for  the  trial  and  punishment  of  the  offenses  enumerated 
in  the  two  preceding  sections,  and  shall  require  the 
Judges  to  give  the  same  specially  in  charge  to  the  Grand 
Juries  in  all  the  counties  of  this  State. 

82.  A  member  of  the  Legislature  who  has  a  per- 
sonal or  private  interest  in  any  measure  or  bill  pro- 
posed or  pending  before  the  Legislature,  shall  disclose 
the  fact  to  the  House  of  which  he  is  a  member,  and 
shall  not  vote  thereon. 

83.  In  all  elections  by  the  Legislature  the  mem- 
bers shall  vote  viva  voce,  and  the  votes  shall  be  entered 
on  the  Journal. 

84.  It  shall  be  the  duty  of  the  Legislature  to 
pass  such  laws  as  may  be  necessary  and  proper  to  decide 


1680  Journal  of  Alabama 

differences  by  arbitrators    to  be  appointed  by  the  par- 
ties  who  may  choose  that  mode  of  adjustment. 

85.  It  shall  be  the  duty  of  the  Legislature,  at 
its  first  session  after  the  ratification  of  this  Constitu- 
tion, and  within  every  subsequent  period  of  twelve 
years,  to  make  provision  by  law  for  revising-,  digest- 
ing and  j)roniulgating  the  public  statutes  of  this 
State,  of  a  general  nature,  both  civil  and  criminal. 

86.  The  Legislature  shall  pass  such  penal  laws 
as  they  may  deem  expedient  to  suppress  the  evil  prac- 
tice of  dueling. 

87.  It  shall  be  the  duty  of  the  Legislature  to 
regulate  by  law  the  cases  in  which  deduction  shall  be 
made  from  the  salaries  or  compensation  of  public  offi- 
cers for  neglect  of  duty  in  their  official  capacities,  and 
the  amount  of  such  deduction, 

88.  It  shall  be  the  duty  of  the  Legislature  to  re- 
quire the  several  counties  of  this  State  to  make  ade- 
quate provision  for  the  maintenance  of  the  poor. 

89.  The  Legislature  shall  not  have  power  to 
authorize  any  municipal  corporation  to  pass  any  laws 
inconsistent  with  the  general  laws  of  this  State. 

90.  In  the  event  of  the  annexation  of  any  foreign 
territory  to  this  State,  the  Legislature  shall  enact  laws 
extending  to  the  inhabitants  of  the  acquired  territory 
all  the  rights  and  privileges  which  may  be  required  by 
the  terms  of  acquisition  not  inconsistent  with  this 
Constitution.  Should  the  State  purchase  such  foreign 
territory,  the  Legislature,  with  the  approval  of  the  Gov- 
ernor, shall  be  authorized  to  expend  any  money  in  the 
Treasury  not  otherwise  appropriated,  and,  if  necessary, 
to  provide  also  for  the  issuance  of  State  bonds,  to  pay  for 
the  purchase  of  such  foreign  territory. 

91.  The  Legislature  shall  not  tax  the  property, 
real  or  personal,  of  the  State,  counties  or  other  muni- 
cipal corporations,  or  cemeteries;  nor  lots  in  incorpor- 
ated cities  or  towns,  or  within  one  mile  of  any  city  or 
town  to  the  extent  of  one  acre,  nor  lots  one  mile  or  more 
distant  from  such  cities  or  towns  to  the  extent  of  five 
acres,  with  the  buildings  thereon,  when  the  same  are 
used  exclusively  for  religious  worship,  for  schools  or  for 
purposes  purely  charitable. 


Constitutional  Convention.  1681 

92.  The  Legislature  shall  by  law  prescribe  such 
rules  and  regulations  as  may  be  necessary  to  ascertain 
the  value  of  real  and  personal  property  exempted  from 
sale  under  legal  procei^'s  by  this  Coustitution,  and  to 
secure  the  same  to  the  claimant  thereof  as  selected. 

93.  The  State  shall  not  engage  in  works  of  in- 
ternal improvement,  nor  lend  money  or  its  credit 
in  aid  of  such;  nor  shall  the  State  be  interested  in  any 
private  or  corporate  enterprise,  or  lend  money  or  its 
credit  to  any  individual,  association  or  corporation. 

94.  The  Legislature  shall  not  have  power  to 
authorize  any  county,  city,  town,  or  other  subdivision  of 
this  State  to  lend  its  credit,  or  to  grant  public  money 
or  thing  of  value  in  aid  of,  or  to,  any  individual,  asso- 
ciation or  corporation  whatsoever,  or  to  become  a  stock- 
holder in  any  such  corporation,  association  or  company, 
by  issuing  bonds  or  otherwise. 

95.  There  can  be  no  law  of  this  State  impairing 
the  obligation  of  contracts  by  destroying  or  impairing 
the  remedy  for  their  enforcement;  and  the  Legislature 
shall  have  no  power  to  revive  any  right  or  remedy  which 
may  have  become  barred  by  lapse  of  time,  or  by  any 
statute  of  this  State.  After  suit  has  been  commenced  on 
any  cause  of  action,  the  Legislature  shall  have  no  power 
to  take  away  such  cause  of  action,  or  to  destroy  any  ex- 
isting defense  to  such  suit. 

96.  The  Legislature  shall  not  enact  any  law  not 
applicable  to  all  the  counties  in  the  State,  regulating 
costs  and  charges  of  courts,  or  fees,  commissions  or  al- 
lowances of  public  officers. 

97.  The  Legislature  shall  not  authorize  payment 
to  any  person  of  the  salary  of  a  deceased  officer  beyond 
the  date  of  his  death. 

98.  The  Legislature  shall  not  retire  any  officer 
on  pay,  or  part  pay,  or  make  any  grant  to  such  retiring 
officer. 

99.  Lands  belonging  to  or  under  the  control  of 
the  State  shall  never  be  donated  directly  or  indirectly 
to  private  corporations,  associations,  or  individu- 
als or  railroad  companies;  nor  shall  such  lands 
he     sold     to     corporations     or     associations     for     a 

106 


1682  Journal  of  Alabama 

less  price  than  that  for  which  they  are  subject 
to  sale  to  individuals;  provided,  that  nothins:  con- 
tained in  this  section  shall  prevent  the  Legislature 
from  granting  a  right  of  wav,  not  exceeding  one  hundred 
and  twenty-five  feet  in  width,  as  a  mere  easement,  to  rail- 
roads or  telegraph  or  telephone  lines  across  State  lands, 
and  the  Legislature  shall  never  dispose  of  the  land 
covered  by  such  right  of  way  except  subject  to  such  ease- 
ment. 

100.  No  obligation  or  liability  of  any  person,  as- 
sociation or  corporation  held  or  owned  by  this  State, 
or  by  any  county  or  other  municipality  thereof,  shall 
ever  be  remitted,  released  or  postponed,  or  in  any  way 
diminished,  by  the  Legislature;  nor  shall  such  liability 
or  obligation  be  extinguished  except  by  payment  there- 
of; nor  shall  such  liability,  or  obligation  be  ex- 
changed or  transferred  except  upon  payment  of 
its  face  value;  provided,  that  this  section  shall  not  pre- 
vent the  Legislature  from  providing  by  general  law  for 
the  compromise  of  doubtful  claims. 

101.  No  State  or  county  official  shall,  at  any 
time  during  his  term  of  office,  accept,  either  directly  or 
indirectly,  any  fee,  money,  office,  appointment,  employ- 
ment, reward  or  thing  of  value,  or  of  personal  advan- 
tage, or  the  promise  thereof,  to  lobby  for  or  against  any 
measure  pending  before  the  Legislature,  or  to  give  or 
withhold  his  influence  to  secure  the  passage  or  defeat 
of  any  such  measure. 

102.  The  Legislature  shall  never  pass  any  law  to 
authorize  or  legalize  any  marriage  between  any  white 
person  and  a  negro  or  descendant  of  a  negro. 

103.  The  Legislature  shall  provide  by  law  for  the 
regulation,  prohibition,  or  reasonable  restraint  of  com- 
mon carriers,  partnerships,  associations,  trusts,  mo- 
nopolies, and  combinations  of  capital,  so  as  to  prevent 
them  or  any  of  them  from  making  scarce  articles  of  ne- 
cessity, trade  or  commerce,  or  from  increrisi7i£r  v^- 
reasonably  the  cost  thereof  to  the  consumer,  or  prevent- 
ing reasonable  competition  in  any  calling,  trade  or 
business. 


Constitutional  Convention.  1683 

local  legislation. 

104.  The  Lejiislature  shall  not  pass  a  spe- 
cial, private  or  local  law  in  any  of  the  following 
cases : 

(1.) — Granting-  a   divorce; 

(2.) — Relieving  any  minor  of  the  disabilities  of  non- 
age; 

(3.) — Changing  the  name  of  any  corporation,  associa- 
tion or  individual ; 

(4.) — Providing  for  the  adopting  or  legitimizing  of 
any  child; 

(5.) — Incorporating  a  city,  town  or  village; 

(6.) — Granting  a  charter  to  any  corporation,  associa- 
tion or  individual ; 

(7.) — Establishing  rules  of  descent  or  distribution; 

(8.) — Kegulating  the  time  within  which  a  civil  or 
criminal  action  may  be  begun ; 

(9.) — Exempting  any  individual,  private  corporation 
or  association  from  the  operation  of  any  general  law ; 

(10.) — Providing  for  the  sale  of  the  property  of  any 
individual  or  estate; 

(11.) — Changing  or  locating  a  county  seat; 

(12.) — Providing  for  a  change  of  venue  in  any  case; 

(13.) — Regulating  the   rate  of  interest; 

(14.) — Fixing  the  punishment  of  crime; 

(15.) — Regulating  either  the  assessment  or  col- 
lection of  taxes,  except  in  connection  with  the  readjust- 
ment, renewal,  or  extension  of  existing  municipal  in- 
debtedness created  prior  to  the  ratification  of  the  Con- 
stitution of  eighteen  hundred  and  seventy-five; 

(16.) — Giving  effect  to  an  invalid  will,  deed  or-  other 
instrument ; 

(17.) — Authorizing  any  county,  city,  town,  vil- 
lage, district  or  other  political  subdivision  of 
a  county,  to  issue  bonds  or  other  securities 
unless  the  issuance  of  said  bonds  or  other  se- 
curities    shall     have     been     authorized     before     the 


1684  Journal  of  Alabama 

enactment  of  such  local  or  special  law,  by  a 
vote  of  the  duly  qualified  electors  of  such  county,  town- 
ship, city,  town,  village,  district  or  other  political  sub- 
division of  a  county,  at  an  election  held  for  such  pur- 
pose, in  the  manner  that  may  be  prescribed  by  law ;  pro- 
vided, the  Legislature  may  without  such  election,  pass 
special  laws  to  refund  bonds  issued  before  the  date  of 
the  ratification  of  this  Constitution ; 

(18.)- — ^Amending,  confirming  or  extending  the 
charter  of  any  private  municipal  corporation,  or  remit- 
ting the  forfeiture  thereof;  provided,  this  shall  not  pro- 
hibit the  Legislature  from  altering  or  re-arranging  the 
boundaries  of  any  city,  town  or  village; 

(19.) — Creating,  extending  or  impairing  any  lien; 

(20.) — Chartering  or  licensing  any  ferry,  road  or 
bridge ; 

(21.) — Increasing  the  jurisdiction  and  fees  of  Justices 
of  the  Peace  or  the  fees  of  Constables; 

(22.) — Establishing  separate  school    districts; 

(23.) — Establishing  separate  stock  districts; 

(21.) — Creating,  increasing  or  decreasing  fees,  per- 
centages or  allowances  of  public  officers; 

(25.) — Exempting  property  from  taxation  or  from 
levy  or  sale; 

(26.) — Exempting  any  person  from  jury,  road  or  other 
civil  duty; 

(27.) — Donating  any  lands  owned  by  or  under  control 
of  the  State  to  any  person  or  corporation; 

(28.) — Remitting  fines,  penalties  or  forfeitures; 

(29.) — Providing  for  the  conduct  of  elections 
or  designating  places  of  voting,  or  changing  the  boun- 
daries of  wards,  precincts  or  districts,  except  in  the  event 
of  the  organization  of  new  counties,  or  the  changing  of 
the  lines  of  old  counties; 

(30.) — Restoring  the  right  to  vote  to  persons  con- 
victed of  infamous  crimes,  or  crimes  involving  moral 
turpitude ; 

(31.) — Declaring  who  shall  be  liners  between  pre- 
cincts or  between  counties. 


Constitutional  Convention.  1685 

The  Legislature  shall  pass  general  laws  for  the 
cases  enumerated  in  this  section;  provided,  that  noth- 
ing in  this  section  or  article  shall  affect  the  right  of  the 
Legislature  to  enact  local  laws  regulating  or  prohibit- 
ing the  liquor  traffic ;  but  no  such  local  law  shall  be  en- 
acted unless  notice  shall  have  been  given  as  required  in 
Section  106  of  this  Constitution. 

105.  No  special,  private  or  local  law,  except  a  law  fix- 
ing the  time  of  holding  courts,  shall  be  enacted  in 
any  case  which  is  provided  for  by  a  general 
law,  or  when  the  relief  sought  can  be  given  by  any  court 
of  this  State;  and  the  Courts,  and  not  the  Legis- 
lature shall  judge  as  to  whether  the  matter  of  said  law 
is  provided  for  by  a  general  law,  and  as  to  w^hether  the 
relief  sought  can  be  given  by  any  court;  nor  shall  the 
Legislature  indirectly  enact  any  such  special, 
private  or  local  law  by  the  partial  repeal  of  a  general 
law. 

106.  No  special,  private  or  local  law  shall  be  passed 
on  any  subject  not  enumerated  in  Section  104  of  this 
Constitution,  except  in  reference  to  fixing  the  time  of 
holding  courts,  unless  notice  of  the  intention  to  apply 
therefor  shall  have  been  published,  without  cost  to  the 
State,  in  the  county  or  counties  where  the  matter  or 
thing  to  be  affected  may  be  situated,  which  notice  shall 
state  the  substance  of  the  proposed  law,  and  be  published 
at  least  once  a  week  for  four  consecutive  weeks  in  some 
newspaper  published  in  such  county  or  counties,  or  if 
there  is  no  newspaper  published  tlierein,  then  by  posting 
the  said  notice  for  four  consecutive  weeks  at  five  differ- 
ent places  in  the  county  or  counties  prior  to  the  intro- 
duction of  the  bill ;  and  proof  by  affidavit  that  said  notice 
has  been  given  shall  be  exhibited  to  each  house  of  the 
Legislature,  and  said  proof  spread  upon  the  Journal. 
The  courts  shall  pronounce  void  every  special,  private  or 
local  law  which  the  Journals  do  not  affirmatively  show 
was  passed  in  accordance  with  the  provisions  of  this 
section. 

107.  The  Legislature  shall  not,  by  a  special,  private 
or  local  law,  repeal  or  modify  any  special,  private  or 
local  law  except  upon  notice  being  given  and  shown 


1686  Journal  of  Alabama 

as  provided  in  the  last  preceding  section. 

108.  The  operation  of  a  general  law  shall  not  be  sus- 
pended for  the  benefit  of  any  individual,  private  cor- 
poration or  association;  nor  shall  any  individual, 
private  corporation  or  association  be  exempted 
from  the  operation  of  any  general  law  except  as  in  this 
article  otherwise  provided. 

109.  The  Legislature  shall  pass  general  laws 
under  which  local  and  private  interests  shall  be 
provided  for  and  protected. 

110.  A  general  law  within  the  meaning  of  this 
article  is  a  law  which  applies  to  the  whole  State;  a  local 
law  is  a  law  which  applies  to  any  political  subdivision 
or  subdivisions  of  the  State  less  than  the  whole;  a  spe- 
cial or  private  law  within  the  meaning  of  this  article 
is  one  which  applies  to  an  individual,  association  or 
corporation. 

111.  Xo  bill  introduced  as  a  general  law  in  either 
House  of  the  Legislature  shall  be  so  amended  on  its  pass- 
age as  to  become  a  special,  private  or  local  law. 

ARTICLE  V. 

EXECUTIVE  DEPARTMENT. 

112.  The  Executive  Department  shall  consist  of  a 
Grovernor,  Lieutenant  Grovernor,  Attorney  General, 
State  Auditor,  Secretary  of  State,  State  Treasurer,  Su- 
perintendent of  Education.  Commissioner  of  Agricul- 
ture and  Industries,  and  a  Sheriff  for  each  county. 

113.  The  supreme  executive  i)0wer  of  this  State 
shall  be  vested  in  a  chief  magistrate,  who  shall  be  styled 
^'The  Governor  of  the  State  of  Alabama." 

114.  The  Governor,  Lieutenant  Governor,  Attorney 
G"neral,  State  Auditor,  Secretary  of  State,  State  Treas- 
nrer.  Superintendent  of  Education  and  Commissioner  of 
Agriculture  and  Industries,  shall  be  elected  by  the 
qualified  electors  of  the  State  at  the  same  time  and 
places  appointed  for  the  election  of  members  of  the 
Legislature  in  the  year  nineteen  hundred  and  two,  and 
in  everv  fourth  vear  thereafter. 


Constitutional  Convention.  1687 

115.  Tlie  returns  of  every  election  for  Governor, 
Lieutenant  Clovernor,  Attorney  General,  State  Auditor, 
Secretary  of  State,  State  Treasurer,  Superintend- 
ent of  Education  and  Commissioner  of  Agricul- 
ture and  Industries  shall  ])e  sealed  up  and  trans- 
L-ritted  by  t]\e  returning  officers  to  the  seat  of  government, 
directed  to  the  Speaker  of  the  House  of  Representatives, 
who  shall,  during  the  first  week  of  the  session  to  which 
such  returns  shall  be  made,  open  and  publish  them  in  the 
presence  of  both  houses  of  the  Legislature  in  joint 
convention;  but  the  Speaker's  duty  and  the  duty 
of  the  joint  convention  shall  be  purelj^  ministerial.  The 
result  of  the  election  shall  be  ascertained  and  declared 
by  the  speaker  from  the  face  of  the  returns 
without  delay.  The  person  having  the  highest  number 
of  votes  for  any  one  of  said  offices  shall  be  declared  duly 
elected ;  but  if  two  or  more  persons  shall  have  an  equal 
and  the  highest  number  of  votes  for  the  same  office,  the 
Legislature  by  joint  vote,  without  delay,  shall  choose  one 
of  said  persons  for  said  office.  Contested  elections  for 
Governor,  Lieutenant  Governor,  Attorney  General,  State 
Auditor,  Secretary  of  State,  State  Treasurer,  Superin- 
tendent of  Education  and  Commissioner  of  Agriculture 
and  Industries  shall  be  determined  b}^  both  Houses  of  the 
Legislature  in  such  manner  as  may  be  prescribed  by  law. 

116.  The  Governor,  Lieutenant  Governor,  Attorney 
General,  State  Auditor,  Seci'etary  of  State,  State  Treas- 
urer, Superintendent  of  Education  and  Commissioner  of 
Agriculture  and  Industries,  elected  after  the  ratification 
of  this  Constitution,  shall  hold  their  respective  offices 
for  the  term  of  four  years  from  the  first  Monday  after 
the  second  Tuesday  in  January  next  succeeding  their 
election,  and  until  their  successors  shall  be  elected  and 
qualified.  After  the  first  election  under  this  Constitu- 
tion no  one  of  said  officers  shall  be  eligible  as  his  own 
successor;  and  the  Governor  shall  not  be  eligible  to  elec- 
tion or  appointment  to  any  office  under  this  State,  or  to 
the  Senate  of  the  United  States,  during  his  term,  and 
within  one  year  after  the  expiration  thereof. 

117.  The  Governor  and  Lieutenant  Governor  shall 
each  be  at  least  tbirty  years  of  age  when  elected    and 


1688  Journal  of  Alabama 

shall  have  been  citizens  of  the  United  States  ten  years 
and  resident  citizens  of  this  State  at  least  seven  years 
next  before  the  date  of  their  election.  The  Lieutenant 
Governor  shall  be  ex-officio  President  of  the  Senate^ 
but  shall  have  no  right  to  vote  except  in  the  event  of  a 
tie. 

118.  The  Governor,  Lieutenant  Governor,  Attorney 
General,  State  Auditor,  Secretary  of  State,  State  Treas- 
urer, Superintendent  of  Education,  and  Commissioner 
of  Agriculture  and  Industries  shall  receive  compensation 
to  be  fixed  by  law,  which  shall  not  be  increased  or  dimin- 
ished during  the  term  for  which  they  shall  have  been 
elected,  and  shall,  except  the  Lieutenant  Governor,  re- 
side at  the  State  Capital  during  the  time  they  continue 
in  office,  except  during  epidemics.  The  compensation  of 
the  Lieutenant  Governor  shall  be  the  same  as  that  re- 
ceived by  the  Speaker  of  the  House,  except  while  serv- 
ing as  Governor,  during  which  time  his  compensation 
shall  be  the  same  as  that  allowed  the  Governor. 

119.  If  the  Legislature,  at  the  session  next  after  the 
ratification  of  this  Constitution,  shall  enact  a  law  in- 
creasing the  salary  of  the  Governor,  such  increase  shall 
become  effective  and  apply  to  the  first  Governor  elected 
after  the  ratification  of  this  Constitution,  if  the  Legis- 
lature shall  so  determine. 

120.  The  Governor  shall  take  care  that  the  laws  be 
faithfully  executed. 

121.  The  Governor  may  require  information  in 
writing,  under  oath,  from  the  officers  of  the  Executive 
Department,  named  in  this  article,  or  created  by  statute, 
on  any  subject  relating  to  the  duties  of  their  respective 
offices;  and  he  may  at  any  time  require  information  in 
writing,  under  oath,  from  all  officers  and  managers  of 
State  institutions,  upon  any  subject  relating  to  the  con- 
dition, management  and  expenses  of  their  respective 
offices  and  institutions.  Any  such  officer  or  manager 
who  makes  a  wilfully  false  report  or  fails  without  suffi- 
cient excuse  to  make  the  required  report  on  demand,  is 
guiltv  of  an  impeachable  offense. 

122.  Tlie   Governor   may,   by   proclamation,   on   ex-  • 
traordinary      occasions,      convene      the      Legi;  hitnre 


Constitutional  Convention.  1689 

at  the  seat  of  government,  or  at  a  different  place  if, 
since  their  last  adjournment,  that  shall  have  become 
dangerous  from  an  enemy,  insurrection,  or  other  lawless 
outbreak,  or  from  any  infectious  or  contagious  disease; 
and  he  shall  state  specifically  in  such  proclamation  each 
matter  concerning  which  the  action  of  that  body  is 
deemed  necessary. 

123.  The  Governor  shall,  from  time  to  time, 
give  to  the  Legislature  information  of  the  state  of  the 
government,  and  recommend  for  its  consideration  such 
measures  as  he  may  deem  expedient;  and  at  the  com- 
mencement of  each  regular  session  of  the  Legislature, 
and  at  the  close  of  his  term  of  office,  he  shall  give  in- 
formation by  written  message  of  the  condition  of  the 
State;  and  he  shall  account  to  the  Legislature,  as 
may  be  prescribed  by  law,  for  all  moneys  received  and 
paid  out  by  him  or  by  his  order ;  and  at  the  commence- 
ment of  each  regular  session  he  shall  present  to  the 
Legislature  estimates  of  the  amount  of  money  re- 
quired to  be  raised  by  taxation  for  all  purposes. 

124.  The  Governor  shall  have  power  to  remit  fines 
and  forfeitures,  under  such  rules  and  regulations  as 
may  be  prescribed  by  law;  and,  after  conviction,  to 
grant  reprieves,  paroles,  commutations  of  sentence  and 
pardons,  except  in  cases  of  impeachment.  The 
Attorney  General,  Secretary  of  State  and  State 
Auditor  shall  constitute  a  Board  of  Pardons,  who 
shall  meet  on  the  call  of  the  Governor,  and  before  whom 
shall  be  laid  all  recommendations  or  petitions,  for  par- 
don, commutation  or  parole,  in  cases  of  felony;  and 
the  Board  shall  hear  them  in  open  session,  and  give 
their  opinion  thereon  in  writing  to  the  Governor,  after 
which  or  on  the  failure  of  the  board  to  advise  for  more 
than  sixty  days  the  Governor  may  grant  or  refuse  the 
commutation,  parole  or  pardon,  as  to  him  seems  best  for 
the  public  interest.  He  shall  communicate  to  the 
Legislature  at  each  session  every  remission  of 
fines  and  forfeitures,  and  every  reprieve,  com- 
mutation, parole,  or  pardon,  wdth  his  reasons  there- 
for, and  the  opinion  of  the  Board  of  Pardons  in  each 
case    renitired  to  be  referred,  slating  the  name  and  crime 


1690  Journal  of  Alabama 

of  the  convict,  the  sentence,  its  date,  and  the  date  of  re- 
prieve, commutation,  parole  or  pardon.  Pardons  in 
cases  of  felony  and  other  offenses  involving  moral  turpi- 
tude shall  not  relieve  from  civil  and  political  disabili- 
ties, unless  approved  by  the  Board  of  Pardons  and  spe- 
cifically expressed  in  the  pardon. 

125.  Every  bill  which  shall  have  passed  both  Houses 
•of  the  Legislature,  except  as  otherwise  provided  in  this 
Constitution,  shall  be  presented  to  the  Governor;  if  he 
approve,  he  shall  sign  it;  but  if  not,  he  shall 
return  it  with  his  objections  to  the  House  in 
which  it  originated,  which  shall  enter  the  ob- 
jections at  large  upon  the  Journal  and  proceed  to  re- 
consider it.  If  the  Governor's  message  proposes  no 
amendment  which  would  remove  his  objections  to  the 
bill,  the  House  in  which  the  bill  originated  may 
proceed  to  reconsider  it,  and  if  a  majority  of  the  whole 
number  elected  to  that  House  vote  for  the  passage  of  the 
bill,  it  shall  be  sent  to  the  other  House,  which 
shall  in  like  manner  reconsider  and  if  a  majority  of 
the  whole  number  elected  to  that  House  vote  for  the 
passage  of  the  bill,  the  same  shall  become  a  law,  notwith- 
standing the  Governor's  veto.  If  the  Governor's 
message  proposes  amendment  which  would  remove 
his  objections,  the  House  to  which  it  is  sent 
may  so  amend  the  bill  and  send  it  with  the 
Governor's  message  to  the  other  House,  which  may 
adopt,  but  cannot  amend,  said  amendment;  and  both 
Houses  concurring  in  the  amendment,  the  bill  shall 
again  be  sent  to  the  Governor  and  acted  on  by  him  as 
other  bills.  If  the  House  to  which  the  bill  is  re- 
turned refuses  to  make  such  amendment,  it  shall  proceed 
to  reconsider;  and  if  a  majority  of  the  whole  number 
elected  to  that  House  shall  vote  for  the  passage  of  the 
bill,  it  shall  be  sent  with  the  objections  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  a  majority  of  the  whole  number  elected  to 
that  House,  it  shall  become  a  law.  If  the  House  to  which 
the  bill  is  returned  makes  the  amendment  and  the  other 
House  declines  to  pass  the  same,  that  House  shall  pro- 
ireed  to  reconsider,  as  though  the  bill  had  originated 


Constitutional  Convention.  1691 

therein,  and  such  proceedings  shall  be  taken  thereon  as 
above  provided.  In  every  such  ease  the  vote  of  both 
Houses  shall  be  determined  by  yeas  and  nays  and  the 
names  of  the  members  voting  for  or  against  the  bill  shall 
be  entered  upon  the  Journals  of  each  House  respectively. 
If  any  bill  shall  not  be  returned  by  the  Governor  within 
six  days,  Sundays  excepted,  after  it  shall  have  been  pre- 
sented, the  same  shall  become  a  law  in  like  manner  as 
if  he  had  signed  it,  unless  the  Legislature,  by 
its  adjournment,  prevent  the  return,  in  which 
ease  it  shall  not  be  a  law;  but  when  return  is  prevented 
by  recess,  such  bill  must  be  returned  to  the  House  in 
which  it  originated  within  two  days  after  reassembling 
otherwise  it  shall  become  a  law,  but  bills  presented  to 
the  Governor  within  five  days  before  the  final  adjourn- 
ment of  the  Legislature  may  be  approved  by  the  Gover- 
nor at  any  time  within  ten  days  after  such  adjourn- 
ment, and  if  approved  and  deposited  with  the  Secretary 
of  State  within  that  time  shall  become  law.  Every  vote, 
order,  or  resolution  to  which  concurrence  of  both  Houses 
may  be  necessary,  except  on  questions  of  adjourn- 
ment and  the  bringing  on  of  elections  by  the  two  Houses, 
and  amending  this  Constitution,  shall  be  presented  to 
the  Governor ;  and,  before  the  same  shall  take  effect,  be 
approved  by  him ;  or,  being  disapproved,  shall  be  re- 
passed by  both  Houses  according  to  the  rules  and  limi- 
tations prescribed  in  the  case  of  a  bill. 

126.  The  Governor  shall  have  power  to  approve 
or  disapprove  any  item  or  items  of  any  appropriation 
bill  embracing  distinct  items,  and  the  part  or 
parts  of  the  bill  approved  shall  be  the  law ,  and  the  item 
or  items  disapproved  shall  be  void,  unless  repassed  ac- 
cording to  the  rules  and  limitations  prescribed  for  the 
passage  of  bills  over  the  Executive  veto;  and  he 
shall  in  writing  state  specifically  the  item  or  it  cms  he 
disapproves  setting  the  same  out  in  full  in  his 
message,  but  in  such  case  the  enrolled  bill  shall  not  be 
retiirned  with  the  Governor's  objection. 

127.  In  case  of  the  Governor's  removal  from  office, 
death  or  resignation,  the  Lieutenant  Governor  shall  be- 
come Governor.     If  both  the  Governor  and  Lieutenant 


1692  Journal  of  Alabama 

Grovernor  be  removed  from  office,  die,  or  resign 
more  than  sixty  days  prior  to  the  next  general  elec- 
tion for  membei*s  of  the  Legislature,  the  Oovernor  and 
Lieutenant  Governor  shall  be  elected  at  such  elec- 
tion for  the  unexpired  terra,  and  in  the  event 
of  a  vacancy  in  the  office,  caused  by  the  removal  from 
office,  death  or  resignation  of  the  Governor  and  the 
Lieutenant  Governor,  pending  such  vacancy  and  until 
their  successors  shall  be  elected  and  qualified,  the  office 
of  Governor  shall  be  held  and  administered  by  either 
the  President  pro  tem  of  the  Senate,  Speaker  of  the 
House  of  Representatives,  Attorney  General,  State  Audi- 
tor, Secretary  of  State,  or  State  Treasurer  in  the  order 
herein  namecl.  In  case  of  the  impeachment  of  the  Gover- 
nor, his  absence  from  the  State  for  more  than 
twenty  days,  unsoundness  of  mind,  or  other  dis- 
ability, the  power  and  authority  of  the  office 
shall,  until  the  Governor  is  acquitted,  returns  to  the 
State,  or  is  restored  to  his  mind,  or  relieved  from  other 
disability,  devolve  in  the  order  herein  named,  upon  the 
Lieutenant  Governor,  President  pro  tem  of  the  Senate, 
Speaker  of  the  House  of  Representatives,  Attorney  Gen- 
eral, State  Auditor,  Secretary  of  State,  and  State  Treas- 
urer. If  au}^  of  these  officers  be  under  any  of  the  disa- 
bilities herein  specified,  the  office  of  Governor  shall  be 
administered  in  the  order  named  by  such  of  these  officers 
as  mav  be  tree  from  such  disability.  If  the  Governor 
shall  be  absent  from  the  State  over  twenty  days,  the 
Secretary  of  State  shall  notify  the  Lieutenant  Governor, 
who  sliall  enter  upon  the  duties  of  Governor;  if  both  the 
Governor  and  Lieutenant  Governor  shall  be  absen^  from 
the  State  over  twenty  days,  the  Secretary  of  State 
shall  notify  the  President  pro  tem  of  the  Senate,  who 
shall  enter  upon  the  duties  of  Governor,  and  so  on,  !n 
case  of  such  absence,  he  shall  notify  each  of  the  other 
officers  named  in  their  order,  who  shall  discharge  the 
duties  of  the  office  until  tlie  Governor  or  other  officer  en- 
titled to  administer  the  office  in  succession  to  the  Gov- 
ernor returns.  If  the  Governor-elect  fail  or  refuse  from 
any  cause  to  qualify,  the  Lieutenant  Governor-elect  shall 
qualify  and  exercise  the  duties  of  Governor  until  the 


Constitutional  Convention.  1698 

Governor-elect  qualifies;  and,  in  the  event  both  the  Gov- 
ernor-elect and  the  Lieutenant  Governor-elect  from  any 
cause  fail  to  qualify  the  President  pro  tern  of  the  Senate, 
the  Speaker  of  the  House  of  Kepresentatives,  the  At- 
torney General,  State  Auditor,  Secretary  of  State,  and 
St'ite  Treasurer  shall  in  like  manner,  in  the  order 
named,  administer  the  office,  until  the  Governor-elect  or 
Lieutenant-Governor-elect  qualifies. 

128.  If  the  Governor  or  other  officer  administering 
the  office  shall  appear  to  be  of  unsound  mind,  it  shall  be 
the  duty  of  the  Supreme  Court  of  Alabama,  at  any  rei»u- 
lar  term,  or  at  any  special  term,  which  it  is  hereby 
authorized  to  call  for  that  purpose,  upon  request  in  writ- 
ing-, verified  by  their  affidavits,  of  any  two  of  the  officers 
named  in  Section  127  of  this  Constitution,  not  next  in 
succession  to  the  office  of  Governor,  to  ascertain  the 
mental  condition  of  the  Governor  or  other  officer  ad- 
ministering the  office,  and  if  he  is  adjudged  to  be  of.  un- 
sound mind,  to  so  decree  a  copy  of  which  decree,  duly 
certified,  shall  be  filed  in  the  office  of  the  Secretary  of 
State;  and  in  the  event  of  such  adjudication  it  shall  be 
the  duty  of  the  officer  next  in  succession  to  perforin  the 
duties  of  the  office  until  the  Governor  or  other  officer  ad- 
ministering the  office  is  restored  to  his  mind.  If  the  in- 
cumbent denies  that  the  Governor  or  other  person  en- 
titled to  administer  the  office  has  been  restored  to  his 
mind,  the  Supreme  Court,  at  the  instance  of  any  officer 
named  in  Section  127  of  this  Constitution,  shall  ascer- 
tain the  truth  concerning  the  same,  and  if  the  officer 
lias  been  restored  to  his  mind,  shall  so  adjudge  and  file 
a  duly  certified  copy  of  its  decree  with  the  Secretarv  of 
State;  and  in  the  event  of  such  adjudication,  the  office, 
shall  be  restored  to  him.  The  Supreme  Court  shall  pre- 
scribe the  method  of  taking  testimony  and  the  rules  of 
practice  in  such  proceedings,  which  rules  shall  include 
a  provision  for  the  service  of  notice  of  such  proceedings 
on  the  Governor  or  person  acting  as  Governor. 

129.  The  Lieutenant  Governor,  President  pro  tem 
of  the  Senate,  Speaker  of  the  House,  Attorney  General, 
State  Auditor,  Secretary  of  State,  or  State  Treasurer, 
while  administering  the  office  of  Governor,  shall  receive 


1694  Journal  of  Alabama 

like  compensation  as  that  prescribed  by  law  for  the  Gov- 
ernor, and  no  other. 

130.  No  person  shall  at  the  same  time  hold  the  office 
of  Governor  and  any  other  office,  civil  or  military,  under 
this  State  or  the  United  States  or  any  other  State  or 
government,  except  as  otherwise  provided  in  this  Con- 
stitution. 

131.  The  Governor  shall  be  commander  in  chief 
of  the  militia  and  volunteer  forces  of  this  State,  except 
when  they  shall  be  called  into  the  service  of  the  United 
States,  and  he  may  call  out  the  same  to  execute  the 
laws,  suppress  insurrection  and  repel  invasion ,  but  need 
not  command  in  person  unless  directed  to  do  so  by  reso- 
lution of  the  Legislature;  and  when  acting  in  the  service 
of  the  United  States,  he  shall  appoint  his  staff,  and  the 
Legislature  shall  fix  his  rank. 

132.  No  person  shall  be  eligible  to  the  office  of  Attor- 
ney General,  State  Auditor,  Secretary  of  State,  State 
Treasurer,  Superintendent  of  Education,  or  Commis- 
sioner of  Agriculture  and  Industries,  unless  he  shall 
have  been  a  citizen  of  the  United  States  at  least  seven 
years,  and  shall  have  resided  in  this  State  at  least  five 
years  next  preceding  his  election,  and  shall  be  at  least 
twenty-five  years  old  when  elected. 

133.  There  shall  be  a  seal  of  the  State  which 
shall  be  used  officially  by  the  Governor,  and  the  Seal 
now  in  use  shall  continue  to  be  used  until  another  shall 
have  been  adopted  by  the  Legislature.  The  seal  shall 
be  called  ''The  Great  Seal  of  the  State  of  Alabama.'- 

131.  The  Secretary  of  State  shall  be  the  custodian  of 
the  Great  Seal  of  the  State,  and  shall  authenticate  there- 
with all  official  acts  of  the  Governor,  except  his  ap- 
proval of  laws,  resolutions,  appointments  to  office  and 
administrative  orders.  He  shall  keep  a  register  of  the  offi- 
cial acts  of  the  Governor,  and  when  necessary,  shall  at- 
test them,  and  lay  copies  of  same,  together  with  copies 
of  all  papers  relative  thereto,  before  either  House  of  the 
Legislature  when  required  to  do  so,  and  shall  perform 
such  other  duties  as  may  be  prescribed  by  law. 

135.  All  grants  and  commissions  shall  be  issued 
in  the  name  and  by  the  authority  of  the  State  of  Ala- 


Constitutional  Convention.  1605 

bama,  sealed  with  the  Great  Seal  of  the  State,  signed 
by  the  Governor  and  countersigned  by  the  Secretary  of 
State. 

136.  Should  the  offtce  of  Attorney  General,  State 
Auditor,  Secretary  of  State,  State  Treasurer,  Superin- 
tendent of  Education,  or  Commisisoner  of  Agriculture 
and  Industries  become  vacant  from  any  cause,  the  Gov- 
ernor shall  fill  such  vacancy  until  the  disability  is  re- 
moved or  a  successor  elected  and  qualified.  In  case  any 
of  said  officers  shall  become  of  unsound  mind,  such  un- 
soundness shall  be  ascertained  by  the  Supreme  Court 
upon  the  suggestion  of  the  Governor. 

137.  The  Attorney  General,  State  Auditor,  Secretary 
of  State,  State  Treasurer,  Superintendent  of  Education, 
and  Commissioner  of  Agriculture  and  Industries  shall 
perform  such  duties  as  may  be  prescribed  by  law.  The 
State  Treasurer  and  State  Auditor  shall  every  year,  at 
a  time  fixed  by  the  Legislature,  make  a  full  and  com- 
plete report  to  the  Governor,  showing  the  receipts  and 
disbursements  of  every  character,  all  claims  audited  ai)  l 
paid  out,  by  items,  and  all  taxes  and  revenues  collected 
and  paid  into  the  treasury,  and  the  sources  thereof. 
They  shall  make  reports  oftener  upon  au}^  matters  ])er- 
taining  to  their  offices,  if  required  by  the  Governor  or  the 
Legislature.  The  Attorney  General,  State  Auditor,  Sec- 
retary of  State,  State  Treasurer  and  Commissioner  of 
Agriculture  and  Industries  shall  not  receive  to  their 
use  any  fees,  costs,  perquisites  of  office  or  other  com- 
pensation than  the  salaries  prescribed  b^^  law,  and  all 
fees  that  may  be  payable  for  any  services  performcjl 
such  officers  shall  be  at  once  paid  into  the  State  Treas- 
ury. 

138.  A  Sheriff  shall  be  elected  in  each  county  by 
the  qualified  electors  thereof,  who  shall  hold  office 
for  a  term  of  four  years,  unless  sooner  removed,  and 
he  shall  be  ineligible  to  such  office  as  his  own  successor ; 
provided,  that  the  terms  of  all  Sheriffs  expiring  in  the 
year  nineteen  hundred  and  four  are  hereby  extended 
until  the  time  of  the  expiration  of  the  terms  of  the  other 
executive  officers  of  this  State  in  the  year  nineteen  hun- 
dred and  seven,  unless  sooner  removed.  Whenever 
any  prisoner  is  taken  from  jail,  or  from  the 
custody  of  the  Sheriff  or  his  deputy,  and  put  to  death, 
or  suffers  grievous  bodily  harm,  owing  to  the  neglect, 


1696  Journal  of  Alabama 

counivance,  cowardice  or  otlier  grave  fault  of  the  Sheriff, 
such  Sheriff  may  be  impeached  under  Section  174  of  this 
Constitution.  If  the  Sheriff  be  impeached,  and  thereup- 
on convicted,  he  shall  not  be  eligible  to  hold  any  office  in 
this  State  during  the  time  for  which  he  had  been  elected 
or  appointed  to  serve  as  Sheriff. 

ARTICLE  VI. 

JUDICIAL   DEPARTMENT. 

139.  The  judicial  power  of  the  State  shall  be 
vested  in  the  Senate  sitting  as  a  court  of  impeachment, 
a  Supreme  Court,  Circuit  Courts,  Chancery  Courts, 
Courts  of  Probate,  such  courts  of  law  and  equity  infer- 
ior to  the  Supreme  Court  and  to  consist  of  not  more 
than  five  members,  as  the  Legislature  from  time 
to  time  may  establish,  and  such  persons  as  may  be  by  law 
invested  with  powers  of  a  judicial  nature;  but  no  court 
of  general  jurisdiction,  at  law  or  in  equity,  or  both, 
shall  hereafter  be  established  in  and  for  any  one  county 
having  a  i>opulation  of  less  than  twenty  thousand,  ac- 
cording to  the  next  preceding  Federal  census,  and  prop- 
erty assessed  for  taxation  at  a  less  valuation  than  three 
million  five  hundred  thousand  dollars. 

140.  Except  in  cases  otherwise  directed  in  this 
Constitution,  the  Supreme  Court  shall  have  appellate 
jurisdiction  only,  which  shall  be  coextensive  with  the 
State,  under  such  restrictions  and  regulations,  not  re- 
pugnant to  this  Constitution,  as  may  from  time  to  time 
be  prescribed  by  law,  except  where  jurisdiction  over  ap- 
peals is  vested  in  some  inferior  court,  and  made  final 
therein;  provided,  that  the  Supreme  Court  shall  have 
power  to  issue  writs  of  injunction,  habeas  corpus,  quo 
warranto,  and  such  other  remedial  and  original  writs  as 
may  be  necessary  to  give  it  a  general  superintendence 
and  control  of  inferior  jurisdictions. 

141.  The  Supreme  Court  shall  be  held  at  the  seat 
of  government,  but,  if  that  shall  become  dangerous  from 
any  cause,  it  may  convene  at  or  adjourn  to  another 
place. 


OOxVSTITUTIOxXAL  CONVENTION.  1697 

142.  Except  as  otherwise  authorized  in  this  arti- 
cle, the  State  shall  be  divided  into  convenient  circuits. 
For  each  circuit  there  shall  be  chosen  a  judge,  who 
shall,  for  one  year  next  preceding  his  election  and  dur- 
ing liis  continuance  in  office,  reside  in  the  circuit  for 
which  he  is  elected. 

143.  The  Circuit  Court  shall  have  original  juris- 
diction in  all  matters  civil  and  criminal  within  the 
State  not  otherwise  excepted  in  this  Constitution;  but 
in  civil  cases,  other  than  suits  for  libel,  slander,  assault 
and  battery,  and  ejectment,  it  shall  have  no  original 
jurisdiction  except  where  the  matter  or  sum  in  contro- 
versy exceeds  fifty  dollars. 

144.  A  Circuit  Court,  or  a  court  having  the  juris- 
•dlction  of  the  Circuit  Court,  shall  be  held  in  each  county 
in  the  State  at  least  twice  in  every  year,  and  judges  of 
the  several  courts  mentioned  in  this  section  may  hold 
court  for  each  other  when  they  deem  it  expedient,  and 
shall  do  so  when  directed  by  law.  The  judges  of  the  sev- 
eral courts  mentioned  in  this  section  shall  have  power  to 
issue  writs  of  injunction,  returnable  to  the  Courts  of 
Chancery,  or  courts  having  the  jurisdiction  of  Courts 
of  Chancery. 

145.  The  Legislature  shall  have  power  to 
establish  a  Court  or  Courts  of  Chancery,  with  original 
and  appellate  jurisdiction,  except  as  otherwise  author- 
ized in  this  article.  The  State  shall  be  divided  by  the 
Legislature  into  convenient  Chancery  divisions; 
each  division  shall  be  divided  into  districts,  and  for  each 
division  there  shall  be  a  chancellor,  who  shall  have  re- 
sided in  the  division  for  which  he  shall  be  elected  or  ap- 
pointed, for  one  year  next  preceding  his  election  or  ap- 
pointment, and  shall  reside  therein  during  his  continu- 
ance in  office. 

146.  A  Chancery  Court,  or  a  court  having  the  juris- 
diction of  the  Chancery  Court,  shall  be  held  in  ea:h  dis- 
trict, i't  a  place  to  be  fixed  by  law,  at  least  twice  in  each 
year,  and  the  chancellors  may  hold  court  for  each  other 
when  they  deem  it  necessary,  and  shall  do  so  when  di- 
rected by  law. 

107 


1698  Journal  of  Alabama 

147.  Any  county  having  a  population  of  twenty  thou- 
sand or  more,  according  to  the  next  preceding  Federal 
census,  and  also  taxable  property  of  three  mil- 
lion fiye  hundred  thousand  dollars  or  more  in  value, 
according  to  the  next  preceding  assessment  of  property 
for  State  and  county  taxation,  need  not  be  included  in 
any  circuit  or  chancery  division ;  but  if  the  value  of  its 
taxable  property  shall  be  reduced  below  that  limit,  or 
if  its  population  shall  be  reduced  below  that  number^ 
the  Legislature  shall  include  such  county  in  a 
circuit  and  chancery  division  or  either,  embracing  more 
than  one  county.  No  Circuit  or  Chancery  division  shall 
contain  less  than  three  counties,  unless  there  be  em- 
braced therein  a  county  having  a  population  of  twenty 
thou.sand  or  more,  and  taxable  property  of  three  million 
five  hundred  thousand  dollars  or  more  in  value, 

148.  The  Legislature  may  confer  upon  the  Circuit  Court 
or  the  Chancery  Court  the  jurisdiction  of  both  of  said 
courts.  In  counties  having  two  or  more  courts  of  rec- 
ord, the  Legislature  may  provide  for  the  consolidation 
of  all  or  unj  of  such  courts  of  record,  except  the  Probate 
Court,  with  or  without  separate  divisions,  and  a  suffi- 
cient number  of  judges  for  the  transaction  of  the  busi- 
ness of  such  consolidated  court. 

149.  The  Legislature  shall  have  power  to  establish 
in  each  county  a  court  of  Probate,  with  general  jurisdic- 
tion of  orphan's  business  and  with  power  to  grant 
letters  testamentary  and  of  administration;  pro- 
vided, that  whenever  any  court  having  equity 
powers  has  taken  jurisdiction  of  the  settlement  of  any 
estate,  it  shall  have  power  to  do  all  things  necessary  for 
the  settlement  of  such  estate,  including  the  appointment 
and  removal  of  administrators,  executors,  guardians  and 
trustees,  and  including  action  upon  the  resignation  of 
either  of  tliem. 

150.  Tlie  Justices  of  the  Supreme  Court,  Chancel- 
lors, and  the  Judges  of  the  Circuit  Courts  and  other 
courts  of  record,  except  Probate  Courts  shall  at  stated 
times,  receive  for  their  services  a  compensation  which 
shall  not  be  diminished  during  their  official  terms;  they 
shall  receive  no  fees  or  perquisites,  nor  hold  any  office, 
except  judicial  offices,  of  profit    or    trust    under    this 


Constitutional  Convention.  1699 

State  or  the  United  States,  or  any  other  government, 
during  the  term  for  which  they  have  been  elected  or  ap- 
pointed. 

151.  The  Supreme  Court  shall  consist  of  one 
Chief  Justice  and  such  number  of  Associate  Justices  as 
may  be  prescribed  by  law. 

152.  The  Chief  Justice  and  Associate  Justices  of  the 
Supreme  Court,  Judges  of  the  Circuit  Courts,  Judges  of 
Probate  Courts,  and  Chancellors  shall  be  elected  by  the 
qualified  electors  of  the  State,  circuits,  counties  and 
chancery  divisions,  for  which  such  courts  may  be  estab- 
lished, at  such  times  as  may  be  prescribed  by  law,  except 
as  herein  otherwise  provided. 

153.  The  Judges  of  such  inferior  courts  of  law 
and  equity  as  may  be  by  law  established,  shall  be  elected 
or  appointed  in  such  mode  as  the  Legislature  may  pre- 
scribe, 

154.  Chancellors  and  Judges  of  all  eourts  of  rec- 
ord, shall  have  been  citizens  of  the  United  States  and 
of  this  State  for  five  years  next  preceding  their  election 
or  appointment,  and  shall  not  be  less  than  twenty-five 
years  of  age,  and,  except  Judges  of  Probate  Courts,  shall 
be  learned  in  the  law. 

155.  Except  as  otherwise  provided  in  this  article, 
the  Chief  Justice  and  Associate  Justices  of  the 
Supreme  Court,  Circuit  Judges,  Chancellors,  and 
Judges  of  Probate,  shall  hold  office  for  the  term 
of  six  years,  and  until  their  successors  are 
elected  or  appointed,  and  qualified;  and  the  right 
of  such  Judges  and  Chancellors  to  hold  their  offices  for 
the  full  term  hereby  prescribed  shall  not  be  affected  by 
any  change  hereafter  made  by  law  in  any  circuit,  divi- 
sion or  county,  in  the  mode  or  time  of  election. 

156.  The  Ch^ef  Justice  and  Associate  Justices  of  the 
Supreme  Court  shall  be  chosen  at  an  election  to  be  held 
at  the  time  and  places  fixed  by  law  for  the  election  of 
members  of  the  House  of  Representatives  of  the  Con- 
gress of  the  United  States,  until  the  Legislature 
shall  by  law  change  the  time  of  holding  such  election. 
The  term  of  office  of  the  Chief  Justice,  who  shall  be 
elected  in  the  year  nineteen  hundred  and  four,  shall  be 
as  provided  in  the  last  preceding  section.     The  succes- 


1700  Journal  of  Alabama 

sors  of  the  two  Associate  Justices  elected  in  the  year 
nineteen  liundred  and  four  shall  be  elected  in  the  year 
nineteen  hundred  and  six,  and  the  successors  of  the  other 
two  Associate  Justices  elected  in  nineteen  hundred  and 
four  shall  be  elected  in  the  year  nineteen  hundred  and 
eight.  The  Associate  Justices  of  said  court  elected  in 
the  year  nineteen  hundred  and  four  shall  draw  or  cast 
lots  among  themselves  to  determine  which  of  them  shall 
hold  office  for  the  terms  ending,  respectively,  in  the  years 
nineteen  hundred  and  six  and  nineteen  hundred  and 
eight,  and  until  their  respective  successors  are  elected 
or  appointed  and  qualified.  The  result  of  such  determi- 
nation shall  be  certified  to  the  Governor,  by  such  Asso- 
ciate Justices,  or  a  majority  of  them,  prior  to  the  first 
day  of  January,  nineteen  hundred  and  five,  and 
such  certificate  shall  be  entered  upon  the  min- 
utes of  the  court.  In  the  event  of  the  failure  of  said  As- 
sociate Justices  to  make  and  certify  such  determination, 
the  Governor  shall  designate  the  terms  for  which  they 
shall  respectively  hold  office,  as  above  provided,  and 
shall  issue  his  proclamation  accordingly.  In  the  event 
of  an  increase  or  reduction  by  law  of  the  number  of  As- 
sociate Justices  of  the  Supreme  Court,  the  Legislature 
shall,  as  nearly  as  may  be,  provide  for  the  elec- 
tion, each  second  year,  of  one-third  of  the  members  of 
said  court. 

157.  All  judicial  officers  within  their  respective 
jurisdictions  shall,  by  virtue  of  their  offices,  be  conser- 
vators of  the  peace. 

158.  Vacancies  in  the  office  of  any  of  the  Justices  of 
the  Supreme  Court  or  Judges  who  hold  office  by  election, 
or  Chancellors,  of  this  State,  shall  be  filled  by  appoint- 
ment by  the  Governor.  The  appointee  shall  hold  his 
office  until  the  next  general  election  for  any  State  offi- 
cer held  at  least  six  months  after  the  vacancy  oc- 
curs, and  until  his  successor  is  elected  and  qualified; 
the  successor  chosen  at  such  election  shall  hold  office 
for  the  unexpired  term  and  until  his  successor  is  elected 
and  qualified. 

159.  Whenever  any  new  circuit  or  chancery  divi- 
sion is  created  the  Judge  or  Chancellor  therefor  shall 
be  elected  at  the  next  general  election  for  any  State 
of  the  United  States. 


Constitutional  Convention.  1701 

officer  for  a  term  to  expire  at  the  next  general  election 
for  Circuit  Judges  and  Chancellors;  provided,  that  if 
said  new  circuit  or  chancery  division  is  ereated  more 
than  six  months  before  such  general  election  for  any 
State  officer,  the  Governor  shall  appoint  some  one  as 
Judge  or  Chancellor,  as  the  case  may  be,  to  hold  the 
office  until  such  election. 

160.  If  in  any  case,  civil  or  criminal,  pending  in  any 
Circuit  Court,  Chancery  Court,  or  in  any  court  of  gen- 
eral jurisdiction  having  an}^  part  of  the  juris- 
diction of  a  Circuit  and  a  Chancery  Court,  or 
either  of  them,  in  this  State,  the  presiding  Judge  or 
Chancellor  shall,  for  any  legal  cause,  be  incompetent 
to  try,  hear  or  render  judgment  in  such  case,  the  parties, 
or  their  attorneys  of  record,  if  it  be  a  civil  case,  or  the 
solicitor  or  prosecuting  officer,  and  the  defendant  or  de- 
fendants, if  it  be  a  criminal  case,  may  agree  upon  some 
disinterested  person  practicing  in  the  court  and  learned 
in  the  law,  to  act  as  special  judge  or  chancellor  to  sit 
as  a  court,  and  to  hear,  decide  and  render  judgment  in 
the  same  manner  and  to  the  same  effect  as 
such  incompetent  Chancellor  or  Judge  could  have 
rendered  but  for  such  incompetency.  If  the 
case  be  a  civil  one,  and  the  parties  or  their  attorneys  of 
record  do  not  agree ;  or  if  it  be  a  criminal  one,  and  the 
prosecuting  officer  and  the  defendant  or  defendants  do 
not  agree  upon  a  special  Judge  or  Chancellor,  or  if 
either  party  in  a  civil  cause  is  not  represented  in  court, 
the  TJegister  in  Chancery  or  the  clerk  of  such  Circuit 
or  other  court  in  which  said  cause  is  pending,  shall  ap- 
point a  special  Judge  or  Chancellor,  who  shall  preside, 
try  and  render  judgment  as  in  this  section  provided. 
The  Legislature  may  prescribe  other  methods  for  v5up- 
plying  special  Judges  in  such  cases. 

161.  The  Legislature  shall  have  power  to  pro- 
vide for  the  holding  of  Chancery  and  Circuit  Courts, 
and  for  the  holding  of  courts  having  the  jurisdiction  of 
Circuit  and  Chancery  Courts,  or  either  of  them,  when 
the  Chancellors  or  Judges  thereof  fail  to  attend  regular 
terms. 

162.  No  Judge  of  any  court  of  record  in  this  State 
shall  practice  law  in  any  of  the  courts  of  this  State  or 


1702  JoiRNAL  OF  Alabama 

163.  Registers  in  Chancery  shall  be  appointed  by 
the  Chancellors  of  the  respective  divisions,  and  shall 
have  been  at  least  twelve  months  before  their  appoint- 
ment, and  shall  be  at  the  time  of  their  appointment  and 
during  their  continuance  in  office,  resident  citizens  of 
the  district  for  which  they  are  appointed.  They  shall 
hold  office  for  the  term  for  which  the  Chancellor  making 
such  appointment  was  elected  or  appointed.  Such  regis- 
ters shall  receive  as  compensation  for  their  ser- 
vices only  such  fees  and  commissions  as  may  be  spe- 
cifically prescribed  by  law,  which  fees  shall  be  uniform 
throughout  the  State. 

161.  The  clerk  of  the  Supreme  Court  shall  be  ap- 
pointed by  the  Judges  thereof,  and  shall  hold  office  for 
the  term  of  six  years;  and  the  clerks  of  such  inferior 
courts  as  may  be  established  by  law  shall  be  selected 
in  such  manner  as  the  Legislature  may  provide. 

165.  Clerks  of  the  Circuit  Court  shall  be  elected 
by  the  qualified  electors  in  each  county  for  the  term  of 
six  years,  and  may,  when  appointed  by  the  Chancellor, 
also  fill  the  office  of  Eegister  in  Chancery.  Vacancies 
in  such  office  of  clerk  shall  be  filled  by  the  Judge  of  the 
Circuit  Court  for  the  unexpired  term. 

166.  The  clerk  of  the  Supreme  Court  and  regis- 
ters in  Chancery  may  be  removed  from  office  by  the  Jus- 
tices of  the  Supreme  Court,  and  by  the  Chancellors,  re- 
spectively, for  cause,  to  be  entered  at  length  upon  the 
minutes  of  the  court. 

167.  A  Solicitor  for  each  Judicial  Circuit  or  other 
territorial  subdivision  prescribed  by  the  Legislature, 
shall  be  elected  by  the  qualified  electors  of  those  counties 
in  such  circuit  or  other  territorial  subdivision  in  which 
such  Solicitor  prosecutes  criminal  cases,  and  such  Soli- 
citor shall  be  learned  in  the  law,  and  shall  at  the  time 
of  his  election  and  during  his  continuance  in  office,  re- 
side in  a  county  (in  the  circuit)  in  which  he  prosecutes 
criminal  cases,  or  other  territorial  subdivision  for  which 
he  is  elected, and  his  term  of  office  shall  be  four  years, and 
he  shall  receive  no  other  compensation  than  a  salary, 
to  be  prescribed  by  law,  which  shall  not  be  increased 
during  the  term  for  which  he  was  elected;  provided,  that 


Constitutional  Convention.  1703 

this  article  shall  not  operate  to  abridge  the  term  of  any 
Solicitor  now  in  office;  and,  provided  further,  that  the 
Solicitors  elected  in  the  year  nineteen  hundred  and  four 
.shall  hold  office  for  six  years,  and  until  their  successors 
are  elected  and  qualified ;  and  provided  further,  that  the 
Legislature  may  provide  by  law  for  the  appointment  by 
the  Governor  or  the  election  by  the  qualified  electors  of 
n  county  of  a  Solicitor  for  anv  county. 

168.  In  each  precinct  not  lying  within,  or  partly 
within,  any  city  or  incorporated  town  of  more 
than  fifteen  hundred  inhabitants,  there  shall  be 
elected  by  the  qualified  electors  of  such  precinct  not  ex- 
ceeding two  Justices  of  the  Peace  and  one  Constable. 
Where  one  or  more  precincts  lie  within,  or  partly  with- 
in, a  city  or  incorporated  town  having  more  than 
fifteen  hundred  inhabitants,  the  Legislature  may 
provide  by  law  for  the  election  of  not  more 
than  two  Justices  of  the  Peace  and  one  Constable,  for 
each  of  such  precincts,  or  an  inferior  court  for  such 
precinct  or  precincts,  in  lieu  of  all  Justices  of  the  Peace 
therein.  Justices  of  the  Peace,  and  the  inferior  courts  in 
this  section  provided  for,  shall  have  jurisdiction 
in  all  civil  cases  where  the  amount  in  contro- 
versy does  not  exceed  one  hundred  dollars,  ex- 
cept in  cases  of  lil)el,  slander,  assault  and 
battery,  and  ejectment.  The  Legislature  may  pro- 
vide by  law  Avhat  fees  may  be  charged  by  Justices  of  the 
Peace  and  Constables,  which  fees  shall  be  uniform 
throughout  the  State.  The  right  of  appeal  from  any 
judgment  of  a  Justice  of  the  Peace,  or  from  any  infer- 
ior court  authorized  by  this  section,  without  the  prepay- 
ment of  costs,  and  also  the  term  of  office  of  such  Jus- 
tices, and  of  the  Judges  of  such  inferior  courts,  and  of 
Notaries  Public,  shall  be  provided  for  by  law.  The  Gov- 
ernor may  appoint  Notaries  Public  witliout  the  powers 
of  a  Justice  of  the  Peace,  and  may,  except  where  other- 
wise provided  by  an  act  of  the  Legislature,  ap- 
point not  more  than  one  Notary  Public  with  all  of  the 
powers  and  jurisdiction  of  a  Justice  of  the  Peace  for 
each  precinct  in  which  the  election  of  Justices  of  the 
Peace  shall  be  authorized. 

169.  In  all  prosecutions  for  rape  and  assault  with 
intent  to  ravish,  the  court  may,  in  its  discretion,  exclude 


1704  Journal  of  Alabama 

from  the  court  room  all  persons,  except  such  as  may  be 
necessary  in  the  conduct  of  the  trial. 

170.  The  style  of  all  process  shall  be  "The  State 
of  Alabama"  and  all  prosecutions  shall  be  carried  on  in 
the  name  and  by  the  authority  of  the  same,  and  shall 
conclude  "Against  the  peace  and  dignity  of  the  State." 

171.  The  Legislature  shall  have  the  power  to 
abolish  any  court,  except  tlie  Supreme  Court  and  the 
Probate  Courts,  whenever  its  jurisdiction  and  func- 
tions have  been  conferred  upon  some  other  court. 

172.  Nothing  in  this  article  shall  be  so  construed  as 
to  abridge  the  term  of  office  of  any  officer  now  in  office. 

AETICLE  VII. 

IMPEACHMENTS. 

173.  The  Governor,  Lieutenant  Governor,  Attorney 
General,  State  Auditor,  Secretary  of  State,  State  Treas- 
urer, Superintendent  of  Education,  Commissioner  of 
Agriculture  and  Industries  and  Justices  of  the  Supreme 
Court  may  be  removed  from  office  for  wilful  neglect  of 
duty,  corruption  in  office,  incompetency,  or  intemper- 
ance in  the  use  of  intoxicating  liquors  or  narcotics  to 
such  an  extent,  in  view  of  the  dignity  of  the  office  and 
importance  of  its  duties,  as  unfits  the  officer  for  the  dis- 
charge of  such  duties,  or  for  any  offense  involving 
moral  turpitude  while  in  office,  or  committed  under 
color  thereof,  or  connected  therewith,  by  the  Senate  sit- 
ting as  a  court  of  impeachment,  under  oath  or  affirma- 
tion, on  articles  or  charges  preferred  by  the  House  of 
Kepresentatives.  When  the  Governor  or  Lieutenant- 
Governor  is  impeached,  the  Chief  Justice,  or  if  he  be  ab- 
sent or  disqualified,  then  one  of  the  Associate  Justices 
of  the  Supreme  Court  to  be  selected  by  it,  shall  preside 
over  the  Senate  when  sitting  as  a  court  of  impeachment. 
If  at  any  time  when  the  Legislature  is  not  in  session,  a 
majority  of  all  the  members  elected  to  the  TTou-e  of 
Eepresentatives  shall  certify  in  writing  to  the  Secretary 
of  State  their  desire  to  meet  to  consider  the  impeach- 
ment of  the   Governor,   Lieutenant-Governo:'   or   other 


Constitutional  Convention.  1705 

officer  administering  the  office  of  Governor,  it  shall  be 
the  duty  of  the  Secretary  of  State  immediately  to  notify 
the  Speaker  of  the  House,  who  shall,  Avithin  ten  days 
after  receipt  of  such  notice  summon  the  members  of  the 
House  b}''  publication  in  some  newspaper  pul)lished  at 
the  Capital,  to  assemble  at  the  Capitol  on  a  day  to  be 
fixed  by  the  Speaker,  not  later  than  fifteen  days  after 
the  receipt  of  the  notice  to  him  from  the  Secretary  of 
State,  to  consider  the  impeachment  of  the  Governor, 
Lieutenant  Governor  or  other  officer  administerino'  the 
office  of  Governor.  If  the  House  of  Representatives  pre- 
fer articles  of  impeachment,  the  Speaker  of  the  House 
shall  forthAvith  notify  the  Lieutenant  Governor,  unless 
he  be  the  officer  impeached,  in  which  event  he  shall  notify 
the  Secretary'  of  State,  who  shall  summon,  in  the  num- 
ner  hereinabove  provided  for,  the  members  of  the  Senate 
to  assemble  at  the  Capitol  on  a  day  to  be  named  in  said 
summons,  not  later  than  ten  days  after  receipt  of  the 
notice  from  the  Speaker  of  the  House,  for  the  purpose 
of  organizing  as  a  court  of  impeachment.  The  Senate, 
when  thus  organized,  shall  hear  and  try  such  articles  of 
impeachment  against  the  Governor,  Lieutenant  Gover- 
nor or  other  officer  administerino-  the  office  of  Governor,, 
as  may  be  preferred  by  the  House  of  Representatives. 

174.  The  Chancellors,  Judges  of  the  Circuit  C'ourts, 
Judges  of  the  Probate  Courts,  and  Judges  of  other  courts 
from  which  an  appeal  nuiy  be  taken  directly  to  the  Sup- 
reme Court,  and  Solicitors  and  Slieriffs,  may  be  removed 
from  office  for  any  of  the  causes  specified  in  the  preced- 
ing section  or  elsewhere  in  this  Constitution,  by  the 
Supreme  Court,  undej'  such  regulations  as  may  be  pre- 
scribed by  law.  The  Legislature  may  provide  for  the 
impeachment  or  removal  of  other  officers  than  those 
named  in  this  article. 

175.  The  Clerks  of  the  Circuit  Courts,  or  courts  of  like 
jurisdiction,  of  Criminal  Courts,  Tax  Collectors,  Tax 
Assessors,  County  Treasurers,  County  Superintendents 
of  Education,  Judges  of  inferior  courts  created  under 
authority  of  Section  168  of  this  Constitution,  Coroners, 
Justices  of  the  Peace,  Notaries  Public,  Constables,  and 
all  other  countv  officers.  Mayors,  intendants  and  all 
other  officers  of  incorporated  cities  and  towns  in  this 


1706  Journal  of  Alabama 

State,  may  be  removed  from  office  for  any  of  the  causes 
specified  in  Section  173  of  this  Constitution,  by  the  Cir- 
cuit or  other  courts  of  lilve  jurisdiction  or  a  Criminal 
Court  of  the  count}^  in  which  such  officers  hold  their 
office,  under  such  regulations  as  may  be  prescribed  by 
Jaw;  provided,  that  the  right  of  trial  by  jury  and  appeal 
in  such  cases  shall  be  secured. 

176.  The  penalties  in  cases  arising  under  the  three 
preceding  sections  shall  not  extend  beyond  removal 
from  office,  and  disqualifications  from  holding  office, 
under  tlie  autliority  of  this  State,  for  the  term  of 
which  the  officer  was  elected  or  appointed;  but  the  ac- 
cused shall  be  liable  to  indictment  and  punishment  as 
prescribed  by  law. 

ARTICLE  VIII. 

SUFFRAGE  AND  ELECTIONS. 

177.  Every  male  citizen  of  this  State  who  is  a 
citizen  of  the  United  States,  and  every  male  resident  of 
foreign  birth,  who,  before  the  ratification  of  this  Consti- 
tution, shall  have  legally  declared  his  intentions  to  be 
<3ome  a  citizen  of  the  United  States,  21  years  old  or  up- 
wards, not  laboring  under  any  of  the  disabilities  named 
in  this  article,  and  possessing  the  qualifications  re- 
quired by  it,  shall  be  an  elector,  and  shall  be  entitled  to 
vote  at  any  election  by  the  people;  provided,  that  all 
foreigners  who  have  legally  declared  their  intention  to 
become  citizens  of  the  United  States,  shall,  if  they  fail 
to  become  citizens  thereof  at  the  time  they  are  entitled 
to  become  such,  cease  to  have  the  right  to  vote  until  they 
become  such  citizens. 

178.  To  entitle  a  person  to  vote  at  any  election  by 
the  people,  he  shall  have  resided  in  the  State  at  least 
two  years,  in  the  county  one  year,  and  in  the  precinct 
or  ward  three  months,  immediately  preceding  the  elec- 
tion at  which  he  offers  to  vote,  and  he  shall  have  been 
dulv  registered  as  an  elector,  and  shall  have  paid  on  or 
before  the  first  day  of  February  next  preceding  the  date 
of  the  election  at  which  he  offers  to  vote,  all 
poll  taxes  due  from  him  for  the  year  nineteen 
liundred    and    one,    and    for    each    subsequent    year; 


Constitutional  Convention.  1707 

provided,  that  any  elector  who,  within  three 
months  next  preceding  the  date  of  the  election  at  which 
he  offers  to  vote,  has  removed  from  one  precinct  or 
ward  to  another  precinct  or  ward  in  the  same  county, 
incorporated  town  or  city,  shall  have  the  right  to  vote 
in  the  precinct  or  ward  from  which  he  has  so  removed, 
if  he  would  have  been  entitled  to  vote  in  such  precinct 
or  ward  but  for  such  removal. 

179.  All  elections  by  the  people  shall  be  by  bal- 
lot, and  all  elections  by  persons  in  a  representative 
capacity  shall  be  viva  voce. 

180.  The  following  male  citizens  of  this  State,  who 
are  citizens  of  the  United  States,  and  everj^  male  resi- 
dent of  foreign  birth  who,  before  the  ratification  of  this 
Constitution,  shall  have  legally  declared  his  intention  to 
become  a  citizen  of  the  United  States,  and  who  shall  not 
have  had  an  opportunity  to  perfect  his  citizenship  prior 
to  the  twentieth  day  of  December,  nineteen  hun- 
dred and  two,  twenty-one  years  old  or  upwards, 
who,  if  their  place  of  residence  shall  remain 
unchanged,  will  have,  at  the  date  of  the  next 
general  election  the  qualifications  as  to  residence 
prescribed  in  Section  178  of  this  Constitution,  and  who 
are  not  disqualified  under  Section  182  of  this  Constitu- 
tion, shall,  upon  application,  be  entitled  to  register  as 
electors  prior  to  the  twentieth  day  of  December,  nine- 
teen hundred  and  two,  namely: 

First — All  who  have  honorably  served  in  the  land  or 
naval  forces  of  the  United  States  in  the  war  of  1812,  or 
in  the  war  with  Mexico,  or  in  any  war  with  the  Indians, 
or  in  the  war  between  the  States,  or  in  the  war 
with  Spain,  or  who  honorably  served  in  the  land  or 
naval  forces  of  the  Confederate  States,  or  of  the  State  of 
Alabama  in  the  war  between  the  States;  or. 

Second — The  lawful  descendants  of  persons  who  hon- 
orably served  in  the  land  or  naval  forces  of  the  United 
States  in  the  war  of  the  American  Revolution,  or  in  the 
war  of  1812,  or  in  the  war  with  Mexico,  or  in  any  war 
with  the  Indians,  or  in  the  War  between  the  States, 
or  in  the  land  or  naval  forces  of  the  Confederate  States, 
or  of  tlie  State  of  Alabama  in  the  war  between  the 
States;  or. 


1708  Journal  of  Alabama 

Third — All  persons  who  are  of  good  character  and 
who  understand  the  duties  and  obligations  of  citizen- 
ship under  a  republican  form  of  government. 

181.  After  the  first  day  of  January,  nineteen 
hundred  and  three,  the  following  persons,  and 
no  others,  who,  if  their  place  of  residence  shall 
remain  unchanged,  will  have,  at  the  date  of  the 
next  general  election,  the  qualifications  as  to  resi- 
dence prescribed  in  Section  178  of  this  article, 
shall  be  qualified  to  register  as  electors;  provided,  they 
shall  not  be  disqualified  under  Section  182  of  this  arti- 
cle : 

7irst — Those  who  can  read  and  write  any  arti- 
cle of  the  Constitution  of  the  United  States  in 
the  English  language,  and  who  are  physicalh^  unable  to 
work;  and  those  Avho  can  read  and  write  any  article  of 
the  Constitution  of  the  United  States  in  the  English 
language,  and  who  have  worked  or  been  regularly  en- 
gaged in  some  lawful  employment,  business  or  occupa- 
tion, trade  or  calling  for  the  greater  part  of  the  twelve 
months  next  preceding  the  time  they  offer  to  register; 
and  those  who  are  unable  to  read  and  write,  if  such  in- 
ability is  due  solely  to  physical  disability;  or. 

Second — The  owner  in  good  faith  in  his  own  right,  or 
the  husband  of  a  woman  who  is  the  owner  in  good  faith, 
in  her  own  right,  of  forty  acres  of  land  situate  in  this 
State,  upon  which  they  reside;  or  the  owner  in  good 
faith,  in  his  own  right,  or  the  husband  of  any  woman 
who  is  the  owner  in  good  faith,  in  her  own  right,  of  real 
estate  situate  in  this  State,  assessed  for  taxation  at  the 
value  of  three  hundred  dollars  or  more,  or  the  owner  in 
good  faith,  in  his  own  right,  or  the  husband  of  a  woman 
Avho  is  the  owner  in  good  faith,  in  her  own 
right,  of  personal  property  in  this  State  assessed 
for  taxation  at  three  hundred  dollars  or  more; 
provided,  that  the  taxes  due  upon  such  real  or  personal 
property  for  the  year  next  preceding  the  year  in  which 
he  offers  to  register  shall  have  been  paid,  unless  the  as- 
sessment shall  have  been  legally  contested  and  is  unde- 
termined. 

182.  The  following  persons  shall  be  disqualified, 
both  from  registering  and  from  voting,  namely: 


Constitutional  Convention.  1709 

All  idiots  and  insane  persons;  those  who  shall  by 
reason  of  conviction  of  crime  be  disqualified  from  vot- 
ing at  the  time  of  the  ratification  of  this  Constitution; 
those  who  shall  be  convicted  of  treason,  murder, 
arson,  embezzlement,  malfeasance  in  office,  larceny,  re- 
ceiving stolen  property,  obtaining  property  or  money 
under  false  pretenses,  perjury,  subornation  of  perjury, 
robbery,  assault  with  intent  to  rob,  burglary,  forgery, 
bribery,  assault  and  battery  on  the  wife,  bigamy,  living 
in  adultery,  sodomy,  incest,  rape,  miscegenation,  crime 
against  nature,  or  any  crime  punishable  by  imprison- 
ment in  the  penitentiary,  or  of  any  infamous  crime  or 
crime  involving  moral  turpitude;  also,  any  person  who 
shall  be  convicted  as  a  vagrant  or  tramp,  or  of  selling 
or  offering  to  sell  his  vote  or  the  vote  of  another,  or  buy- 
ing or  offering  to  bu}^  the  vote  of  another,  or  of  making 
or  offering  to  make  a  false  return  in  any  election 
by  the  people  or  in  any  primary  election  to  procure 
the  nomination  or  election  of  any  person  to  any  office, 
or  of  suborning  any  witness  or  registrar  to  secure  the 
registration  of  any  person  as  an  elector. 

183.  No  person  shall  be  qualified  to  vote  or  parti- 
cipate in  any  primary  election,  party  convention,  mass 
meeting,  or  other  method  of  party  action  of  any  politi- 
cal party  or  faction,  who  shall  not  possess  the  qualifica- 
tions prescribed  in  this  article  for  an  elector,  or  who 
shall  be  disqualified  from  voting  under  the  provisions  of 
this  article, 

184.  No  jDcrson,  not  registered  and  qualified  as 
an  elector  under  the  provisions  of  this  article  shall  vote 
at  the  general  election  in  nineteen  hundred  and  two,  or 
at  any  subsequent  State,  county  or  municipal  election, 
general,  local  or  special ;  but  the  provisions  of  this  arti- 
cle shall  not  apj^ly  to  any  election  held  prior  to  the  gen- 
eral election  in  the  3^ear  nineteen  hundred  and  two. 

185.  Any  elector  whose  right  to  vote  shall  be 
challenged  for  any  legal  cause  before  an  election  officer 
shall  be  required  to  swear  or  affirm  that  the  matter  of 
the  challenge  is  untrue  before  his  vote  shall  be  received, 
and  any  one  who  wilfully  swears  or  affirms  falsely  there- 
to shall  be  guilty  of  perjury,  and  upon  conviction  there- 
of shall  be  imprisoned  in  the  penitentiary  for  not  less 
than  one  nor  more  than  five  years. 


1710  Journal  ws  Alabama 

186.  The  Legislature  shall  provide  b}^  law 
for  the  registration,  after  the  first  day  of  January, 
nineteen  hundred  and  three,  of  all  qualified  electors. 
Until  the  first  day  of  January,  nineteen  hundred  and 
three,  all  electors  shall  be  registered  under  and  in 
accordance  with  the  requirements  of  this  Section  as 
follows : 

First — Eegistration  shall  be  conducted  in  each  county 
by  a  board  of  three  reputable  and  suitable  persons  resi- 
dent in  the  county,  who  shall  not  hold  any  elective  of- 
fice during  their  term,  to  be  appointed,  within  sixty 
days  after  the  ratification  of  this  Constitution,  by  the 
Governor,  Auditor  and  Commissioner  of  Agriculture  and 
Industries,  or  by  a  majority  of  them,  acting  as  a  Board 
of  Appointment.  If  one  or  more  of  the  persons  ap- 
pointed on  such  Board  of  Registration  shall  refuse,  neg- 
lect or  be  unable  to  qualify  or  serve,  or  if  a  vacancy  or 
vacancies  occur  in  the  membership  of  the  Board  of  Reg- 
istrars from  any  cause,  the  Governor,  Auditor  and  Com- 
missioner of  Agriculture  and  Industries,  or  a  majority 
of  them,  acting  as  a  Board  of  Appointment,  shall  make 
other  appointments  to  fill  such  Board.  Each  registrar 
shall  receive  two  dollars  per  day,  to  be  paid  by  the  State, 
and  disbursed  by  the  several  Judges  of  Probate,  for  each 
entire  days  attendance  upon  the  sessions  of  the  Board. 
Before  entering  upon  the  performance  of  the  duties 
of  his  office,  each  registrar  shall  take  the  same  oath  re- 
quired of  the  judicial  officers  of  the  State,  which  oath 
may  be  administered  by  any  person  authorized  by  law 
to  administer  oaths.  The  oath  shall  be  in  writing  and 
subscribed  by  the  registrar,  and  filed  in  the  office  of  the 
Judge  of  Probate  of  the  county. 

Second — Prior  to  the  first  day  of  August,  nineteen 
hundred  and  two,  the  Board  of  Registrars  in 
each  county  sliall  visit  each  precinct  at  least  once  and 
oftener  if  necessary  to  make  a  complete  registration 
of  all  persons  entitled  to  register,  and  shall  re- 
main there  at  least  one  day  from  eight  o'clock  in 
the  morning  until  sunset.  They  sIidII  give  at  least  twenty 
days'  notice  of  the  time  when,  and  the  place  in  the  pre- 
cinct where  they  will  attend  to  register  applicants  for 
registration,  by  bills  posted  at  five  or  more  public  places 
in  each  election  precinct,  and  by  advertisement  once  a 


CUXSTITUTIOXAL  CONVEXTION.  1711 

week  for  three  successive  weeks  in  a  newspaper,  if 
there  be  one  published  in  the  count3^  Upon  failure 
to  give  such  notice,  or  to  attend  any  appointment  made 
by  them  in  any  precinct,  they  shall,  after  like  notice, 
fill  new  appointments  therein;  but  the  time  consumed 
by  the  board  in  completing  such  registration  shall  not 
exceed  sixty  working  days  in  any  county,  except  that  in 
counties  of  more  than  nine  hundred  square  miles  in  area, 
such  board  may  consume  seventy-five  working  days  in 
completing  the  registration,  and  except  that  in 
counties  in  which  there  is  any  city  of  eight 
thousand  or  more  inhabitants,  the  board  may  re- 
main in  session,  in  addition  to  the  time  herein- 
before prescribed,  for  not  more  than  three  suc- 
cessive weeks  in  each  of  such  cities;  and  thereafter  the 
board  may  sit  from  time  to  time  in  each  of  such  cities  not 
more  than  one  week  in  each  month,  and  except  that  in 
the  county  of  Jefferson  the  board  may  hold  an  additional 
session  of  not  exceeding  five  consecutive  days  duration 
for  each  session,  in  each  town  or  city  of  more 
than  one  thousand  and  less  than  eight  thousand 
inhabitants.  No  person  shall  be  registered  at  the  county 
site  or  in  the  precinct  in  which  he  resides.  The  regis- 
trars shall  issue  to  each  person  registered  a  certificate 
of  registration. 

Third — The  board  of  registrars  shall  not  register  any 
person  between  the  1st  day  of  August,  nineteen  hundred 
and  two,  and  the  Friday  next  preceding  the  day  of 
election  in  November,  nineteen  hundred  and  two.  On 
Friday  and  Saturday  next  preceding  the  day  of  election 
in  November,  nineteen  hundred  and  two,  they  shall  sit 
in  the  court  house  of  each  county  during  such  days,  and 
shall  register  all  applicants  having  the  qualifications 
prescribed  by  Section  180  of  this  Constitution  and  not 
disqualified  under  Section  182,  who  shall  have  reached 
the  age  of  twenty-one  years  after  the  first  day  of  August^ 
nineteen  hundred  and  two,  or  who  shall  prave  to  the 
reasonable  satisfaction  of  the  board  that,  by  reason  of 
physical  disability  or  unavoidable  absence  from  the 
county,  they  had  no  opportunity  to  register  prior  to  the 
first  day  of  August,  nineteen  hundred  and  two,  and  they 
shall  not  on  such  days  register  any  other  persons.  When 
there  are  t^'o  or  more  court  houses  in  a  county,  the  regis- 


1712  Journal  of  Alabama 

trars  may  sit  during  sucli  two  days  at  the  court  house 
they  may  select,  but  shall  give  ten  daj^s'  notice,  by  bills 
posted  at  each  of  the  court  houses,  designating  the  court 
house  at  which  they  will  sit. 

Fourth — The  Board  of  Registrars  shall  hold  sessions 
at  the  eourt  house  of  their  respective  counties  during 
the  entire  third  week  in  November,  nineteen  hundred 
and  two,  and  for  six  working  days  next  prior  to  the 
twentieth  day  of  December,  nineteen  hundred  and 
two,  during  which  sessions  they  shall  register  all 
persons  applying  who  possess  the  qualifications  pre- 
scribed in  Section  180  of  this  Constitution,  and  who  shall 
not  be  disqualified  under  Section  182.  In  counties 
where  there  are  two  or  more  court  houses  the  Board  of 
Registrars  shall  divide  the  time  equally  betweei;^  them. 
The  Board  of  Registrars  shall  give  notice  of  the 
time  and  place  of  such  sessions  by  posting 
notices  at  each  court  house  in  their  respective  counties, 
and  at  each  voting  place  and  at  three  other  public 
places  in  the  county,  and  by  publication  once  a  week  for 
two  consecutive  weeks  in  a  newspaper,  if  one  be  pub- 
lished in  the  county;  such  notices  to  be  posted  and 
such  publications  to  be  commenced  as  early  as  practi- 
cable in  the  first  week  of  November,  nineteen  hundred 
and  two.  Failure  on  the  part  of  the  registrars  to  con- 
form to  the  provisions  of  this  article  as  to  the  giving  of 
the  required  notices  shall  not  invalidate  any  registration 
made  by  them. 

Fifth — The  Board  of  Registrars  shall  have  power  to 
examine  under  oath  or  affirmation  all  applicants  for 
registration,  and  to  take  testimony  touching  the  quali- 
fications of  such  applicants.  Each  member  of  such  board 
is  authorized  to  administer  the  oath  to  be  taken  by  the 
applicants  and  witnesses,  which  shall  be  in  the  follow- 
ing form,  and  subscribed  by  the  person  making  it,  and 
preserved  by  the  board,  namely :  "I  solemnly  swear 
(or  affirm  that  in  the  matter  of  the  application  of  .... 

for  registration  as  an  elector, 

I  will  speak  the  truth,  the  whole  truth,  and 
nothing  but  the  truth,  so  help  me  God."  Any 
person  who  upon  such  examination  makes  any 
wilfully  false  statement  in  reference  to  any  material 
matter  touching  the  qualification  of  any  applicant  for 
registration  shall  be  guilty  of  perjury,  and  upon  convict- 


Constitutional  Convention.  1713 

ion  thereof  shall  be  imprisoned  in  the  penitentiary  for 
not  less  than  one  nor  more  than  five  years. 

Sixth — The  action  of  the  majority  of  the  Board  of 
Registrars  shall  be  the  action  of  the  board,  and  a  ma- 
jority of  the  board  shall  constitute  a  quorum  for  the 
transaction  of  all  business.  Any  person  to  whom  regis- 
tration is  denied  shall  have  the  right  of  appeal,  without 
giving  security  for  costs,  within  thirt}^  days  after  such 
denial,  by  filing  a  petition  in  the  Circuit  Court 
or  Court  of  like  jurisdiction  held  for  the  county 
in  which  he  seeks  to  register,  to  have  his  qualifications 
as  an  elector  determined.  Upon  the  filing  of 
the  petition  the  clerk  of  the  court  shall  give  notice  there- 
of to  an}^  Solicitor  authorized  to  represent  the  State  in 
said  county,  whose  duty  it  shall  be  to  appear  and 
defend  against  the  petition  on  behalf  of  the  State.  Upon 
such  trial  the  court  shall  charge  the  jury  only  as  to 
what  constituted  the  qualifications  that  entitled  the  ap- 
plicant to  become  an  elector  at  the  time  he  applied  for 
registration,  and  the  jury  shall  determine  the  weight 
and  effect  of  the  evidence  and  return  a  verdict  From 
the  judgment  rendered  an  appeal  will  lie  to  the  Supreme 
Court  in  favor  of  the  petitioner,  to  be  taken  within 
thirty  days.  Final  judgment  in  favor  of  the  petitioner 
shall  entitle  him  to  registration  as  of  the  date  of  his  ap- 
plication to  the  registrars. 

Seventh — The  Secretary  of  State  shall,  at  the  expense 
of  the  State,  have  prepared  and  furnish  to  the 
registrars  and  Judges  of  Probate  of  the  several  counties 
a  sufficient  number  of  registration  books  and  of  bl^nk 
forms  of  oaths,  certificates  of  registraticm  and  notices 
required  to  be  given  by  the  registrars.  The  cost  of  the 
publication  in  newspapers  of  the  notices  required  to  be 
given  by  the  registrars  shall  be  paid  by  the  State,  the 
bills  therefor  to  be  rendered  to  the  Secretary  of  State 
and  approved  by  him. 

Eighth — Any  person  who  registers  for  another,  or  who 
registers  more  than  once,  and  any  registrar  who  enters 
the  name  of  any  person  on  the  list  of  registered  voters, 
without  such  person  having  made  application  in 
person  under  oath  on  a  form  provided  for  that  purpose, 

108 


1714  Journal  of  Alabama 

or  who  knowingh'  registers  any  person  more  than  once, 
or  who  knowingly  enters  a  name  upon  the  registration 
list  as  the  name  of  a  voter,  without  any  one  of  that 
name  applying  to  register,  shall  be  guilty  of  a  felony, 
and  upon  c-onviction  thereof  shall  be  imprisoned  in  the 
penitentiary  for  not  less  than  one  nor  more  than  five 
years. 

187.  The  Board  of  Eegistrars  in  each  county  shall,  on 
or  before  the  first  day  of  February,  nineteen 
hundred  and  three,  or  as  soon  thereafter  as  is 
practicable,  file  in  the  office  of  the  Judge  of 
Probate  of  their  county,  a  complete  list  sworn  to  by  them 
of  all  persons  registered  in  their  county,  showing  the  age 
of  such  persons  so  registered,  with  the  precinct  or  ward 
in  which  each  of  such  persons  reside  set  opposite  the 
name  of  such  persons  and  shall  also  file  a  like  list  in  the 
office  of  the  Secretary  of  State.  The  Judge  of 
Probate  shall,  on  or  before  the  first  day  of 
March,  nineteen  hundred  and  three,  or  as  soon 
thereafter  as  practicable,  cause  to  be  made  from  such 
list  in  duplicate,  in  the  books  furnished  by  the  Secre- 
tary of  State,  an  alphabetical  list  by  precincts  of  the 
persons  shown  by  the  list  of  the  registrars  to  have  been 
registered  in  the  county,  and  shall  file  one  of  such  alpha- 
betical lists  in  the  office  of  the  Secretary  of  State;  for 
which  services  by  the  Judges  of  Probate  compensation 
shall  be  provided  by  the  Legislature.  The  Judges  of  Pro- 
bate shall  keep  both  the  original  list  filed  by  the  regis- 
trars and  the  alphabetical  list  made  therefrom  as  rec- 
ords in  the  office  of  the  Judge  of  Probate  of  the  county. 
Unless  he  shall  become  disqualified  under  the  provis- 
ions of  this  article,  any  one  who  shall  register  prior  to 
the  first  day  of  January,  nineteen  hundred  and 
three,  shall  remain  an  elector  during  life,  and 
shall  not  be  required  to  register  again  unless 
he  changes  his  residence,  in  which  event  he  may 
register  again  on  production  of  his  certificate.  The  cer- 
tificate of  the  registrars  or  of  the  Judge  of  Probate  or  of 
the  Secretary  of  State  shall  be  sufficient  evidence  to  es- 
tablish the  fact  of  such  life  registration.  Such  certifi- 
cate shall  be  issued  free  of  charge  to  the  elector,  and  the 
Legislature  shall  provide  by  law  for  the  renewal  of  such 
certificate  when  lost,  mutilated  or  destroyed. 


Constitutional  Convention.  1715 

188.  From  and  after  the  first  day  of  January, 
nineteen  hundred  and  three,  any  applicant  for 
registration  may  be  .required  to  state  under 
oath,  to  be  administered  by  the  registrar  or  by 
any  person  autliorized  by  law  to  administer  oaths, 
where  he  lived  during  the  five  years  next  preceding  the 
time  at  which  he  applies  to  register,  and  the  name  or 
names  by  which  he  was  known  during  that  period,  and 
the  names  of  his  emi3loyer  or  employers^  if  any,  during 
such  period.  Any  applicant  for  registration  who  re- 
fuses to  state  such  facts,  or  any  of  them,  shall  not  be 
entitled  to  register,  and  any  person  so  offering  to  regis- 
ter, who  wilfullv  makes  a  false  statement  in  regard  to 
such  matters  or  any  of  them,  shall  be  guilty  of  perjury, 
and  upon  conviction  thereof  shall  be  imprisoned  in  the 
penitentiary  for  not  less  than  one  nor  more  than  five 
years. 

189.  In  the  trial  of  an}-  contested  election,  and  in 
proceedings  to  investigate  any  election,  and  in  criminal 
prosecutions  for  violations  of  the  election  laws,  no  person 
other  than  a  defendant  in  such  criminal  prose- 
cutions, shall  be  allowed  to  withhold  his  testi- 
mony on  the  ground  that  he  may  criminate  himself 
or  subject  himself  to  public  infamy;  but  such  person 
shall  not  be  prosecuted  for  any  offense  arising  out  of 
the  transaction  concerning  which  he  testified,  but  may 
be  prosecuted  for  perjury  committed  on  such  examina- 
tion. 

190.  The  Legislature  shall  pass  laws  not 
inconsistent  with  this  Constitution  to  regulate  and  gov- 
ern elections,  and  all  such  laws  shall  be  uniform 
throughout  the  State;  and  shall  provide  by  law  for  the 
manner  of  holding  elections  and  of  ascertaining  the  re- 
sult of  the  same,  and  shall  provide  general  registration 
laws  not  inconsistent  with  the  provisions  of  this  article, 
for  the  registration  of  all  qualified  electors  from  and 
after  the  first  day  of  January,  nineteen  hundred 
and  three.  The  Legislature  shall  also  make  pro- 
vision by  law,  not  inconsistent  with  this  arti- 
cle, for  the  regulation  of  primary  elections,  and 
for  punishing  frauds  at  the  same,  but  shall  not 
make     primary     elections     compulsory.        The     Leg- 


1716  Journal  of  Alabama 

islature  shall  by  law  provide  for  purging  the 
registration  list  of  the  names  of  those  who  die,  become  in- 
sane, or  convicted  of  crime  or,  otherwise  disqualified  as 
electors  under  the  provisions  of  this  Constitution,  and  of 
any  names  which  may  have  been  fraudulently  entered  on 
such  list  by  the  Registrars ;  provided,  that  a  trial  by  jury 
may  be  had  on  the  demand  of  any  person  whose  name  is 
proposed  to  be  stricken  from  the  list. 

191.  It  shall  be  the  duty  of  the  Legislature 
to  pass  adequate  laws  giving  protection  against  the 
€vils  arising  from  the  use  of  intoxicating  liquors  at 
all  elections. 

192.  Electors  shall  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  elections,  or  while  going  to 
or  returning  therefrom. 

193.  Returns  of  elections  for  members  of  the  Legislat- 
ure and  for  all  civil  officers  who  are  to  be  commissioned 
by  the  Oovernor,  except  the  Attorney  General,  State 
Auditor,  Secretary  of  State,  State  Treasurer,  Superin- 
tendent of  Education,  and  Commissioner  of  Agriculture 
and  Industries,  shall  be  made  to  the  Secretary  of  State. 

194.  The  poll  tax  mentioned  in  this  article  shall 
be  one  dollar  and  fifty  cents  upon  each  male 
inhabitant  of  the  State,  over  the  age  of  twenty- 
one  3'ears,  and  under  the  age  of  forty-five  years, 
who  would  not  now  be  exempt  by  law;  but 
the  Legislature  is  authorized  to  increase  the  maxi- 
mum age  fixed  in  this  section  to  not  more  than  sixty 
years.  Such  poll  tax  shall  become  due  and  payable  on 
the  first  day  of  October  in  each  year,  and  become  delin- 
quent on  the  first  day  of  the  next  succeeding  February, 
but  no  legal  process,  nor  any  fee  or  commission  shall  be 
allowed  for  the  collection  thereof.  The  Tax  Collector 
shall  make  returns  of  poll  tax  collections  separate  from 
other  collections. 

195.  Any  person  who  shall  pay  the  poll  tax  of  an- 
other, or  advance  him  money  for  that  purpose  in  order 
to  influence  his  vote,  shall  be  guilty  of  bribery,  and  upon 
conviction  thereof  shall  be  imprisoned  in  the  peniten- 
tiary for  not  less  than  one  nor  more  than  five  years. 

196.  If  any  section  or  subdivision  of  this  article 
shall,  for  any  reason  be  or  be  held  by  any  court  of  com- 
petent jurisdiction  and  of  final  resort  to  be,  invalid,  in- 


Constitutional  Convention.  1717 

operative  or  void,  the  residue  of  this  article  shall  not  be 
thereby  invalidated  or  affected. 

ARTICLE  IX. 

REPRESENTATION. 

197.  The  whole  number  of  Sienators  shall  be 
not  less  than  one-fourth,  or  more  than  one-third  of  the 
whole  number  of  Eepresentatives. 

198.  The  House  of  Eepresentatives  shall  consist 
of  not  more  than  one  hundred  and  five  members,  unless 
new  counties  shall  be  created,  in  which  event  each  new 
county  shall  be  entitled  to  one  Representative.  The  mem- 
bers of  the  House  of  Representatives  shall  be  appor- 
tioned by  the  Legislature  among  the  several  counties  of 
the  State,  according  to  the  number  of  inhabitants  in 
them  respectively,  as  ascertained  by  the  decennial  census 
of  the  United  States,  which  apportionment  when  made 
shall  not  be  subject  to  alteration  until  the  next  session 
of  the  Legislature  after  the  next  decennial  census 
of  the  United  States  shall  have  been  taken. 

199.  It  shall  be  the  duty  of  the  Legislature 
at  its  first  session  after  the  taking  of  the  decennial 
census  of  the  United  States  in  the  year  nine- 
teen hundred  and  ten,  and  after  each  subse- 
quent decennial  census,  to  fix  by  law  the  num- 
ber of  Representatives,  and  apportion  them  among  the 
several  counties  of  the  State,  according  to  the  number 
of  inliabitants  in  them  respectively;  provided,  that  each 
county  shall  be  entitled  to  at  least  one  Representative. 

200.  It  shall  be  the  duty  of  the  Legislature 
at  its  first  session  after  taking  of  the  decen- 
nial census  of  the  United  States  in  the  year 
nineteen  hundred  and  ten,  and  after  each  sub- 
sequent decennial  censiis,  to  fix  by  law  the  number  of 
Senators  and  to  divide  the  State  into  as  many  Sena- 
torial districts  as  tliere  are  Senators,  which  districts 
shall  be  as  nearl}^  e^jual  to  each  other  in  the  number  of 
inhabitants  as  may  be,  and  eacli  shall  be  entitled  to  one 
Senator,  and  no  more;  and  such  districts  when  formed 
shall  not  be  changed  until  the  next  apportioning  ses- 
sion   of    the    Legislature,    after    the    next    decennial 


1718  .      Journal  of  Alabama 

census  of  the  United  States  shall  have  been  taken;  pro- 
vided, that  counties  created  after  the  next  preceding 
apportioning-  session  of  the  Legislature  may  be 
attached  to  Senatorial  districts.  No  county  shall  be 
divided  between  two  districts,  and  no  district  shall  be 
made  up  of  two  or  more  counties  not  contiguous  to  each 
other, 

201.  Should  any  decennial  census  of  the  United 
States  not  be  taken,  or  if  when  taken  the  same,  as  to  this 
State  be  not  full  and  satisfactory,  the  Legislature  shall 
have  power  at  its  first  session  after  the  time  shall  have 
elapsed  for  the  taking  of  said  census,  to  provide  for  an 
enumeratiou  of  all  the  inhabitants  of  this  State, 
upon  which  it  shall  be  the  duty  of  the  Legis- 
lature to  make  the  apportionuient  of  Representatives 
and  Senators   as  provided  for  in  this  article. 

202.  Until  the  Legislature  shall  make  an  apportion- 
ment of  Representatives  among  the  several  counties,  as 
provided  in  the  preceding  section,  the  counties 
of  Autauga,  Baldwin,  Bibb,  Blount,  Cherokee,  Chilton, 
Choctaw,  Clay,  Cleburne,  Coffee,  Colbert,  Conecuh, 
Coosa,  Covingion,  Crenshaw,  Cullman,  Dale,  DeKalb, 
Escambia,  Fayette,  Franklin,  Geneva,  Greene,  La- 
mar, Lawrence,  Limestone,  Macon,  Marion,  Marshall, 
Monroe,  Pickens,  Randolph,  St.  Clair,  Shelby,  Wash- 
ington, and  Winston,  shall  each  have  one  Representa- 
tive; the  counties  of  Barbour,  Bullock,  Butler,  Cal- 
houn, Chambers,  Clarke,  Elmore,  Etowah,  Hale,  Henry, 
Jackson,  Lauderdale,  Lee,  Lowndes,  Madison,  Marengo, 
Morgan,  Perry,  Pike,  Russell,  Sumter,  Talladega,  Tala- 
poosa,  Tuscaloosa,  Walker  and  Wilcox  shall  eacli  have 
two  Representatives ;  the  counties  of  Dallas  and  Mobile 
shall  each  have  three  Representatives;  the  county  of 
Montgomery  shall  have  four  Representatives;  and  the 
county  of  Jefferson  shall  have  seven  Representatives. 

203.  Until  the  Legislature  shall  divide  the 
State  into  Senatorial  districts,  as  herein  provided,  the 
Senatorial  districts  shall  be  as  follows: 

First  district,  Lauderdale  and  Limestone;  Second 
district,  Lawrp-Mce  and  Morgan;  Third  district,  Blount, 
Cullmap-  •  nd  Win-ton;  Fourth  district,  ^Madison ;  Fifth 


Constitutional  Convention.  1719 

district,  Jackson  and  Marshall;  Sixth  district,  Etowah 
and  St.  Clair;  Seventh  district,  Calhoun;  Eighth  dis- 
trict, Talladega ;  Ninth  district,  Chambers  and  Ran- 
dolph; Tenth  district,  Tallapoosa  and  Elmore;  Eleventh 
district,  Tuscaloosa;  Twelfth  district,  Fa3^ette,  Lamar 
and  Walker ;  Thirteenth  district,  Jefferson ;  Fourteenth 
district,  Pickens  and  Sumter;  Fifteenth  District,  Au- 
tauga, Chilton  and  Shelby;  Sixteenth  district,  Lowndes; 
Seventeenth  district,  Butler,  Conecuh  and  Covington; 
Eighteenth  district,  Bibb  and  Perry;  Nineteenth  dis- 
trict, Choctaw,  Clarke  and  Washington ;  Twentieth  dis- 
trict, Marengo ;  TAventy-first  district,  Baldwin,  Escam- 
bia and  Monroe;  Twentj^-second  district,  Wilcox;  Twen- 
ty-third district,  Dale  and  Geneva;  Twenty- fourth  dis- 
trict, Barbour;  Twenty-fifth  district.  Coffee,  Crenshaw 
and  Pike;  Twenty-sixth  district,  Bullock  and  Macon; 
Twenty-seventh  district,  Lee  and  Russell ;  Twenty-eighth 
district,  Montgomery;  Twenty-ninth  district,  Cherokee 
and  DeKalb;  Thirtieth  district,  Dallas;  Thirty-first 
district,  Colbert,  Franklin  and  Marion;  Thirty-second 
district,  Greene  and  Hale;  Thirty-third  district,  Mobile; 
Thirty- fourth  district,  Cleburne,  Clay  and  Coosa;  Thir- 
ty-fifth district,  Henry. 

ARTICLE  X. 

exemptions. 

204.  The  personal  property  of  any  resident  of 
this  State  to  the  value  of  one  thousand  dol- 
lars, to  be  selected  by  such  resident,  shall  be 
exempted  from  sale  on  execution,  or  other  pro- 
cess of  any  court,  issued  for  the  collection  of 
any  debt  contracted  since  the  thirteenth  day  of  July, 
eighteen  liundred  and  sixty-eight,  or  after  the  ratifica- 
tion of  this  Constitution. 

205.  Every  homestead,  not  exceeding  eighty  acres,  and 
the  dwelling  and  appurtenances  thereon,  to  be  selected 
hy  the  owner  thereof,  and  not  in  any  city,  town  or  vil- 
lage, or  in  lieu  thereof,  at  the  option  of  the  owner,  any 
lot  in  a  city,  town  or  village,  with  the  dwelling  and  ap- 
purtenances thereon  owned  and  occupied  by  any  resi- 
dent of  tliis  State,  and  not  exceeding  the  value  of  two 


1720  Journal  of  Alabama 

thousand  dollars,  shall  be  execmpt  from  sale  on  execu- 
tion or  any  other  process  from  a  court;  for  any  debt 
contracted  since  the  thirteenth  day  of  July,  eighteen, 
hundred  and  sixty-eight,  or  after  the  ratification  of 
this  Constitution.  Such  exemption,  however,  shall  not 
extend  to  any  mortgage  lawfully  obtained,  but  such 
mortgage,  or  other  alienation  of  said  homestead  by  the 
owner  thereof,  if  a  married  man,  shall  not  be  valid  with- 
out the  voluntary  signature  and  assent  of  the  wife  to- 
the  same. 

206.  The  homestead  of  a  family,  after  the  death  of 
the  owner  thereof,  shall  be  exempt  from  the  payment 
of  any  debt  contracted  since  the  thirteenth  day  of  July, 
eighteen  hundred  and  sixty-eight,  or  after  the  ratifica- 
tion of  this  Constitution,  in  all  cases,  during  the  mi- 
nority of  the  children. 

207.  The  provisions  of  Sees.  204  and  205  of  this  Con- 
stitution shall  not  be  so  construed  as  to  prevent  a  labor- 
ers' lien  for  work  done  and  performed  for  the  person' 
claiming  such  exemption,  or  a  mechanic's  lien  for  work 
done  on  the  premises. 

208.  If  the  owuer  of  a  homestead  die,  leaving  a 
widow,  but  no  children,  such  homestead  shall  be  ex- 
empt, and  the  rents  and  profits  thereof  shall  inure  ta 
her  benefit. 

209.  The  real  and  personal  property  of  any  female 
in  this  State,  acquired  before  marriage,  and  all  prop- 
erty, real  and  personal,  to  which  she  may  afterwards  be- 
entitled  by  gift,  grant,  inheritance  or  devise,  shall  be 
and  remain  the  separate  estate  and  property  of  such 
female,  and  shall  not  be  liable  for  any  debts,  obligations 
or  engagements  of  her  husband,  and  may  be  devised  or 
bequeathed  by  lier,  the  same  as  if  she  were  a  feme  sole. 

210.  The  right  of  exemption  hereinbefore  secured 
may  be  waived  by  an  instrument  in  writing,  and  when 
such  waiver  relates  to  realty  the  instrument  must  be 
signed  by  both  the  husband  and  the  wife,  and  attested 
bv  one  witness. 

ARTICLE  XL 

TAXATION. 

211.  All  taxes  levied  on  property  in  this  State 
shall  be  assessed  in  exact  proportion  to  the  value  of 


Constitutional  Convention.  1721 

such  property,  but  no  tax  shall  be  assessed  upon  any 
debt  for  rent  or  hire  of  real  or  personal  property,  while 
owned  by  the  landlord  or  hirer  during  the  current  year 
of  such  rental  or  hire,  if  such  real  or  personal  property 
be  assessed  at  its  full  value. 

212.  The  power  to  levy  taxes  shall  not  be  delegated 
to  individuals  or  private  corporations  or  associations. 

213.  After  the  ratification  of  this  Constitution,  no 
new  debt  shall  be  created  against,  or  incurred  by  this 
State,  or  its  authority,  except  to  repel  invasion  or  sup- 
press insurrection,  and  then  only  by  a  concurrence  of 
two-thirds  of  the  members  of  each  House  of  the  Legis- 
lature and  the  vote  shall  be  taken  by  yeas  and  nays 
and  entered  on  the  Journals;  and  any  act  creating  or 
incurring  any  new  debt  against  this  State,  except  as 
herein  provided  for,  shall  be  absolutely  void;  provided, 
the  Governor  may  be  authorized  to  negotiate  tempor- 
ary loans,  never  to  exceed  three  hundred  thou- 
sand dollars,  to  meet  the  deficiencies  in  the 
Treasury,  and  until  the  same  is  paid  no  new 
loan  shall  be  negotiated;  provided  further,  that 
this  section  shall  not  be  so  construed  as  to  prevent  the 
issuance  of  bonds  for  the  purpose  of  refunding  the 
existing  bonded  indebtedness  of  the  State. 

214.  The  Legislature  shall  not  have  the  power 
to  lev}^  in  any  one  year  a  greater  rate  of  taxation 
than  sixty-five  one-hundredths  of  one  per  centum  on 
the  value  of  the  taxable  property  within  this  State. 

215.  No  county  in  this  State  shall  be  authorized 
to  levy  a  greater  rate  of  taxation  in  any  one  year  on  the 
value  of  the  taxable  property  therein  than  one-half  of 
one  per  centum ;  provided,  that  to  pay  debts  existing 
on  the  sixth  day  of  December,  eighteen  hundred 
and  seventy-five,  an  additional  rate  of  one-fourth 
of  one  per  centum  may  be  levied  and  collected 
which  shall  be  appropriated  exclusively  to  the 
payment  of  such  debts  and  the  interest  there- 
on ;  provided  further,  that  to  pay  any  debt  or  lia- 
bility now  existing  against  any  county,  incurred  for  the 
erection,  construction  or  maintenance  of  the  necessary 
public  buildings  or  bridges,  or  that  may  hereafter  be 
created  for  the  erection  of  necessary  public 
buildings,    bridges    or    roads,    any    county  may   levy 


1 722  Journal  of  Alabama 

and  collect  such  special  taxes,  not  to  exceed  one-fourth 
of  one  per  centum,  as  may  have  been  or  may  hereafter 
be  authorized  by  law,  which  taxes  so  levied  and  collected 
shall  be  applied  exclusively  to  the  purposes  for  which 
the  same  was  so  levied  and  collected. 

216.  No  city,  town,  village  or  other  municipal  cor- 
poration, other  than  as  provided  in  this  article,  shall 
levy  or  collect  a  higher  rate  of  taxation  in  any  one  3^ear 
on  the  property  situated  therein  that  one-half  of  one 
per  centum  of  tiie  value  of  such  property  as  assessed  for 
State  taxation  during  the  preceding  year ;  provided  that 
for  the  purpose  of  paying  debts  existing  on  the  sixth 
day  of  December,  eighteen  hundred  and  seventy- 
five,  and  the  interest  thereon,  a  tax  of  one  per 
centum  may  be  levied  and  collected,  to  be  ap- 
plied exclusively  to  the  payment  of  such  indebtedness; 
and  provided  further  that  this  section  shall  not  apply  to 
the  city  of  Mobile,  which  city  may  from  and  after  the 
ratification  of  thij  Constitution  levy  a  tax  not  to  ex- 
ceed the  rate  of  three-fourths  of  one  per  centum  to  pay 
the  expenses  of  the  city  government,  and  may 
also  levy  a  tax  not  to  exceed  three-fourths  of 
one  per  centum  to  pay  the  debt  existing  on  the  sixth 
day  of  December,  eighteen  hundred  and  seventy-five, 
with  interest  thereon,  or  any  renewal  of  such  debt;  and 
provided  further,  that  this  section  shall  not  apply  to  the 
cities  of  Birmingham,  Huntsville  and  Bessemer,  and  the 
town  of  Andalusia,  which  cities  and  town  may  levy  and 
collect  a  tax  not  to  exceed  one-half  of  one  per  centum  in 
addition  to  the  tax  of  one-half  of  one  per  centum  as 
hereinbefore  allowed  to  be  levied  and  collected,  such 
special  tax  to  be  applied  exclusively  to  the  payment  of 
interest  on  bonds  of  said  cities  of  Birmingham,  Hunts- 
ville and  Bessemer  and  town  of  Andalusia,  respectively, 
heretofore  issued  in  pursuance  of  law,  or  now  authorized 
by  law  to  be  issuiMl,  and  for  a  sinking  fund  to  pay  otf  said 
bonds  at  the  maturity  thereof ;  and  provided  further,  that 
this  section  shall  not  apply  to  the  i^ity  of  IMontgomery, 
which  city  shall  have  the  right  to  levy  and  collect  a  tax 
of  not  exceeding  one-half  of  one  per  centum  per  annum 
upon  the  value  of  the  taxable  property  therein,  as  fixed 
for  State  taxation,  for  general  purposes,  and  an  addi- 


Constitutional  Convention.  1723 

tional  tax  of  not  exceeding  tliree-foiirths  of  one  per 
centum  per  annum  upon  the  value  of  the  propert}^  there- 
in, as  fixed  for  State  taxation,  to  be  devoted  exclusively 
to  the  pa3'ment  of  its  public  debt,  interest  thereon,  and 
renewals  thereof,  and  to  the  maintenance  of  its  public 
schools,  and  public  conveniences;  and  provided  further, 
that  this  section  shall  not  apply  to  Troy,  Attalla, 
Gadsden,  Woodlawn,  Brewton,  Pratt  City,  Ens- 
ley,  Wylam  and  Avondale,  which  cities  and  towns  may 
from  and  after  the  ratification  of  this  Constitution,  levy 
and  collect  an  additional  tax  of  not  exceeding  one-half 
of  one  per  centum;  and  provided  further,  that  this  sec- 
tion shall  not  apply  to  the  cities  of  Decatur,  New  De- 
catur and  Cullman,  which  cities  may  from  and  after  the 
ratification  of  this  Constitution,  levy  and  collect  an  ad- 
ditional tax  of  not  exceeding  three-tenths  of  one  per 
centum  per  annum ;  such  special  tax  of  said  city  of  De- 
catur to  be  applied  exclusively  for  the  public  schools, 
public  school  buildings,  and  public  improvements;  and 
such  special  tax  of  New  Decatur  and  Cullman 
to  be  applied  exclusively  for  educational  purposes, 
and  to  be  expended  under  their  respective  Boards  of 
Public  School  Trustees;  but  this  additional  tax  shall 
not  be  levied  by  Troy,  Attalla,  Gadsden,  Wood- 
lawn,  Brewton,  Pratt  City,  Ensley,  Wylam,  Avondale, 
Decatur,  New  Decatur  or  Cullman  unless  authorized  by 
a  majority  vote  of  the  qualified  electors  voting  at  a  spe- 
cial election  held  for  the  purpose  of  ascertaining  whether 
or  not  said  tax  shall  be  levied;  and  provided  further, 
that  the  purposes  for  which  such  special  tax  is  sought 
to  be  levied  shall  be  stated  in  such  election  call,  and,  if 
authorized,  the  revenue  derived  from  such  special  tax 
shall  be  used  for  no  other  purpose  than  that  stated ;  and 
provided  further,  that  the  additional  tax  authorized  to 
be  levied  by  the  city  of  Troy,  when  so  levied  and  col- 
lected, shall  be  used  exclusively  in  the  payment  of  the 
bonds  and  interest  coupons  thereon,  hereafter  issued  in 
the  adjustment  of  the  present  bonded  indebtedness  of 
said  city;  and  provided  further,  that  the  additional  tax 
authorized  to  be  levied  and  collected  by  the  city  of  At- 
talla shall,  when  so  levied  and  collected,  be  used  ex- 
clusively in  the  payment  of  bonds  to  the  amount  of  not 


1724  Journal  of  Alabama 

exceeding  twenty-five  thousand  dollars  and  the 
interest  coupons  thereon,  hereafter  to  be  issued 
in  the  adjustment  of  the  present  indebtedness 
of  said  city;  provided  further,  that  the  gov- 
erning boards' of  said  cities,  which  are  authorized  to 
levy  an  additional  tax  after  the  holding  of  an  election 
as  aforesaid,  are  hereby  authorized  to  provide  by  ordi- 
nance the  necessary  machinery  for  the  holding  of  said 
election  and  declaring  the  result  thereof. 

217.  The  property  of  private  corporations,  asso- 
ciations and  individuals  of  this  State  shall  forever  be 
taxed  at  the  same  rate;  provided,  this  section  shall  not 
apply  to  institutions  devoted  exclusively  to  religious, 
educational  or  charitable  purposes. 

218.  The  Legislature  shall  not  have  the  power 
to  require  counties  or  other  municipal  corporations  to 
pay  any  charges  which  are  now  payable  out  of  the  State 
Treasury. 

219.  The  Legislature  may  levy  a  tax  of  not  more 
than  two  and  one-half  per  centum  of  the  value  of  all  es- 
tates, real  and  personal,  money,  public  and  pri- 
vate securities  of  every  kind  in  this  State, 
passing  from  any  person  who  may  die  seized 
and  possessed  thereof,  or  of  any  part  of  such  estate, 
money  or  securities,  or  interest  therein,  transferred  by 
the  intestate  laws  of  this  State,  or  by  will,  deed,  grant, 
bargain,  sale  or  gift,  made  or  intended  to  take  effect  in 
possession  after  the  death  of  the  grantor,  devisor,  or 
donor,  to  any  person  or  persons,  bodies  politic  or  cor- 
porate, in  trust  or  otherwise,  other  than  to  or  for  the 
use  of  the  father,  mother,  husband,  wife,  brothers,  sis- 
ters, children  or  lineal  descendants  of  the  grantor,  de- 
visor, donor  or  intestate. 

ARTICLE  XII. 

CORPORATIONS. 
MUNICIPAL  CORPORATIONS. 

220.  No  person,  firm,  association  or  corpora- 
tion shall  be  authorized  or  permitted  to  use  the  streets, 
avenues,  alleys  or  public  places  of  any  city,  town  or 
village  for  the  construction  or  operation  of  any  public 


Constitutional  Convention.  1725 

utility  or  private  enterprise,  witlioiit  first  obtaining  the 
consent  of  the  proper  authorities  of  sucli  citA-,  town  or 
village. 

221.  The  Legislature  shall  not  enact  any  law 
which  will  permit  any  person,  firm,  corporation  or  asso- 
ciation to  pay  a  privilege,  license  or  other  tax  to  the 
State  of  Alabama,  and  relieve  him  or  it  from  the  pav- 
anent  of  all  other  privilege  and  license  taxes  in  the 
State. 

222.  The  Legislature,  after  the  ratification  of  this 
Constitution,  shall  have  authority  to  pass  general  laws 
authorizing  the  counties,  cities,  towns,  villages, 
districts  or  other  political  subdivisions  of  coun- 
ties, to  issue  bonds,  but  no  bonds  shall  be  is- 
sued under  authority  of  a  general  law  unless 
such  issue  of  bonds  be  first  authorized  by  a  ma- 
jority vote  by  ballot  of  the  qualified  voters  of  such 
county,  city,  town,  village,  district,  or  other  political 
subdivision  of  a  county,  voting  upon  such  prof>osition. 
The  ballot  used  at  such  election  shall  contain  the  words 

"For bond  issue,"  and  "Against 

bond  issue,"   (the  character  of  the  bond  to  be 

shown  in  the  blank  space),  and  the  voter  shall  indicate 
his  choice  by  placing  a  cross  mark  before  or  after  the 
one  or  the  other.  This  section  shall  not  apply  to  the 
renewal,  refunding,  or  reissue  of  bonds  lawfully  issued, 
nor  to  the  issuance  of  bonds  in  cases  where  the  same 
have  been  authorized  by  laws  enacted  prior  to  the  ratifi- 
cation of  this  Constitution,  nor  shall  this  section  apply 
to  obligations  incurred  or  bonds  to  be  issued  to  procure 
means  to  pay  for  street  and  sidewalk  improvements  or 
sanitary  or  storm  Avater  sewers,  the  cost  of  which  is 
to  be  assessed,  in  whole  or  in  part,  against  the  property 
abutting  said  improvements  or  drained  by  such  sanitary 
or  storm  water  sewers. 

223.  No  city,  town  or  other  municipality  shall  make 
any  assessments  for  the  cost  of  sidewalks  or  street  pav- 
ing, or  for  the  cost  of  the  construction  of  any  sewers 
against  property  abutting  on  such  street  or  sidewalk  so 
paved,  or  drained  by  such  sewers,  in  excess  of  the  in- 
creased value  of  such  property  by  reason  of  the  special 
Tjenefits  derived  from  such  improvements. 


1726  Journal  of  At-arama 

224.  Xo  county  shall  become  indebted  in  an  amount, 
including  present  indebtedness,  greater  than  three  and 
one-half  per  centum  of  the  assessed  value  of  the  property 
therein;  provided,  this  limitation  shall  not  aft'ect  any 
existing  indebtedness  in  excess  of  such  three  and  one- 
half  per  centum,  which  has  already  been  created  or 
authorized  by  existing  law  to  be  createcl;  provided,  that 
any  county  which  has  already  incurred  a  debt  ex- 
ceeding three  and  one-half  per  centum  of  the  assessed 
value  of  the  property  therein,  shall  be  authorized  to  in- 
cur an  indebtedness  of  one  and  a  half  per  centum  of  the 
assessed  value  of  such  property  in  addition  to  the  debt 
already  existing.  Nothing  herein  contained  shall  prevent 
any  county  from  issuing  bonds,  or  other  obligations,  to 
fund  or  refund  any  indebtedness  now  existing  or  author- 
ized by  existing  laws  to  be  created. 

225.  No  city,  town  or  other  municipal  corporation 
having  a  population  of  less  than  six  thousand, 
except  as  hereinafter  provided,  shall  become  in- 
debted in  an  amount,  including  present  indebted- 
ness, exceeding  five  per  centum  of  the  assessed 
value  of  the  property  therein,  except  for  the  construct- 
ion or  purchase  of  water  works,  gas  or  electric  light- 
ing plants,  or  sewerage,  or  for  the  improvement 
of  streets,  for  which  purposes  an  additional  indebted- 
ness not  exceeding  three  per  centum  may  be  created; 
provided,  this  limitation  shall  not  affect  any  debt  now 
authorized  by  law  to  be  created  nor  any  temporary 
loans  to  be  paid  within  one  year,  made  in  anticipation 
of  the  collection  of  taxes,  not  exceeding  one-fourth  of 
the  annual  revenues  of  such  city  or  town.  All  towns 
and  cities  having  a  population  of  six  thousand 
or  more,  also  (Jadsden,  Ensley,  Decatur,  New 
Decatur,  are  hereby  authorized  to  become  in- 
debted in  an  amount,  including  present  indebted- 
ness, not  exceeding  seven  per  centum  of  the  assessed 
valuation  of  the  property  therein,  provided  that  there 
shall  not  be  included  in  the  limitation  of  the  indebted- 
ness of  such  last  described  cities  /and  towns  the  follow- 
ing classes  of  indebtedness,  to-wit:  temporary  loans, 
to  be  paid  within  one  year,  made  in  anticipation  of  the 
collection  of  taxes,  and  not  exceeding  one-fourth  of  the 
general  revenues,  bonds  or  other  obligations  already  is- 


Constitutional  Convention.  1727 

sued,  or  which  may  hereafter  be  issued  for  the  purpose 
of  acquiring,  providing  or  constructing  school  houses, 
water  works  and  sewers;  and  obligations  incurred  and 
bonds  issued  for  street  or  sidewalk  improvements,  where 
the  cost  of  the  same,  in  whole  or  in  part,  is  to  be  assessed 
against  the  property  abutting  said  improvements ;  pro- 
vided, that  the  proceeds  of  all  obligations  issued  as 
herein  provided,  in  excess  of  said  seven  per  centum  shall 
not  be  used  for  any  purpose  other  than  that  for  which 
said  obligations  Avere  issued.  Nothing  contained  in  this 
article  shall  prevent  the  funding  or  refunding  of  exist- 
ing indebtedness.  This  section  shall  not  apply  to  the 
cities  of  Sheffield  and  Tuscumbia. 

226.  No  city,  town  or  village,  whose  present  indebted- 
ness exceeds  the  limitation  imposed  by  this  Constitu- 
tion, shall  be  allowed  to  become  indebted  in  any  further 
amount,  except  as  otherwise  provided  in  this  Constitu- 
tion, until  such  indebtedness  shall  be  reduced  within 
such  limit;  provided,  however,  that  nothing  herein  con- 
tained shall  prevent  and  municipality,  except  the  cit}*  of 
Gadsden,  from  issuing  bonds  already  authorized  by  law ; 
provided  further,  that  this  section  shall  not  apply  to  the 
cities  of  Sheffield  and  Tuscumbia. 

227.  An}^  person,  firm,  association  or  corporation, 
who  may  construct  or  operate  any  public  utility  along  oj^ 
across  the  public  streets  of  any  city,  town  or  village, 
under  any  privilege  of  franchise  permitting  such  con- 
struction or  operation,  shall  be  liable  to  abutting  pro- 
prietors for  the  actual  damages  done  to  the  abutting 
property  on  account  of  such  construction  or  operation. 

228.  No  city  or  town  having  a  population  of  more 
than  six  thousand  shall  have  authority  to  grant  to  any 
l^erson,  firm,  corporation  or  association  the  right  to  use 
its  streets,  avenues,  alleys  or  public  places  for  the  con- 
struction or  operation  of  waterworks,  gas  works,  tele- 
phone or  telegraph  lines,  electric  light  or  power  plants, 
steam  or  other  heating  plants,  street  railroads,  or  any 
other  public  utility,  except  railroads  other  than  street 
railroads,  for  a  longer  period  than  thirty  years. 


1728  Journal  of  Alabama 


PRIVATE  CORPORATIONS. 


229.  The  Legislature  shall  pass  no  special  act 
-conferring  corporate  powers,  but  it  shall  pass  general 
laws  under  which  corporations  may  be  organized  and 
corporate  powers  obtained,  subject,  nevertheless,  to  re- 
peal at  the  will  of  the  Legislature;  and  shall  pass  gen- 
eral laws  under  which  charters  may  be  altered  or  amend- 
ed. The  Legislature  shall,  by  general  law,  provide  for 
the  payment  to  the  State  of  Alabama  of  a  franchise  tax 
by  corporations  organized  under  the  laws  of  this  State, 
which  shall  be  in  proportion  to  the  amount  of  capital 
stock;  but  strictly  benevolent,  educational  or  religious 
corporations  shall  not  he  required  to  pay  such  a  tax. 
The  charter  of  any  corporation  shall  be  subject  to  amend- 
ment, alteration  or  repeal  under  general  laws. 

230.  All  existing  charters,  under  which  a  bona  fide 
organization  shall  not  have  taken  place  and  business 
commenced  in  good  faith  within  twelve  months 
from  the  time  of  the  ratification  of  this  Constitution, 
shall  thereafter  have  no  validity. 

231.  The  Legislature  shall  not  remit  the  forfeiture 
of  the  charter  of  any  corporation  now  existing  nor  alter 
or  amend  the  same,  nor  pass  any  general  or  special  law 
for  the  benefit  of  such  corporation,  other  than  in  execu- 
tion of  a  trust  created  by  law  or  by  contract,  except  upon 
condition  that  such  corporation  shall  thereafter  hold 
its  charter  subject  to  the  provisions  of  this  Constitution, 

232.  No  foreign  corporation  shall  do  any  business 
in  this  State  without  having  at  least  one  known  place  of 
business  and  an  authorized  agent  or  agents  therein  and 
without  filing  with  the  Secretary  of  State  a  certified 
copy  of  its  articles  of  incorporation  or  association.  Such 
corporation  may  be  sued  in  any  county  where  it  does 
business,  by  service  of  process  upon  an  agent  anywhere 
in  the  State.  The  Legislature  shall,  by  general  law, 
provide  for  the  payment  to  the  State  of  Alabama  of  a 
franchise  tax  by  such  corporation,  but  such  franchise 
tax  shall  be  based  on  the  actual  amount  of  capital  em- 
ployed in  this  State.  Strictly  benevolent,  educational 
or  religious  corporations  shall  not  be  required  to  pay 
such  a  tax. 


Constitutional  Convention.  1729 

233.  No  corporation  shall  engage  in  any  business 
other  than  that  expressly  authorized  in  its  charter  or 
articles  of  incorporation. 

234.  No  corporation  shall  issue  stocks  or  bonds 
except  for  money,  labor  done,  or  property  actu- 
all}^  received;  and  all  fictitious  increase  of  stock  or 
indebtedness  shall  be  void.  The  stock  and  bonded  in- 
debtedness of  corporations  shall  not  be  increased  except 
in  pursuance  of  general  laws,  nor  without  the  consent  of 
the  persons  holding  the  larger  amount  in  value  of  stock, 
first  obtained  at  a  meeting  to  be  held  after  thirty  days' 
notice,  given  in  pursuance  of  law. 

235.  Municipal  and  other  corporations  and  indi- 
viduals invested  with  the  privilege  of  taking  property 
for  public  use,  shall  make  just  compensation,  to  be  ascer- 
tained as  may  be  provided  by  law,  for  the  property 
taken,  injured  or  destroyed  by  the  construction  or  en- 
largements of  its  works,  highways  or  improvements, 
which  compensation  shall  be  paid  before  such  taking, 
injury  or  destruction.  The  Legislature  is  hereby  pro- 
liibited  from  denying  the  right  of  appeal  from  any 
preliminary  assessment  of  damages  against  any  such 
corporations  or  individuals  made  by  viewers  or  other- 
wise, but  such  appeal  shall  not  deprive  those  who 
have  obtained  the  judgment  or  condemnation  from  a 
right  of  entry,  provided  the  amount  of  damages  assessed 
shall  have  been  paid  in  the  court  in  money,  and  a  bond 
shall  have  been  given  in  not  less  than  double  the  amount 
of  the  damages  assessed,  with  good  and  sufficient  sure- 
ties, to  pay  such  damages  as  the  property  owner  may 
sustain;  and  the  amount  of  damages  in  all  cases  of  ap- 
peals shall  on  the  demand  of  either  party,  be  determined 
by  a  jury  according  to  law. 

236.  Dues  from  private  corporations  shall  be  se- 
cured by  such  means  as  may  be  prescribed  by  law ;  but  in 
no  case  shall  any  stockholder  be  individually  liable 
otherwise  than  for  the  unpaid  stock  owned  by  him  or 
Tier. 

237.  No  corporation  shall  issue  preferred  stock 
without  the  consent  of  the  owners  of  two-thirds  of  the 
stock  of  said  corporation. 

109 


1730  Journal  of  Alabama 

238.  The  Legislature  shall  have  the  power  to  alter,, 
amend  or  revoke  any  charter  of  incorporation  now  exist- 
ing and  revokable  at  the  ratification  of  this  Constitution^ 
or  any  that  may  he  hereafter  created,  whenever,  in  its 
opinion,  such  charter  may  be  injurious  to  the  citizens  of 
this  State,  in  such  manner,  however,  that  no  injustice 
shall  be  done  to  the  stockholders. 

239.  Any  association  or  corporation  organized  for 
the  purpose,  or  any  individual,  shall  have  the  right  to 
construct  and  maintain  lines  of  telegraph  and  telephone 
within  this  State,  and  connect  the  same  with  other  lines; 
and  the  Legislature  shall,  by  general  law  of  uniform  ope- 
ration, jjrovide  reasonable  regulations  to  give  full  effect 
to  this  section.  No  telegraph  or  telephone  company  shall 
consolidate  with  or  hold  a  controlling  interest  in  the 
stock  or  bonds  of  any  other  telegraph  or  telephone  com- 
pany owning  a  competing  line,  or  acquire,  by  purchase 
or  otherwise,  any  other  competing  line  of  telegraph  or 
telephone. 

240.  All  corporations  shall  have  the  right  to  sue,, 
and  shall  be  subject  to  be  sued,  in  all  courts  in  like  cases 
as  natural  persons. 

241.  The  term  "corporation,"  as  used  in  this  arti- 
cle, shall  be  construed  to  include  all  joint  stock  com- 
panies, and  all  associations  having  any  of  the  powers  or 
privileges  of  corporations,  not  possessed  by  individuals 
or  partnerships. 

RAILROADS  AND  CANALS. 

242.  All  railroads  and  canals  not  constructed  and  used 
exclusively  for  private  purposes,  shall  be  public  high- 
ways, and  all  railroads  and  canal  companies  shall  be 
common  carriers.  Any  association  or  corporation  or- 
ganized for  the  purpose  shall  have  the  right  to  construct 
and  operate  a  railway  between  any  points  in  this  State, 
and  connect  at  the  State  line,  with  railroads  of  other 
States.  Every  railroad  company  shall  have  the  right 
with  its  rop.d  to  intersect,  connect  with,  or  cross  any 
other  railroad,  and  each  sliall  receive  and  transport  the 
freight,  passengers  and  cars,  loaded  or  empty,  of  the 
others,  without  delay  or  discrimination. 


Constitutional  Convention.  1731 

243.  The  power  and  authority  of  regulating  rail- 
road freight  and  passenger  tariffs,  the  locating  and 
building  of  passenger  and  freight  depots,  correcting 
abuses,  preventing  unjust  discrimination  and  extor- 
tion and  requiring  reasonable  and  just  rates  of  freight 
and  j)asseuger  tariffs,  are  hereby  conferred  upon  the 
Legislature,  whose  duty  it  shall  be  to  pass  laws  from 
time  to  time  regulating  freight  and  passenger  tariffs,  to 
prohibit  unjust  discrimination  on  the  various  railroads, 
canals  and  rivers  of  the  State,  and  to  prohibit  the  charg- 
ing of  other  than  just  and  reasonable  rates  and  enforce 
the  same  b}^  adequate  penalties. 

244.  No  railroad  or  other  transportation  company 
or  corporation  shall  grant  free  passes  or  sell  tickets  or 
passes  at  a  discount,  other  than  as  sold  to  the  public  gen- 
erally, to  any  member  of  the  Legislature  or  to  any  officer 
exercising  judicial  functions  under  the  laws  of  this 
State;  and  any  sucli  member  or  officer  receiving  such  a 
pass  or  ticket  for  himself,  or  procuring  the  same  for  an- 
other, shall  be  guilty  of  a  misdemeanor,  and,  upon  con- 
viction, shall  be  fined  not  exceeding  five  hundred  dol- 
lars, and  at  the  discretion  of  the  court  trjdng  the  case, 
in  addition  to  such  fine,  may  be  imprisoned  for 
a  term  not  exceeding  six  months,  and  upon 
conviction,  shall  be  subject  to  impeachment  and 
removal  from  office.  The  courts  having  juris- 
diction shall  give  this  law  specially  in  charge  to  the 
Grand  Juries,  and  when  the  evidence  is  sufficient  to 
authorize  an  indictment,  the  Grand  Jury  must  present 
a  true  bill.  The  Circuit  Court  or  any  court  of  like  juris- 
diction in  any  county  into  or  through  which  such 
member  or  officer  is  transported  by  the  use  of  such  pro- 
hibited pass  or  ticket,  shall  have  jurisdiction  of  the  case, 
provided  only  one  prosecution  shall  be  had  for  the  same 
offense;  and  provided  further,  that  the  trial  and  judg- 
ment for  one  offense  shall  not  bar  a  prosecution  for  an- 
other offense,  when  the  same  pass  or  ticket  is  used ;  and 
provided  further,  that  nothing  herein  shall  prevent  a 
member  of  the  Legislature  who  is  a  bona  fide  employe  of 
a  railroad  or  other  transportation  company  or  corpora- 
tion at  the  time  of  his  election,  from  accepting  or  pro- 
curing for  himself  or  another,  not  a  member  of  the  Leg- 


1732  Journal  of  Alabama 

islature,  or  officer  exercising  judicial  functions,  a  free 
pass  over  the  railroads  or  other  transportation  com- 
pany or  corporation  by  which  he  is  employed. 

245.  No  railroad  company  shall  give  or  pay  any 
rebate,  or  a  bonus  in  the  nature  thereof,  directly  or  in- 
directly, or  do  any  act  to  mislead  or  deceive  the  public 
as  to  the  real  rates  charged  or  received  for  freights  or 
passage;  and  any  such  payments  shall  be  illegal  and 
void,  and  these  prohibitions  shall  be  enforced  by  suitable 
penalties. 

246.  No  railroad,  canal  or  transportation  com- 
pany in  existence  at  the  time  of  the  ratification  of 
this  Constitution,  sliall  have  the  benefit  of  any  future 
legislation  by  general  or  special  laws  other  than  in  exe- 
cution of  a  trust  created  by  law  or  by  contract,  except 
on  the  condition  of  complete  acceptance  of  all  the  pro- 
visions of  this  article. 

ARTICLE  XIII. 

BANKS  AND  BANKING. 

247.  The  Legislature  shall  not  have  the  power  to 
establish  or  incorporate  any  bank  or  banking  company 
or  money  institution  for  the  purpose  of  issuing  bills  of 
credit  or  bills  payable  to  order  or  bearer,  except  under 
the  conditions  prescribed  in  this  Constitution. 

248.  No  bank  shall  be  established  otherwise  than  under 
a  general  banking  law  nor  otherwise  than  upon  a  specie 
basis;  provided,  that  any  bank  may  be  established  with 
authority  to  issue  bills  to  circulate  as  money  in  an 
amount  equal  to  the  face  value  of  bonds  of  the  United 
States,  or  of  this  State,  convertible  into  specie  at  their 
face  value,  which  shall,  before  such  bank  is  authorized 
to  issue  its  bills  for  circulation,  be  deposited  with  the 
State  Treasurer,  or  other  depository  prescribed  by  law, 
in  an  amount  equal  to  the  aggregate  of  such  proposed 
issue,  with  power  in  such  treasurer  or  depository  to  dis- 
pose of  any  or  all  of  such  bonds  for  a  sufficient  amount 
of  specie  to  redeem  the  circulating  notes  of  such  bank  at 
any  time  and  without  delay,  should  such  bank  suspend 


Constitutional  Convention.  1733 

specie  payment  or  fail  to  redeem  its  notes  on  demand. 

249.  All  bills  or  notes  issued  as  money  shall  be 
at  all  times  redeemable  in  gold  or  silver,  and  no  law 
shall  be  passed  sanctioning  directly  or  indirectly,  the 
suspension  by  any  bank  or  banking  company  of  specie 
payment. 

250.  Holders  of  l)ank  notes,  and  depositors  who 
have  not  stipulated  for  interest,  shall,  for  such  notes  and 
deposits,  be  entitled  in  case  of  insolvency,  to  the  prefer- 
ence of  payment  over  all  other  creditors;  provided,  this 
section  shall  apply  to  all  banks  whether  incorporated 
or  not. 

251.  Every  bank  or  banking  company  shall  be  re- 
quired to  cease  all  banking  operations  within  twenty 
years  from  the  time  of  its  organization,  unless  the 
time  be  extended  by  law,  and  promptly  thereafter  close 
its  business;  hut  after  it  has  closed  its  business  it  shall 
have  corporate  capacity  to  sue  and  shall  be  liable  to 
suits  until  its  affairs  and  liabilities  are  fully  closed. 

252.  No  bank  shall  receive,  directly  or  indirectly, 
a  greater  rate  of  interest  than  shall  be  allowed  by  law 
to  individuals  for  lending  money. 

253.  Neither  the  State  nor  any  political  subdivi- 
sion thereof  shall  be  a  stockholder  in  any  bank,  nor  shall 
the  credit  of  the  State  or  any  political  subdivision  there- 
of be  given  or  lent  to  any  banking  company,  association 
or  corporation. 

254.  The  Legislature  shall  by  appropriate  laws 
provide  for  the  examination,  by  some  public  offi- 
cer, of  all  banks  and  banking  institutions  and  trust  com- 
panies engaged  in  banking  business  in  this  State;  and 
each  of  sucb  banks  and  banking  companies  or  institu- 
tions shall,  through  its  president  or  such  other  officer 
as  the  Legislature  may  designate,  make  a  report  under 
oath  of  its  resources  and  liabilities  at  least  twice  a  year. 

255.  The  provisions  of  this  article  shall  apply  to  all 
banks  except  National  banks,  and  to  all  trust  companies 
and  individuals  doing  a  banking  business,  whether  in- 
corporated or  not. 


1734  Journal  of  Alabama 

AKTICLE  XIV. 

EDUCATION. 

256.  The  Legislature  shall  establish,  organize  and 
maintain  a  liberal  system  of  public  schools  throughout 
the  State  for  the  benefit  of  the  children  thereof  between 
the  ages  of  seven  and  twenty-one  years.  The  public 
school  fund  shall  be  apportioned  to  the  several  counties 
in  projDortion  to  the  number  of  school  children  of  school 
age  therein,  and  shall  be  so  apportioned  to  the  schools 
in  the  districts  or  townships  in  the  county  as  to  pro- 
vide, as  nearly  as  practicable,  school  terms  of  equal 
duration  in  such  school  districts  or  townships.  Separ- 
ate schools  shall  be  provided  for  white  and  colored 
children,  and  no  child  of  either  race  shall  be  permitted 
to  attend  a  school  of  the  other  race. 

257.  The  principal  of  all  funds  arising  from  the 
sale  or  other  disposition  of  lands  or  other  property, 
which  has  been  or  may  hereafter  be  granted  or  entrusted 
to  this  State  or  given  by  the  United  States  for  education- 
al purposes  shall  be  preserved  inviolate  and  undimin- 
ished; and  the  income  arising  therefrom  shall  be  faith- 
fully applied  to  the  specific  object  of  the  original  grants 
or  appropriations. 

258.  All  lands  or  other  property  given  by  indi- 
viduals, or  appropriated  by  the  State  for  educational 
purposes  and  all  estates  of  deceased  persons  who  die 
without  leaving  a  will  or  heir  shall  be  faithfully  ap- 
plied to  the  maintenance  of  the  public  schools. 

259.  All  poll  taxes  collected  in  this  State  sliall  be  ap- 
plied to  the  support  of  the  public  schools  in  the  respect- 
ive counties  where  collected. 

260.  The  income  arising  from  the  Sixteenth  Sec- 
tion trust  fund,  the  surplus  revenue  fund,  until  it  is 
called  for  by  the  United  States  government,  and  the 
funds  enumerated  in  Sections  257  and  25S  of  this  Con- 
stitution, together  with  a  special  annual  tax  of  thirty 
cents  on  each  one  hundred  dollars  of  tax  )ble  property  in 
this  State,  which  the  Legislature  shall  levy,  shall  be  ap- 
plied to  the  support  and  maintenance  of  the  public 
schools,  and  it  shall  be  the  duty  of  the  Legis- 
lature to  increase  the  public  school  fund  from  time  to 


CONSTITUTIO'NAL  CONVENTION.  1735 

time  as  the  necessity  therefor  and  the  condition  of  the 
treasury  and  tlie  resources  of  the  State  may  justify; 
provided,  that  nothing  lierein  contained  shall  be  so  con- 
strued as  to  authorize  the  Legislature  to  levy  in  any  one 
year  a  greater  rate  of  State  taxation  for  all  purposes, 
including  schools,  than  sixty-five  cents  on  each  one  hun- 
dred dollars  worth  of  taxable  property;  and  provided 
further,  that  nothing  herein  contained  shall  prevent  the 
Legislature  from  first  providing  for  the  payment  of  the 
bonded  indebtedness  of  the  State  and  interest  thereon 
out  of  all  the  revenues  of  the  State. 

261.  Not  more  than  four  per  cent,  of  all  moneys  raised 
or  which  may  hereafter  be  appropriated  for  the  support 
of  public  schools,  shall  be  used  or  expended  otherwise 
than  for  the  payment  of  teachers  employed  in  such 
-schools;  provided,  that  the  Legislature  maj^,  by 
a  vote  of  two-thirds  of  each  House,  suspend  the  opera- 
tion of  this  section, 

262.  The  supervision  of  the  public  schools  shall  be 
vested  in  a  Superintendent  of  Education,  whose  powers, 
duties  and  compensation  shall  be  fixed  by  law. 

263.  No  money  raised  for  the  support  of  the  public 
schools  shall  be  appropriated  to  or  used  for  the  sup- 
port of  any  sectarian  or  denominational  school. 

264.  The  State  University  shall  be  under  the  manage- 
ment and  control  of  a  board  of  trustees  which  shall  con- 
sist of  two  members  from  the  Congressional  district  in 
Avhich  the  University  is  located,  one  from  each  of  the 
other  Congressional  districts  in  the  State,  the  Super- 
intendent of  Education  and  the  Governor,  who  shall  be 
ex-officio  president  of  the  board.  The  members  of  the 
IBoard  of  Trustees  as  now  constituted  shall  hold  office 
until  their  respective  terms  expire  under  existing  law, 
and  until  their  successors  shall  be  elected  and  confirmed 
as  hereinafter  required.  Successors  to  those  trustees 
whose  terms  expire  in  nineteen  hundred  and  two  shall 
liold  office  until  nineteen  hundred  and  seven ;  successors 
to  those  trustees  whose  terms  expire  in  nineteen  hun- 
dred and  four  shall  hold  office  until  nineteen  hundred 
and  eleven ;  successors  to  those  trustees  whose  terms  ex- 
pire in  nineteen  hundred  and  six  shall  hold 
office  until  nineteen  hundred  and  fifteen;  and 
thereafter  tlieir  successors  shall  hold  office  for  a  term  of 


1733  Journal  of  Alaba,ma 

twelve  years.  When  the  term  of  any  member  of  sudi 
board  shall  expire,  the  remaining  members  of  the  board 
shall  by  secret  ballot  elect  his  successor;  provided,  that 
any  trustee  so  elected  shall  hold  office  from  the  date  of 
his  election  until  his  confirmation  or  rejection  by  the 
Senate,  and,  if  confirmed,  until  the  expiration  of  the 
term  for  which  he  was  elected,  and  until  his  successor  is 
elected.  At  every  meeting  of  the  Legislature  the  Sup- 
erintendent of  Education  shall  certify  to  the  Senate  the 
names  of  all  who  shall  have  been  so  elected  since  the  last 
session  of  the  Legislature,  and  the  Senate  shall  confirm 
or  reject  them,  as  it  shall  determine  is  for  the  best  inter- 
est of  the  University.  If  it  reject  the  names  of  any 
members,  it  shall  thereuiDon  elect  trustees  in  the  stead  of 
those  rejected.  In  case  of  a  vacancy  on  said  board  by 
death  or  resignation  of  a  member,  or  from  any  cause 
other  than  the  expiration  of  his  term  of  office,  the  board 
shall  elect  his  successor  who  shall  hold  office  until  the 
next  session  of  the  Legislature.  No  trustee  shall  receive 
any  pay  or  emolument  other  than  his  actual  expenses- 
incurred  in  the  discharge  of  his  duties  as  such, 

265.  After  the  ratification  of  this  Constitution  there 
shall  be  paid  out  of  the  treasury  of  this  State  at  the  time 
and  in  the  manner  provided  by  law,  the  sum  of  not  less 
than  thirty-six  thousand  dollars  per  annum  as  interest 
on  the  funds  of  the  University  of  Alabama,  heretofore 
covered  into  the  treasury,  for  the  maintenance  and  sup- 
port of  said  institution;  provided,  that  the  Legislature 
shall  have  the  power  at  any  time  they  deem  proper  for 
the  best  interest  of  said  University  to  abolish  the  mili- 
tary system  at  said  institution,  or  reduce  the  said  sys- 
tem to  a  department  of  instruction,  and  that  such  action 
onthepart  of  the  legislature  shall  not  cause  any  diminu- 
tion of  the  amount  of  the  annual  interest  payable  out  of 
the  treasury  for  the  support  and  maintenance  of  said 
University. 

266.  The  Alabama  Polytechnic  Institute,  formerly 
called  the  Agricultural  and  Mechanical  College,  shall 
be  under  the  management  and  control  of  a  Board  of 
Trustees,  which  shall  consist  of  two  members  from  the 
Congressional  district  in  which  the  institute  is  locateni, 
and  one  from  each  of  the  other  Congressional  districts- 


Constitutional  Convention.  173T 

in  the  State,  the  State  Superintendent  of  Education  and 
the  Grovernor,  who  shall  be  ex-officio  president  of  the 
board.  The  trustees  shall  be  appointed  b}^  the  Governor, 
by  and  with  the  advice  and  consent  of  the  Senate,  and 
shall  hold  office  for  a  term  of  twelve  years,  and 
until  their  successors  shall  be  appointed  and  qualified. 
The  board  shall  be  divided  into  three  classes,  as  nearly 
equal  as  may  be,  so  that  one-third  may  be  chosen  quad- 
riennially.  Vacancies  occurring  in  the  office  of  trustees 
from  death  or  resignation,  and  the  vacancies  regularly 
occurring  in  the  year  nineteen  hundred  and  five  shall 
be  filled  b}'  the  Governor,  and  such  appointee  shall  hold 
office  until  the  next  meeting  of  the  Legislature.  Suc- 
cessors to  those  trustees  whose  terms  expire  in  nineteen 
hundred  and  three  shall  hold  office  until  nineteen  hun- 
dred and  eleven;  successors  to  those  whose  terms  ex- 
pire in  nineteen  hundred  and  five  shall  hold  office  until 
nineteen  hundred  and  fifteen;  and  successors  to  those 
whose  terms  expire  in  nineteen  hundred  and  seven  shall 
hold  office  until  nineteen  hundred  and  nineteen.  No 
trustee  shall  receive  any  pay  or  emolument  other 
than  his  actual  expenses  incurred  in  the  discharge  of  his 
duties  as  such. 

267.  The  Legislature  shall  not  have  power  to  change 
the  location  of  the  State  University,  or  the  Alabama 
Polytechnic  Institute,  or  the  Alabama  schools  for  the 
Deaf  and  Blind,  or  the  Alabama  Girls'  Industrial  school, 
as  now  established  by  law,  except  upon  a  vote  of  two- 
thirds  of  the  Legislature  taken  by  yeas  and  nays  and  en- 
tered upon  the  Journals. 

268.  The  Legislature  shall  provide  for  taking 
a  school  census  by  townships  and  districts  through- 
out the  State  not  oftener  than  once  in  two  years,  arid 
shall  provide  for  the  punishment  of  all  persons  or  offi- 
cers making  false  and  fraudulent  enumerations  and  re- 
turns ;  provided,  the  State  Superintendent  of  Education 
may  order  and  supervise  the  taking  of  a  new  census  in 
any  township,  district  or  county,  whenever  he  may  have 
reasonable  cause  to  believe  that  false  or  fraudulent  re- 
turns have  been  made. 

269.  The  several  counties  in  this  State  shall  have 
power  to  levy  and  collect  a  special  tax  not  ex- 
ceeding   ten    cents     on     each     one     hundred     dollars 


1738  Journal  of  Alabama 

of  taxable  property  in  such  counties,  for  the 
support  of  public  schools;  provided,  that  the 
rate  of  such  tax,  the  time  it  is  to  continue,  and  the 
purpose  thereof,  shall  have  been  first  submitted  to  a 
vote  of  the  qualified  electors  of  the  county,  and  voted 
for  by  three-fifths  of  those  voting  at  such  election;  but 
the  rate  of  such  special  tax  shall  not  increase  the  rate  of 
taxation.  State  and  county  combined,  in  any  one  year,  to 
more  than  one  dollar  and  twenty-five  cents  on  each  one 
hundred  dollars  of  taxable  property;  excluding,  how- 
ever, all  special  county  taxes  for  public  build- 
ings, roads,  bridges  and  the  payment  of  debts 
existing  at  the  ratification  of  the  Constitution 
of  eighteen  hundred  and  seventy-five.  The  funds 
arising  from  such  special  school  tax  shall  be  ap- 
portioned and  paid  through  the  proper  school  officials 
to  the  several  schools  in  the  townships  and  districts  in 
the  county  that  the  school  terms  of  the  respective  schools 
shall  be  extended  by  such  supplement  as  nearly  the  same 
length  of  time  as  practicable;  provided,  that  this  sec- 
tion shall  not  apply  to  the  cities  of  Decatur,  New  De- 
catur and  Cullman. 

270.  The  provisions  of  this  article  and  of  any  act 
of  the  Legislature  passed  in  pursuance  thereof 
to  establish,  organize  and  maintain  a  system  of  public 
schools  throughout  the  State,  shall  apply  to  Mobile 
county  only  so  far  as  to  authorize  and  require  the 
authorities  designated  by  law  to  draw  the  portions  of 
the  funds  to  which  said  county  shall  be  entitled  for 
school  purposes  and  to  make  reports  to  the  Superin- 
tendent of  Education  as  may  be  prescribed  by  law;  and 
all  special  incomes  and  powers  of  taxation  as  now 
authorized  by  law  for  the  benefit  of  public  schools  in 
said  county  shall  remain  undisturbed  until  otherwise 
provided  by  the  Legislature;  provided,  that  separate 
schools  for  each  race  shall  always  he  maintained  by  said 
school  authorities. 

ARTICLE  XV. 

MILITIA. 

271.  The  Legislature  shall  have  power  to  de- 
jclare  who  shall  constitute  the  militia  of  the  State,  and 


Constitutional  Convention.  1739 

to  provide  for  organizing,  arming  and  disciplining  the 
same ;  and  the  Legislature  may  provide  for  the  organiza- 
tion of  a  State  Naval  Militia. 

272.  The  Legislature,  in  providing  for  the  organiza- 
tion, equipment  and  discipline  of  the  militia,  shall  con- 
form as  nearly  as  practicable  to  the  regulations  for  the 
government  of  the  armies  of  the  United  States. 

273.  Each  company  and  regiment  shall  elect  its 
own  company  and  regimental  officers;  but  if  any  com- 
pany or  regiment  shall  neglect  to  elect  such  officers  with- 
in the  time  prescribed  by  law,  they  may  be  appointed 
by  the  Governor. 

274.  Volunteer  organizations  of  infantry,  cavalry, 
and  artillery  and  naval  militia  may  be  formed  in  such 
manner  and  under  such  restrictions  and  with  such  privi- 
leges as  ma}^  be  provided  by  law. 

275.  The  militia  and  volunteer  forces  shall,  in  all 
cases,  except  treason,  felony  and  breach  of  the  peace, 
be  privileged  from  arrest  during  their  attendance  at 
musters,  parades  and  elections  and  in  going  to  and  re- 
turning from  the  same. 

276.  The  Governor  shall,  with  the  advice  and  con- 
sent of  the  Senate,  appoint  all  general  officers,  whose 
terms  of  office  shall  be  four  years.  The  Governor, 
the  generals  and  regimental  and  batallion  commanders 
shall  appoint  their  own  staffs,  as  may  be  provided  by 
law. 

277.  The  Legislature  shall  provide  for  the  safe- 
keeping of  the  arms,  ammunition  and  accoutrements, 
and  military  records,  banners  and  relics  of  the  State. 

278.  The  officers  and  men  of  the  militia  and  volun- 
teer forces  shall  not  be  entitled  to  or  receive  any  pay, 
rations  or  emoluments  when  not  in  active  service. 

ARTICLE  XVI. 

OATH  OF  OFFICE. 

279.  All  memhers  of  the  Legislature,  and  all  officers, 
executive  and  judiciaL  before  they  enter  upon  the  exe- 
cuUoii  of  the  dutie.^  of  their  respective  offices,  shall  take 
the  following  oath  or  affiraiation  : 

''I, ,  solemnly  swear  (or  affirm,  as  the  case 

may  be),  that  I  will  support  the  Constitution  of  the 
United  States,  and  the  Constitution  of  the  State  of  Ala- 


1740  Journal  of  Alabama 

bama,  so  long  as  I  continue  a  citizen  thereof;  and  that 
I  will  faithfully  and  honestly  discharge  the  duties  of  the 
office  upon  which  I  am  about  to  enter,  to  the  best  of  my 
ability.    So  help  me  God." 

This  oath  may  be  administered  by  the  presiding  officer 
of  either  House  of  the  Legislature,  or  by  any  officer 
authorized  by  law  to  administer  an  oath. 

ARTICLE  XVII. 

MISCELLANEOUS  PROVISIONS. 

280.  No  person  holding  an  office  of  profit  under  the 
United  States,  except  postmasters,  whose  annual  sal- 
aries do  not  exceed  two  hundred  dollars,  shall  during 
his  continuance  in  such  office  hold  any  office  of  profit 
under  this  State;  nor,  unless  otherwise  provided  in  this 
Constitution,  shall  any  person  hold  two  offices  of  profit 
at  one  and  the  same  time  under  this  State,  except  Jus- 
tices of  the  Peace,  Constables,  Notaries  Public,  and 
Commissioners  of  Deeds. 

281.  The  salary,  fees  or  compensation  of  any  officer 
holding  any  civil  office  of  profit  under  this  State  or  any 
county  or  municipality  thereof,  shall  not  be  increased 
or  diminished  during  the  term  for  which  he  shall  have 
been  elected  or  appointed. 

282.  It  is  made  the  duty  of  the  Legislature  to 
enact  all  laws  necessary  to  give  effect  to  the  provisions- 
of  this  Constitution. 

283.  The  act  of  the  General  Assembly  of  Alabama, 
entitled  "An  Act  to  consolidate  and  adjust  the  bonded 
debt  of  the  State  of  Alabama,"  approved  February  18th, 
1895,  and  an  act  amendatory  thereof  entitled  "An  Act 
to  amend  Section  6  of  an  act  to  consolidate  and  adjust 
the  bonded  debt  of  the  State  of  Alabama,  approved  Feb- 
ruary 18th,  1895,"  which  said  last  named  act  was  ap- 
proved February  16th,  1899,  are  hereby  made  valid,  and 
both  of  said  acts  shall  have  the  full  force  and  effect  of 
law,  except  insofar  as  they  authorize  the  redemption  be- 
fore maturity  of  the  bonds  authorized  br  said  acts  to  be 
issued.  The  Governor  is  authorized  and  empowered  to 
act  under  the  same  and  to  carry  out  all  tlie  ])rovisions 


Constitutional  Convention.  1741 

thereof;  provided,  that  the  bonds  authorized  to  be  issued 
by  said  acts  and  issued  thereunder  may  be  made  payable 
at  any  time,  not  exceeding  fifty  years  from  the  date 
thereof,  and  shall  not  be  redeemable  until  tlieir  ma- 
turity. 

ARTICLE  XVIII. 

mode  of  amending  the  constitution. 

284.  Amendments  may  be  proposed  to  this  Constitu- 
tion by  the  Legislature  in  the  manner  following: 
The  proposed  amendments  shall  be  read  in  the  House  in 
which  they  originate  on  three  several  days,  and  if  upon 
the  third  reading  three-fifths  of  all  the  members  elected 
to  tliat  House  shall  vote  in  favor  thereof  the  proposed 
amendments  shall  be  sent  to  the  other  House,  in  which 
they  shall  likewise  be  read  on  three  several  days,  and  if 
upon  the  third  reading  three-fifths  of  all  the  members 
elected  to  that  House  shall  vote  in  favor  of  the  proposed 
a.'endments,  the  Legislature  shall  order  an  elec- 
tion by  the  qualified  electors  of  the  State  upon  such 
proposed  amendments,  to  be  held  either  at  the  general 
election  next  succeeding  the  session  of  the  Legislature  at 
which  the  amendments  are  proposed  or  upon  another  day 
appointed  by  the  Legislature  not  less  than  three  months 
after  the  final  adjournment  of  the  session  of 
the  Legislature  at  which  the  amendments  were  pro- 
posed. Notice  of  such  election,  together  with  the  pro- 
posed amendments,  shall  be  given  by  proclamation  of 
the  Governor,  which  shall  be  published  in  every  county 
in  such  manner  as  the  Legislature  shall  direct, 
for  at  least  eight  successive  weeks  next  preceding  the 
day  appointed  for  such  election.  On  the  day  so  ap- 
pointed an  election  shall  be  held  for  the  vote  of  the 
qualified  electors  of  the  State  upon  the  proposed  amend- 
ments. If  such  election  be  held  on  the  day  of  the  gen- 
eral election,  the  officers  of  general  election  shall 
open  a  poll  for  the  vote  of  the  qualified  electors  on  the 
proposed  amendments ;  if  it  be  held  on  a  day  other  than 
that  of  a  general  election,  officers  for  such  election  shall 
be  appointed,  and  the  election  shall  be  held  in  all  things 
in  accordance  with  the  law  governing  general  elections.. 


1742      ■  Journal  of  Alabama 

In  all  elections  npon  such  proposed  amendments,  the 
votes  cast  thereat  shall  be  canvassed,  tabulated,  and  re- 
turns thereof  made  to  the  Secretary  of  State,  and 
counted,  in  the  same  manner  as  in  elections  for 
Representatives  to  the  Legislature;  and  if  it  shall- 
thereupon  appear  that  a  majority  of  the  qualified  elect- 
ors who  voted  at  such  election  upon  the  proposed  amend- 
ments voted  in  favor  of  the  same,  such  amendments  shall 
be  valid  to  all  intents  and  purposes  as  parts  of  this  Con- 
stitution. The  result  of  such  election  shall  be  made 
known  by  procamation  of  the  Grovernor.  Representa- 
tion in  the  Legislature  shall  be  based  upon  population, 
and  such  basis  of  representation  shall  not  be  changed 
b}^  constitutional  amendment. 

285.  Upon  the  ballots  used  at  all  elections  provided  for 
in  Section  284  of  this  Constitution  the  substance  or  sub- 
ject matter  of  each  proposed  amendment  shall  be  so  print- 
ed that  the  nature  tliereof  shall  be  clearly  indicated.  Fol- 
lowing each  proposed  amendment  on  the  ballot  shall 
be  printed  the  words  "Yes"  and  immediately  under 
that  shall  be  printed  the  words  "No."  The  choice  of  the 
elector  shall  be  indicated  by  a  cross  mark  made 
by  him  or  under  his  direction,  opposite  the 
"word  expressing  his  desire,  and  no  amendment  shall  be 
adopted  unless  it  receives  the  affirmative  vote  of  a  ma- 
jority of  all  the  qualified  electors  who  vote  at  such 
election. 

286.  No  convention  shall  hereafter  be  held  for  the 
purpose  of  altering  or  amending  the  Constitution  of 
this  State,  unless  after  the  Legislature  by  a  vote  of 
a  majority  of  all  the  members  elected  to  each  House  has 
passed  an  act  or  resolution  calling  a  Convention  for 
such  purpose,  the  question  of  Convention  or  No  Conven- 
tion shall  be  first  submitted  to  a  vote  of  all  the  qualified 
electors  of  the  State,  and  approved  by  a  majority  of  those 
voting  at  such  election.  No  act  or  resolution  of  the 
Legislature  calling  a  convention  for  the  purpose 
of  altering  or  auu^nding  the  Constitution  of  this  State, 
shall  be  repealed  except  upon  the  vote  of  a  majority  of 
all  the  members  elected  to  each  House  at  the  same  ses- 
sion at  which  such  act  or  resolution  was  passed;  pro- 


Constitutional  Convention.  J  74  3 

vided,  nothing'  herein  contained  shall  be  construed  as  re- 
stricting the  jurisdiction  and  power  of  the  Convention, 
when  duh'  assembled  in  pursuance  of  this  section,  to  es- 
tablish such  ordinances  and  to  do  and  perform  such 
things  as  to  the  Convention  may  seem  necessary  or 
proper  for  the  purpose  of  altering,  revising  or  amending 
the  existing  Constitution. 

287.  All  votes  of  the  Legislature  upon  proposed 
amendments  to  this  Constitution,  and  upon  bills  or 
resolutions  calling  a  Convention  for  the  purpose  of  al- 
tering or  amending  the  Constitution  of  this  State,  shall 
be  taken  by  yeas  and  nays  and  entered  on  the  Journals. 
No  act  or  resolution  of  the  Legislature  passed  in 
accordance  with  the  provisions  of  this  article,  proposing 
amendments  to  this  Constitution,  or  calling  a  conven- 
tion for  the  purpose  of  altering  or  amending  the  Con- 
stitution of  this  State,  shall  be  submitted  for  the  ap- 
proval of  the  Governor,  but  shall  be  valid  without  his 
approval. 

SCHEDULE. 

In  order  that  no  injury  or  inconvenience  may  arisj 
from  the  alterations  and  amendments  made  by  this  Con- 
stitution to  the  existing  Constiution  of  this  State,  and 
to  carry  this  Constitution  into  effect,  it  is  hereby  or- 
dained and  declared : 

1. — That  all  laws  in  force  at  the  ratification  of  this 
Constitution  and  not  inconsistent  therewith,  shall  re- 
main in  full  force  until  altered  or  repealed  by  the  Leg- 
islature; and  all  rights,  actions,  prosecutions,  claims  and 
contracts  of  the  State,  counties,  municipal  corporations, 
individuals  or  bodies  corporate,  not  inconsistent  with 
this  Constitution,  shall  continue  to  be  valid  as  if  this 
Constitution  had  not  been  ratified. 

2. — That  all  bonds  executed  by  or  to  any  officer 
of  this  State,  all  recognizances,  obligations  and  all  other 
instruments  executed  to  this  State,  or  to  an}^  subdivision 
or  municipality  thereof,  before  the  ratification  of  this 
Constitution,  and  all  fines,  taxes,  penalties  and  forfeit- 
ures due  and  owing  to  the  State,  or  any  subdivision   or- 


1744  Journal  of  Alabama 

municipality  thereof;  and  all  writs,  suits,  prosecu- 
tions, claims  and  causes  of  action,  except  as  herein 
"Otherwise  provided,  shall  continue  and  remain  unaffected 
by  the  ratification  of  this  Constitution.  All  indictments 
which  have  been  found,  or  which  may  hereafter  be 
found,  for  any  crime  or  offense  committed  before  the 
ratification  of  this  Constitution,  shall  be  proceeded  upon 
in*  the  same  manner  as  if  this  Constitution  had  not  heen 
ratified. 

3. — That  all  the  executive  and  judicial  officers,  and  all 
other  officers  in  this  State,  who  were  elected  at  the  elec- 
tions held  in  this  State  on  the  first  Monday  in  August,  in 
the  years  eighteen  hundred  and  ninety-eight  and 
nineteen  hundred,  or  who  have  been  appointed 
since  that  time,  and  all  members  of  the  present 
General  Assembly  and  all  who  may  hereafter  be  elected 
members  of  the  present  General  Assembly,  and  all  other 
officers  holding  office  at  the  time  of  the  ratification  of 
this  Constitution,  shall,  except  as  otherwise  provided  in 
this  Constitution,  continue  in  office  and  exercise  the 
duties  thereof  until  their  respective  terms  shall  expire, 
as  provided  by  the  Constitution  of  eighteen  hundred 
and  seventy-five,  or  the  laws  of  this  State. 

4. — This  Constitution  shall  be  submitted  to  the 
qualified  electors  of  this  State  for  ratification  or  re- 
jection, as  authorized  and  required  by  an  act  of  the  Gen- 
eral Assembly  of  this  State,  entitled,  "an  act  to  provide 
for  holding  a  Convention  to  revise  and  amend  the  Con- 
stitution of  this  State,"  approved  the  eleventh  day  of  De- 
cember, nineteen  hundred;  and  no  elector  shall  be  de- 
prived of  his  right  to  vote  at  the  election  to  be  held  for 
such  purpose  by  reason  of  his  not  being  registered. 

5. — That  instead  of  the  publication  as  required  by 
the  act  to  provide  for  holding  a  Convention  to  revise  and 
amend  the  Constitution,  approved  the  eleventh  day 
of  December,  nineteen  hundred,  the  Governor  of 
this  State  is  hereby  authorized  to  take  such 
steps  as  will  give  general  publicity  and  circulation 
to  this  Constitution  in  a  manner  as  economical  as  prac- 
ticable. 

6. — The  salaries  of  the  Executive  and  Judicial 
and  all  other  officers  of  this  State,  who  may  be 
holding  office  at  the  time  of  the  ratification  of  this  Con- 


Constitutional  Convention.  1745 

stitution,  and  the  pay  of  the  present  members  of  the 
General  Assembly,  shall  not  be  affected  by  the  provisions 
of  this  Constitution. 

Done  by  the  people  of  Alabama,  through  their  dele- 
gates in  Convention  assembled  in  the  hall  of  the  House 
•of  Representatives,  at  Montgomery,  Alabama,  this  the 
third  day  of  September,  Anno  Domini,  nineteen  hundred 
and  one. 

John  B.  Knox, 

President. 
Attest :  Frank  N.  Julian,  Secretary. 

David  C.  Almon, 
W.  A.  Altman, 
John  T.  Ashcraft, 
W.  H,  Banks, 
J.  H.  Barefield, 
W.  H.  Bartlett, 
J.  Robert  Beavers, 

C.  P.  Beddow, 

D.  S.  Bethune, 
Samuel  Blackwell, 
Burwell  Boykin  Boone, 
Leslie  E.  Brooks, 
C'ecil  Browne, 
Thomas  L.  Bulger, 
John  I).  Burnett, 

John  F.  Burns  (1875-1901), 

John  A.  Byars, 

H.  W.  Cardon, 

A.  H.  Carmichael, 

M.  S.  Carmichael, 

G.  H.  Carnathan, 

Davy  Crockett  Case, 

ReuT)en  Chapman, 

James  Edward  Cobb, 

W.  T.  L.  Cofer, 

Thomas  W.  Coleman, 

E.  W.  Coleman, 
Thomas  eL  Cornwell, 

110 


1746  Journal  of  Alabama 


B.  H.  Craig, 

H.  M.  Cunningham^ 

John  A.  Davis, 

Hubert  T.  Davis, 

S.  H.  Dent, 

Ed.  deGraffenriedy 

Joseph  B.  Dulve, 

B.  T.  Eley, 
John  C.  Eyster, 
T.  M.  Esp3^, 
Charles  W.  Ferguson, 
William  C.  Fitts, 

A.  kS.  Fletcher, 

J.  M.  Foster, 

N.  H.  Freeman, 

J.  A.  Gilmore, 

William  Franklin  Glover,. 

Edward  A.  Graham, 

Joseph  B.  Graham, 

L.  W.  Grant, 

John  W.  Grayson, 

Leonard  F.  Greer,  Sr., 

Charles  H.  Greer, 

C.  L.  Haley, 
William  A.  Handley, 

Geo.  P.  Harrison  (1875-1901)^ 

J.  Thomas  Heflin, 

John  T.  Heflin, 

Jere  C.  Henderson, 

Evans  Hinson, 

Patrick  W.  Hodges, 

Oliver  R.  Hood,  ^ 

Wilson  P.  Howell, 

Augustin  Clayton  Howze, 

W."  B.  Inge, 

E.  C.  Jackson, 

Samuel  C.  Jenkins, 

John  C.  Jones, 

J.  ^TcLean  Jones, 

Thomas  G.  Jones, 

I\i chard  C.  Jones^ 


Constitutional  Convention.  1747 

James  T.  Kirk, 
W.  W.  Kirkland, 
William  N.  Knight, 
R.  B.  Kyle, 

Emmett  W.  Ledbetter, 
Norville  K.  Leigh,  Jr., 
Lawrence  "^V.  Locklin, 
Tennent  Lomax, 
J.  Lee  Long, 
T.  L.  Long^ 
Eobert  J.  Lowe, 
William  T.  Lowe, 
Gordon  Macdonald, 

B.  F.  McMillan, 
Lee  McMillan, 
George  H.  Malone, 
J.  T.  Martin, 

J.  C.  Maxwell, 

Allen  H.  Merrill, 

Charles  H.  Miller, 

Joseph  N,  Miller, 

]\rilo  Moody, 

W.  O.  Mnlkey, 

Joel  D.  Mnrphree  (1875-1901), 

C.  C.  NeSmith, 
J.  D.  Norman, 
Joseph  Norwood, 

Wm.  C.  Gates  (1875-1901), 

Emmett  O'Neal, 

John  W.  O'Neill, 

Henry  Opp, 

Rufus  A.  O'Rear, 

Dabney  Palmer, 

George  H.  Parker, 

John  H.  Parker,  Sr., 

James  P.  Pearce, 

Erie  Pettns, 

E.  A.  Phillips, 

Harry  Pillans, 

P.  U.  Pitts, 

John  H,  Porter, 

John  Franklin  Proctor,  ^ 


1748  Journal  of  Alabama 


Henrv  Fontaine  Eeese  (Dallas) 

N.  pfKenfro, 

E.  J.  Keynolds, 

J.  J.  Robinson, 

C.  P.  Kogers,  Sr., 

John  Aduston  Eogers  of  Sumter 

Oountj,  Ala., 
Wni.  Hodges  Samford, 
^Y.  T.  Sanders, 
John  William  Augustine 

Sanford, 
George  A.  Searcy, 
Henr^'  C.  Selheimer, 
James  O.  Sentell, 
J.  B.  Sloan,  Jr., 
Gregory  L.  Smith, 
Mac.  A.  Smith, 
Morgan  M.  Smith, 
M.  S^ollie, 
George  A.  Sorrell, 
Napoleon  B.  Spears, 
Robert  E.  Spragins, 
J.  H.  Stewart, 
W.  H.  Tayloe, 
J.  F.  Thompson, 
Watkins  M.  Vaughan, 
Boswell  deGraffenried  Waddell, 
Eichard  W.  Walker, 
Thomas  H.  Watts, 
John  B.  Weakley, 
James  Weatherly, 
Frank  S.  White, 
W.  W.  Whiteside, 
Gesner  Williams  (Marengo), 
Arthur  E.  Williams, 
Massey  Wilson, 
Jere  N.  Williams, 
Edward  P.  Wilson, 
James  J.  Winn, 
E.  E.  Morrisette, 
E.  D.  Willett. 


Constitutional  Convention.  1749 

report  of  standing  committee. 

Mr.  Heflin,  of  Randolph,  chairman  of  the  Commit- 
tee on  Sehednle,  Printing-  and  Incidental  Expenses, 
reported  favorably  the  following-  ordinance,  which  was 
read  at  length: 

An  ordinance  to  provide  for  the  payment  of  the  Sec- 
retary of  the  Convention  and  his  assistants  for  services 
to  be  rendered  after  the  adjournment  of  the  Conven- 
tion. 

Whereas,  The  Secretaiy  will  be  unable  to  complete 
the  clerical  work  of  the  Convention  before  adjourn- 
ment;' 

Therefore,  be  it  ordained  by  the  people  of  Alabama,  in 
Convention  assembled,  That  the  sum  of  |200  or  so 
mucii  thereof  as  may  be  necessar}^,  be  and  the  same  is 
hereby  appropriated  to  be  paid  to  F.  N.  Julian,  Secre- 
tary of  the  Convention,  for  compensation  for  services 
necessary  to  be  rendered  by  him  and  his  assistants  after 
the  adjournment  of  the  Convention  in  completing  the 
clerical  work  of  the  Convention. 

Be  it  further  ordained  that  the  President  of  the  Con- 
■^ention  is  hereby  authorized  after  the  adjournment  of 
the  Convention  to  certify  the  amount  due  to  said  Sec- 
retary to  the  State  Auditor,  who  shall  draw  his  war- 
rant in  favor  of  the  said  Secretary  upon  the  State 
Treasurer  for  the  amount  so  certified  by  the  President. 

The  rules  were  suspended  and  the  ordinance  was 
adopted :  Yeas,  103 ;  nays,  6. 

YEAS. 

Messrs.  President,  Burnett, 

Altman,  Cardon, 

Ashcraft,  ('armichael  (Colbert), 

Banks,  Carnathon, 

Barefield,  Case, 

Bethune,  Chapman, 

Blackwell,  Cobb, 

Boone,  Coleman  (Greene), 

Brooks,  Coleman  (Walker), 

Bulger,  Craig, 


1750 


Journal  of  Alabama 


Davis  (DeKalb), 

Davis  (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Fitts, 

Fletcher, 

Foster, 

Gilmore, 

Glover, 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Haley, 

Handley, 

Harrison, 

Heflin  ( Chambers ) , 

Heflin  (Randolph), 

Henderson, 

Hood, 

Howell, 

Howze, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Montgomery), 

Jones  (Wilcox), 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Lomax, 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Maxwell, 


Merrill, 

Miller  (Marengo), 

Moody, 

Murphree, 

NeSmith, 

Norman, 

Xorwcod, 

Gates, 

O'Neal  ( Lauderdale ) , 

O'Rear, 

Palmer, 

Parker  (Cullman), 

Parker  (Elmore), 

Pierce, 

Pettus, 

Pillans, 

Pitts, 

Ken  fro, 

Reynolds  (Henry), 

Rogers  (Lowndes), 

Sanders, 

Sanford, 

Seaj'cy, 

Selheimer, 

Sentell, 

Smith  (Mobile), 

Smith,  Mac.  A., 

Smith,  Morgan  M., 

Sorrell, 

Sncars. 

Spi-agins, 

Tayloe, 

Thompson, 

Vaughan, 

Wnddell, 

Walker, 

Weakley, 

AA'liiteside, 

Williams   (Barbour), 

AVilliams  (Elmore), 

Wilson  (Clarke), 

Winn— 103. 


Constitutional  Convention.  1751 

NAYS. 

Messrs.  Bartlett,  Phillips, 

Bjars,  Reynolds  (Chilton), 

Foshee,  Stiiddard — 6. 

Mr.  Heflin  of  Randolph,  also  called  up  for  adoption 
the  report  of  the  Committee  on  Schedule,  Printing  and 
Incidental  Expenses,  which  was  read  at  length  as  fol- 
lows and  adopted:  Yeas,  125;  nays,  0. 
Mr.  President: 

The  Committee  on  Schedule,  Printing  and  Incidental 
Expenses  has  instructed  me  to  make  this,  our  final,  re- 
port : 

The  Committee  has  carefully  considered  all  ordi- 
nances, resolutions,  accounts  and  petitions  which  were 
referred  to  said  committee,  most  of  said  accounts  were 
allowed,  some  were  scaled  and  few  were  not  allowed. 
We  herewith  return  to  the  Convention  all  ordinances, 
resolutions,  petitions,  etc.,  that  were  referred  to  said 
-committee. 

The  committee  has  audited  the  accounts  hereto  at- 
tached and  finds  that  the  State  of  Alabama  is  indebted 
to  Marshall  &  Bruce  of  Nashville,  Tenn.,  in  the  sum  of 
•|7.00. 

We  find  that  said  State  is  indebted  to  the  Brown 
Printing  Company,  of  Montgomery,  Ala.,  in  the  sum  of 
•|207.50. 

We  find  that  said  State  is  indebted  to  the  Ed.  C.  Fow- 
ler Co.,  of  Montgomery,  Ala.,  in  the  sum  of  $64.40. 

We  find  that  said  State  is  indebted  to  the  Montgom- 
ery Advertiser  of  Montgomery,  Ala.,  in  the  sum  of  |.75. 

We  find  that  said  State  is  indebted  to  Robert  Has- 
son,  doorkeeper,  in  the  sum  of  .|6.10. 

We  find  that  said  State  is  indebted  to  Jos.  S.  Wing 
of  Montgomery,  Ala.,  in  the  sum  of  |6.70. 

All  of  the  above  amounts  are  for  printing  done,  and 
for  articles  furnished  the  State  of  Alabama  for  use  of 
the  Constitutional  Convention,  and  all  of  the  above 
accounts  are  itemized  as  shown  by  bills  hereto  attached. 
Total  amount  |292.45,  and  we  recommend  the  payment 
of  the  same.     All  of  which  is  respectfully  submitted. 

John  T.  Heflin^  Chairman. 


1752 


Journal  of  Alabama 


YEAS. 


Messrs.  President, 

Altman, 

Ashcraft, 

Banks, 

Barefield, 

Beavers, 

Beddow, 

Blackwell, 

Boone, 

Brooks, 

Browne, 

Bulger, 

Burnett, 

Burns, 

Byars,      • 

Cardon, 

Carmichael  (Colbert), 

Carmicliael  (Coffee), 

Carnatlion, 

Case, 

Chapman, 

Cobb, 

Coleman  (Greene), 

Cunningham, 

Davis  (DeKalb), 

Davis,   (Etowah), 

Dent, 

deGraffenried, 

Duke, 

Eley, 

Eyster, 

Espy, 

Ferguson, 

Fitts, 

Fletcher, 

Foshea, 

Foster, 

Gilmore, 


Glover, 

Graham  ( Montgomery )y 

Graham  (Talladega), 

Grayson, 

Greer  (Calhoun), 

Greer  (Perry), 

Haley, 

Handley, 

Harrison, 

Heflin  (Chambers), 

Heflin  (Randolph),. 

Henderson, 

Hinson, 

Hodges, 

Howell, 

Inge, 

Jackson, 

Jenkins, 

Jones  (Bibb), 

Jones  (Wilcox),. 

Kirk, 

Kirkland, 

Knight, 

Kyle, 

Leigh, 

Lomax, 

Long  (Walker), 

Lowe  (Jeiferson), 

Lowe  (Lawrence), 

Macdonald, 

McMillan  (Baldwin), 

McMillan  (Wilcox), 

Malone, 

Martin, 

Merrill, 

Miller  (Marengo), 

INliller  (Wilcox), 

]\roody. 


Constitutional  Convention. 


1753: 


Mulkey, 

Murphree, 

NeSmith, 

Norwood, 

Gates, 

O'Neal  (Lauderdale), 

Opp, 

O'Rear, 

Parker  (Cullman), 

Parker  (Elmore), 

Pearce, 

Pettus, 

Pillans, 

Pitts, 

Porter, 

Renfro, 

Reynolds  (Chilton), 

Reynolds  (Henry), 

Robinson,  ^ 

Rogers   ( Lowndes ) , 

Rogers  (Sumter), 

Sanders^ 

Sanford, 

Searcy, 

Selheimer. 


Sentell, 

Sloan, 

Smith  (Mobile), 

Smith,  Mae.  A , 

Smith,  Morgan  M., 

Sollie, 

Sorrell, 

Spragins, 

Stewart, 

Tayloe, 

Thompson, 

Vaughan, 

Waddell, 

Walker, 

Watts, 

Weakley, 

Weatherly, 

Whiteside, 

Williams  (Barbour), 

Williams  (Marengo), 

Williams  (Elmore), 

Wilson  (Clarke), 

Wilson  (Washington), 

Winn— 125. 


appointment  of  committee. 


The  President,  under  the  resolution  heretofore 
adopted,  raising  a  committee  for  the  purpose  of  prepar- 
ing an  address  on  the  Constitution,  appointed  the  fol- 
lowing committee: 

First  district,  Gregory  L.  Smith. 

Second  district,  Thomas  G.  Jones. 

Third  district,  Thomas  M.  Espey. 

Fourth  district,  Henry  H.  Reese, 

Fifth  district,  James  E.  Cobb. 

Sixth  district,  Thomas  W.  Coleman. 

Seventh  district,  O.  R.  Hood. 

Eighth  district,  R.  W.  Walker. 

Ninth  district,  James  Weatherly. 


1754  Journal  of  Alarama 

adjournment. 

On  motion  of  Mr.  deGraffenried  the  Convention  ad- 
journed sine  die,  after  divine  blessing  had  been  invoked 
by  Dr.  A.  L.  Andrews  of  the  city. 

John  B.  Knox, 
President  of  the  Constitutional  Convention. 
Attest :  Frank  N.  Juuian,  Keeretarv- 


Constitutional  Convention.  1755 

ADDRESS  OF  THE  COMMITTEE. 

To  the  People  of  Alahania: 

The  Convention  lately  assembled  bj  3011  to  amend, 
and  revise  the  Constitution  of  Alabama  asks  yours  con- 
siderate judgment  upon  the  new  instrument,  and  has 
appointed  the  undersigned  delegates  to  la}-  before  you 
the  reasons  which  urge  its  ratitication. 

It  is  no  disparagement  of  the  wisdom  or  fidelity  of 
the  Convention  of  1875  to  declare  that  the  proposed 
Constitution  is  far  better  for  us  than  our  present  or- 
ganic law. 

PROBLEMS  BEFORE  THE  CONVENTION  OF  1875. 

That  Convention  met  when  the  passions  of  the  great 
"w^ar  had  not  yet  subsided,  and  sectional  distrust  was 
«till  acute  and  aggressive.  The  Congress  of  the  United 
States,  and  public  opinion  in  the  dominant  sections 
"were  still  unconvinced  that  a  government  for  the  peo- 
ple of  Alabama,  controlled  or  directed  by  the  suffrage 
of  former  African  slaves,  was  neither  justifiable  nor  pos- 
sible. Our  then  fundamental  law,  framed  by  aliens, 
had  been  put  in  force  by  military  power,  after  its  re- 
jection at  the  polls.  The  State  was  burdened  with  di- 
rect debt,  and  liable  for  many  millions  of  dollars  lost 
or  squandered  in  reckless  railroad  enterprises.  Our 
people  had  just  regained  control  of  their  State  govern- 
ment, and  were  suffering  from  the  miseries  of  long  years 
■of  misrule  and  the  depression  inevitable  from  the  read- 
justment of  our  systems  of  labor  and  industry.  It  could 
not  be  foreseen  whether  Congress  would  interfere,  if 
<^hanges  were  made  in  the  basis  of  suffrage.  Above  all 
things,  the  State  needed  rest. 

Under  such  conditions  the  Convention  of  1875  had 
little  freedom  of  action.  Its  members  shared  the  opin- 
ion of  the  masses  of  the  people,  that  beyond  the  adoption 
of  a  Constitution  which  should  be  the  free  act  of  Ala- 
bama, with  such  provisions  as  were  absolutely  neces- 
sary to  prevent  excessive  taxation,  the  creation  of 
new  debts,  and  to  enforce  economy  in  the  government. 


1756  Journal  of  Alabama 

few  changes  should  be  undertaken  in  the  organic  law. 
Dreading  Federal  intervention,  that  Convention  did  not 
disturb  the  existing  basis  of  sutfrage,  but  felt  compelled 
to  fasten  it  upon  us  by  restrictions,  going  far  beyond  the 
Fifteenth  amendment,  forbidding  ''any  educational  or 
property  qualification  for  suffrage  or  office."  With  the 
great  question  thus  put  aside,  the  task  of  that  Conven- 
tion was  comparatively  simple,  and  could  be  speedily 
accomplished. 

THE  GREATER  TASK  OF  THE  CONVENTION  OF  1901. 

The  relief  afforded  by  that  Constitution,  in  the  nature 
of  things,  could  only  be  transient,  since  the  growing 
cancer  of  the  suffrage  remained  untouched,  while  the 
State  meanwhile  was  rapidly  changing  from  agricul- 
tural pursuits  to  mining,  manufacturing  and  other  in- 
dustries, and  increasing  from  year  to  year  in  population 
and  wealth.  It  was  inevitable  that  insistent  demands 
Avould  arise,  from  time  to  time,  for  a  Constitutional 
Convention  to  adjust  the  existing  organic  law  to  our 
present  needs.  The  final  response  to  these  demands  was 
the  act  of  the  General  Assembly  of  1901,  and  the  ap- 
proval by  the  people  of  the  call  for  a  Constitutional 
Convention. 

Compelled  to  find  some  solution  for  the  evils  which 
its  predecessors  did  not  attempt  to  solve,  and  confronted 
by  new  conditions,  and  faults  developed  by  the  work- 
ings of  the  present  Constitution,  the  Convention  of  1901 
fully  realized  the  magnitude  of  its  task,  the  completion 
of  which  did  not  admit  of  the  haste  permissible  under 
the  conditions  existing  in  1875.  The  Convention  felt 
it  a  high  duty,  no  less  to  you  than  to  itself,  to  proceed 
cautiously,  and  to  act  finally  only  after  the  maturest  dis- 
cussion and  delil)eration.  The  result  is  befcn-e  you.  Care- 
ful scrutiny  and  review  of  the  many  changes  will  show 
their  importance,  and  prove  their  benefits.  At  the  sacri- 
fice of  brevity,  we  set  out  these  changes  in  substance 
that  you  may  judge  of  them  by  what  they  are,  rather 
than  by  what  we  say. 

SUFFRAGE. 

Tl)e  years  since  the  adoption  of  the  Coustitntion  of 
1875  have  been  one  long  battle  to  ])revent  tlie  undermin- 
ing of  our  institutions  bj'  the  participation  in  our  gov- 


Constitutional  Convention.  1857 

€riiment  of  a  mass  of  luiworthv  ov  vicious  voters.  Daily 
experience  lias  brought  home  to  you,  with  a  force  to 
which  no  recital  by  us  eau  add,  the  array  of  evils  which 
follow  in  the  train  of  such  a  struggle,  and  the  fearful 
sweep  in  the  future,  if  we  can  not  find  other  means  to  in- 
sure good  government.  Kelief  from  present  conditions 
is  essential  to  our  morals,  our  peace  and  our  welfare. 
Nothing  could  be  Avorse  than  the  inevitable  o])eration  of 
our  present  sutfrage  provisions.  Any  change  whicli  re- 
stricts the  evil,  must  be  improvement. 

With  the  choice  of  means  narrowed  by  the  Fifteenth 
amendment,  and  complicated  by  the  necessities  and  con- 
ditions of  different  localities,  the  task  of  framing  a 
remedy  which  would  meet  your  desires  and  be  free  from 
objection  or  attack  upon  moral  or  constitutional  grounds 
has  not  been  an  easy  one.  Your  delegates  have  wrought 
as  best  they  could,  and  submit  the  result  of  their  labors, 
feeling  confident  that  the  plan  submitted  will  purge  the 
electorate  of  the  unworthy  and  vicious  voter  who  has  so 
long  debased  our  suffrage. 

The  Suffrage  Article  of  the  proposed  Constitution  pro- 
vides for  the  registration  of  all  voters  under  the  pres- 
ent law  who  have  honorably  served  their  country  in 
war,  the  lawful  descendants  of  such  persons,  and  all 
who  are  of  good  character  and  who  understand  the 
duties  and  obligations  of  citizenship  under  a  republican 
form  of  government.  This  provision  saves  to  every 
man  who  avails  himself  of  it,  the  privilege  of  suffrage 
for  life.  The  result  will  be  that  the  ballot  will  be  left 
in  the  hands  of  those  of  our  present  voting  population 
who  have  demonstrated  their  capacity  to  exercise  the 
privilege  in  the  interest  of  social  order  and  progress; 
and  the  right  to  a  place  on  such  permanent  registration 
will  be  denied  only  to  the  mass  of  vicious  or  unworthy 
voters,  which  has  so  long  threatened  our  welfare.  The 
fact  was  recognized  that  the  qualities  of  good  citizenship 
and  the  capacity  and  disposition  to  exercise  the  voting 
privilege  properly,  are  so  generally  possessed  by  that 
part  of  our  present  voting  population  which  is  composed 
of  those  who  have  honorably  served  in  our  wars  and  the 
lawful  descendants  of  such  persons,  that  a  due  regard 


1758  Journal  of  Alabam.\. 

for  the  public  welfare  would  uot  warrant  anj  interfer- 
ence  with  that  right  as  now  enjo^^ed  by  them.  All  such 
persons,  and  all  who  are  of  good  character  and  who 
understand  the  duties  and  obligations  of  citizenship,  will 
have  the  unchallenged  right  to  register  for  life.  It  is 
confidenth'  asserted  that  no  worthy  man,  now  an 
elector,  or  who  would  become  an  elector  under  existing 
laws  prior  to  the  first  day  of  January,  1903,  can  have 
an3'  difficulty  in  registering  as  a  voter  for  life;. or,  once 
being  registered,  can  be  debarred  from  future  participa- 
tion in  the  government.  The  question  of  the  consistency 
of  this  provision  with  the  requirements  of  the  Consti- 
tution of  the  United  States  was  fully  and  patiently  con- 
sidered by  the  Convention.  The  only  doubt  developed 
w^as  in  reference  to  the  feature  securing  the  right  to 
vote  to  those  whose  claim  rests  solely  upon  the  fact  that 
they  are  descendants  of  men  w^ho  honorably  served  in 
our  wars.  This  objection  was  nuide  by  four  of  the- 
twenty-five  members  of  the  committee  to  which  the  sub- 
ject of  suffrage  was  referred  by  the  Convention ;  and, 
though  the  objection  was  concurred  in  by  some  other 
members  of  the  Convention,  after  patient  deliberation: 
and  full  discussion  b}"  the  committee  and  by  the  Con- 
vention, an  overwhelming  majority  of  the  Convention- 
remains  fully  satisfied  of  the  wisdom  and  validity  of 
their  action  in  this  particular.  The  delegates  who  dif- 
fered on  this  point  from  the  great  majority  of  their  as- 
sociates (save  only  the  few  who  represented  political 
ideas  which  proclaimed  hostility  in  advance  to  our- 
work),  agree  that  whether  this  one  special  clause  of  the 
article  be  stricken  down  or  upheld,  the  several  provis- 
ions of  the  article,  wliose  clauses  are  separate  and  not 
dependent  the  one  on  the  other,  embody  the  only  practi- 
cable lines  in  reach  of  any  reform  of  the  peculiar  con- 
ditions which  breed  bad  suffrage;  and  that  opposition 
to  the  ratification  of  the  Constitution,  because  of  this 
one  clause,  is  not  only  the  rejection  of  the  manifest  good 
in  the  other  articles,  but  inevitable  hostility  to  any  feasi- 
ble attempt  to  better  our  suffrage,  and  is,  therefore,  not 
justified,  but  deeply  to  be  deplored.  We  have  all  to  gain 
and  nothing  to  lose  by  ratifying  the  new  instrument.. 


Constitutional  Convention.  1759- 

It  must  be  apparent  to  reflecting  minds  that  Federal  in- 
terference, the  risk  of  whicli  is  sometimes  put  forward 
as  a  reason  for  opposition  to  the  new  instrument,  is  muck 
more  lilvclj  to  be  provoked  in  the  future  by  the  con- 
tinuance of  existing  methods  for  the  control  of  the 
suflrage,  than  by  any  change  wrought  by  the  ratifica- 
tion of  the  new  instrument. 

The  above  mentioned  registration  will  be  made  in 
each  county  by  a  board  of  three  reputable  and  suitable 
persons,  residents  of  the  county,  to  be  appointed  by  the 
Governor,  Auditor  and  Commissioner  of  Agriculture. 
The  effect  of  that  registration  will  be  the  elimination  of 
a  great  mass  of  vicious  and  incompetent  voters.  Fur- 
ther, provision  is  then  made  to  maintain  for  the  future 
the  standard  of  the  electorate.  A  lack  of  the  qualities 
of  intelligence,  thrift,  and  a  regard  for  the  public  wel- 
fare generally  characterizes  that  part  of  our  present  vot- 
ing population  whose  participation  in  the  government  of 
the  State  is  sought  to  be  abridged.  The  object  of  the 
educational  and  property  qualifications  proposed  for 
those  who  shall  become  of  age  and  seek  the  right  to  vote 
after  January  1st,  1903,  is  the  exclusion  of  that  unde- 
sirable class.  Those  qualifications  should  appeal  strongly 
to  the  mothers  and  fathers  and  youth  of  the  land.  The 
requirements  will  be  within  the  reach  of  all  worthy  men. 
The  desire  to  fulfill  them  will  uplift  those  who  are  to 
come  after  us  to  keener  appreciation  of  the  privilege  of 
suffrage  and  better  fit  them  for  the  ennobling  and  re- 
sjx)nsible  duties  of  citizenship.  What  manly  and  self- 
respecting  youth  in  this  day  of  abundant  opportunities 
of  free  education  and  self-advancement,  will  listen  to 
the  debasing  cry  of  those  who  wish  to  prevent  our  de- 
liverance, that  the  State  wrongs  the  youth  when  it  asks 
in  return  for  the  privilege  of  voting  two  years  hence, 
that  he  prepare  himself  by  learning,  within  the  ample 
time  given  him,  to  read  parts  of  the  Constitution  of  the 
United  States,  or  develop  sufficient  character  and  thrift 
to  accumulate  a  rerj  small  amount  of  property  which 
the  humblest  starting  life  under  the  most  adverse  cir- 
cumstances can  quickly  acquire?  What  right-thinking 
or  self-honoring  man  is  willing  to  claim  and  enjoy  all 


1760  Journal  of  Alabama 

the  benefits  of  governmeut  and  is  im willing  to  make  any 
sacrifice  or  contribute  anTtliing  whatever  to  sustain  it? 
Scarce  a  generation  since  thousands  of  Alabamians 
risked  and  sacrificed  their  lives  for  the  welfare  of  the 
State;  and  now  their  children  are  thought  by  some  so 
unworthy  of  their  fathers  that  they  are  told  that  the 
payment  of  a  poll  tax  of  less  than  half  a  cent  a  day,  in 
aid  of  the  public  schools,  as  one  of  the  helps  to  a  higher 
and  better  suffrage,  demands  a  sacrifice  which  they 
should  set  in  the  balance  against  your  efforts  to  uplift 
our  civilization.  We  leave  the  fit  answer  to  this  ignoble 
suggestion  to  that  love  of  country  which  has  always 
marked  our  people,  and  borne  them  upward  in  all  their 
struggles  and  trials. 

SHALL  WE  DESCEND  INTO  THE  MIRE  IX  ORDER  TO  BE 
CLEANSED? 

Of  those  who  profess  a  desire  to  be  rid  of  our  evil  con- 
dition and  at  the  same  time  proclam  hostility  to  our  ef- 
forts, it  is  proper  to  ask  what,  if  any,  remedy  they  pro- 
pose. Can  defeat  of  the  new  Constitution  promote  any 
good  end?  Will  it  not  fasten  upon  us  the  present  curse, 
and  cut  off  all  hope  of  relief  for  a  generation  to  come? 
Is  it  not  far  better  and  wiser  to  take  the  present  step, 
and  if  experience  proves  it  ineffectual,  to  seek  further 
remedy  by  prompt  amendment  of  the  Constitution, 
which  is  easy  under  the  new  instrument,  than  to  fall 
back  again  deeper  in  the  mire,  and  then  hope  to  rise 
from  its  depths  and  cleanse  our  institutions? 

FAIR  ELECTIONS. 

The  surest  and  most  enduring  foundation  for  fair 
elections  is  honest  and  intelligent  voters.  The  new  in- 
strument furnishes  this  great  support,  by  sifting  the 
worthy  from  the  unworthy  in  selecting  those  entitled  to 
suffrage.  To  the  penalties  which  the  Legislature  has 
provided,  or  may  provide,  to  enforce  honesty  in  elections 
the  Constitution  itself  has  added  disfranchisement  of  all 
who  buy  or  sell  votes,  or  make  false  returns  in  legal  or 


Constitutional  Convention.  1761 

primary  elections,  and  lias  made  false  reg-istration  a 
felon}'.  With  the  elimination  of  the  mass  'of  virions 
Totes,  the  power  of  which  is  always  songht  to  nmjjire  the 
result  of  elections  when  good  men  divide,  all  excuse  or 
temptation  is  destroyed  to  tamper  with  the  ballot  box, 
to  prevent  the  vicious  from  overturning  good  govern- 
ment and  imperilling  all  that  is  protected  by  it.  With 
the  disappearance  of  the  cause  which  leads  to  the  vio- 
lation of  the  sanctity  of  elections,  public  opinion,  which 
is  stronger  and  more  far-reaching  than  law,  will  again 
reassert  itself  and  effectually  guard  the  ballot  box.  Con- 
sciously or  unconsciously,  ulterior  motives  must  con- 
trol the  mind  which  proclaims  opposition  to  the  Con- 
stitution on  the  pretext  that  its  ratification  will  cause 
the  continuation  of  election  abuses. 

education. 

The  importance  of  public  schools  to  the  welfare  of  the 
State  is  recognized  and  emphasized  by  the  provisions 
made  to  sustain  education.  The  new  Constitution,  of 
its  own  vigor,  appropriates  about  eight  times  as  much 
as  the  old  Constitution.  The  new  instrument  preserv- 
ing all  the  old  sources  of  revenues,  appropriates  each 
year  to  the  j)ublic  schools  nearly  one-half  of  all  the 
taxes  levied  and  collected  by  the  State,  and  enjoins  upon 
the  Legislature  the  increase  of  this  fund  from  time  to 
time  as  the  resources  of  the  State  may  justify.  Power 
is  given  counties  to  levy  a  special  tax,  not  to  exceed  10 
cents  on  each  |100  worth  of  taxable  property  therein^  for 
the  support  of  the  public  schools,  when  voted  by  three- 
fifths  of  the  voters  at  the  election,  subject  to  the  limita- 
tion that  the  rate  of  State  and  county  taxation  per  an- 
num must  not  be  increased  to  more  than  |1.25  on  each 
flOO  worth  of  property,  excluding  special  taxes  for 
bridges  and  payment  of  debts  existing  in  1875. 

Acknowledgment  has  been  made  in  the  Constitution 
itself  of  a  just  debt  to  the  University,  and  provision 
made  for  the  payment  of  interest  thereon.  Change  has 
been  made  in  the  mode  of  apjwinting  its  trustees,  which 
those  most  interested  in  the  University  believe  will  re- 
in 


1762  JOURNAL  OF  Alabama 

doiind  to  its  welfare.  Greater^ stability  has  been  given 
to  the  Board  of  Trustees  of  the  Alabama  Polvteclmie 
Institute  by  longer  terms  to  its  trustees. 

The  new  instrument  has  gone  to  the  verge  of  the 
ability  of  the  State  to  sustain  and  increase  schools;  and 
as  the  State  grows  in  wealth,  the  Constitution,  by  its 
own  operation,  will  correspondingly  increase  the  public 
contributions  to  the  cause  of  education.  What  better 
response  could  be  made  to  the  impulse  of  our  people  for 
more  and  better  schools? 

TAXATION. 

The  State  tax  on  property  has  been  decreased  from 
75  cents  per  annum  on  the  |100  to  65  cents  on  the  |100. 
Debts  for  the  rent  or  hire  of  real  Or  personal  property, 
while  owned  by  the  landlord  or  hirer  during  the  year  of 
such  rental  or  hire,  are  not  taxable  if  the  property  itself 
has  been  assessed  at  its  full  value. 

To  meet  emergencies,  the  power  of  the  Governor  has 
been  extended  to  negotiate  temporary  loans  to  the 
amount  of  |300,000.  Counties  are  forbidden  to  levy  a 
greater  rate  of  taxation  per  annum  than  one-half  of  1 
per  centum;  but  an  additional  one-fourth  of  1  per  cent, 
may  be  collected  for  debts  existing  at  the  rati- 
fication of  the  Constitution  of  1875.  To  meet  debts 
incurred  for  public  buildings  or  bridges,  a  county  may 
levy  a  tax  of  one-fourth  of  one  per  centum.  Under  the 
existing  Constitution,  the  rate  of  taxation  for  such  pur- 
poses is  unlimited.  Cities,  towns  and  villages,  with  a 
few  excepted  by  name  whose  necessities  and  debts  de- 
manded the  exception,  are  forbidden  to  levy  a  higher 
rate  of  taxation  per  annum  than  one-half  of  1  per  centum 
upon  the  property,  as  assessed  for  State  taxation  during 
the  preceding  year. 

The  Legislature  is  authorized  to  levy  a  tax  of  not  more 
than  two  and  one-half  per  centum  on  the  value  of  any 
real  or  personal  property  situate  in  this  State,  where 
the  same  passes  by  the  laws  of  descent,  or  by  will,  or  in- 
strument taking  effect  at  death,  i.o  any  person,  other 
than  the  father,  mother,  husband,  wife,  brothers,  sisters 


Constitutional  Convention.  1763 

or  children  or  lineal  descendants  of  the  person  owning 
such  estate. 

INCREASING  THE  TOWER  OF  THE  Pi:OPLE. 

One  prominent  object  of  the  new  instrument  is  to 
bring  the  government  nearer  to  the  people.  To  this  end 
election  is  confided  to  them  of  some  officials  heretofore 
chosen  by  the  Legislature;  the  requirement  is  made  in 
case  of  vacancies,  original  or  otherwise,  in  executive 
and  judicial  offices,  that  the  people  fill  the  office  at  the 
next  election  for  any  State  officer;  that  counties,  cities, 
towns  and  villages,  before  issuing  bonds,  must  obtain 
an  approving  vote  of  their  electors ;  and  that  a  majority 
of  the  qualified  electors  of  a  county,  voting  at  an  election 
for  that  purpose,  can  alone  authorize  the  removal  of  a 
county  site. 

LESSENS  THE  NUMBER  AND  FREQUENCY  OF  ELECTIONS. 

While  providing  for  effective  control  by  the  people  of 
their  government,  it  has  been  one  of  the  aims  of  the  new 
instrument  to  save  the  people  from  the  expense  and  tur- 
moil of  an  unnecessary  number  or  frequency  of  elections. 
The  Constitution  of  the  United  States  requires  the  hold- 
ing of  an  election  for  Representatives  in  Congress  every 
two  years.  Under  our  present  Constitution,  there  must 
also  be  separate  elections  every  two  years  for  all  the  exe- 
cutive officers  and  members  of  the  Legislature.  Every 
fourth  year  these  officers  and  Sheriffs  must  be  elected. 
Every  sixth  year  every  officer  of  the  State,  legislative, 
executive  or  judicial,  is  elected.  These  frequent  elections, 
and  the  canvasses  which  precede  them,  have  become 
a  great  burden  to  the  people,  largely  diverting  them  from 
their  ordinary  pursuits,  and  promoting  instability  in 
the  execution  of  the  laws,  and  policies  of  the  government. 
To  relieve  the  people  from  this  expense  and  vexation, 
the  terms  of  the  executive  officers  and  members  of  the 
Legislature  have  been  lengthened  to  four  years,  and  all 
State  and  Federal  elections  are  to  be  held  on  the  same 
day.  In  view  of  the  contingency  of  it  again  becoming 
advisable  to  hold  the  State  and  Federal  elections  at  dif- 


1764  Journal  of  Alabama 

ferent  times,  the  Legislature  is  authorized  to  change 
the  time  of  elections.  It  is  confidently  believed  that 
these  changes  will  be  grateful  to  the  people,  and  con- 
ducive to  the  public  good. 

DECLARATION  OF  RIGHTS. 

The  only  marked  changes  under  this  head  are  that  an 
application  for  change  of  venue  for  a  defendant  in  jail, 
or  other  legal  place  of  confinement,  may  be  heard,  on  his 
application,  without  the  personal  presence  of  the  de- 
fendant ;  and  the  courts  may,  for  reasons  defined  by  law, 
discharge  juries  from  the  consideration  of  any  case, 
without  the  prisoner's  gaining  advantage  thereby  and 
the  omission  therefrom  of  the  clause  forbidding  any 
property  or  educational  qualification  for  suffrage  or 
office. 

LEGISLATIVE  DEPARTMENT. 

The  changes  in  this  article  are  far-reaching  and  im- 
portant. By  "the  law  of  the  land''  we  hold  all  that  we 
have.  The  rights  and  interests  of  the  people  are  most 
securely  guarded,  when  the  law,  under  the  same  circum- 
stances, is  the  same  for  all  men.  Without  this,  there  is 
no  "equality  before  the  law."  For  years  past  this  great 
rule  of  just  and  good  government  has  been  ignored  by 
our  General  Assembly.  Local  legislation  and  private 
laws  have  been  the  rule,  and  general  legislation  the  ex- 
ception. Eights  and  privileges  have  been  conferred  with 
liberal  hand  upon  favored  individuals  and  localities, 
which  could  not  be  had  by  others  under  the  general  law. 
The  time  of  legislators  has  been  devoted  almost  wholly 
to  matters  of  no  concern  to  the  general  public.  The  in- 
terests seeking  special  favors  thronged  legislative  halls 
with  lobbyists  absorbing  the  time  and  distracting 
the  attention  of  the  members.  The  usefulness 
of  a  member  has  come  to  be  measured  by  the 
number  of  private  or  local  laws  he  can  get  upon  the 
statute  book.  These  being  of  prime  importance,  mem- 
bers entrusted  with  local  measures  frequently  feared  to 


Constitutional  Convention.  1765 

risk  opposition  by  taking  a  position  upon  any  general 
law  of  importance.  Tlie  vast  number  of  these  special 
measures  prevents  all  scrutiny  of  tliem,  and  causes 
sliocking  disregard  of  the  safeguards  the  Constitution 
requires  in  the  passage  of  laws ;  and  sometimes  scandal. 
The  legislator,  instead  of  being  the  representative  of  the 
State,  becomes  a  local  monarch  to  dispense  its  favors. 
A  so-called  courtesy  denies  a  hearing  to  the  people  af- 
fected b}^  these  measures,  if  their  immediate  representa- 
tives insist  on  their  passage.  General  legislation  has 
been  almost  wholly  neglected.  .  Such  measures,  when 
taken  up,  are  enacted  without  time  for  due  deliberation 
or  consideration,  resulting  in  much  crude  and  hasty 
legislation.  The  speed  necessary,  when  such  a  vast  num- 
ber of  bills  are  passed  in  a  limited  session,  not  infre- 
quently has  prevented  proper  entries  on  the  Journals, 
and  thus  overthrown  important  general  laws,  as  in  the 
case  of  at  least  one  general  revenue  bill.  These  things 
have  made  legislative  service  distasteful  to  many  whom 
the  people  would  have  been  glad  to  have  called  into  their 
service.  Local  and  private  legislation  has  thus  grown 
into  an  intolerable  abuse,  greatly  detracting  from  the 
morale  of  the  law-making  department,  and  to  some  ex- 
tent Avithdrawing  confidence  from  it.  The  suppression 
of  this  evil,  if  nothing  else  had  been  accomplished,  would 
justfy  the  cost  of  the  Convention. 

Under  the  new  Constitution,  this  evil  is  plucked  up  by 
the  roots;  for  the  power  of  the  legislator  over  such  mat- 
ters has  been  absolutely  annihilated.  Instead,  provision 
has  been  made  for  general  laws,  appliealtle  alike  to  all, 
whereby  local  and  private  interests  may  be  secured  and 
protected,  with  such  rights  and  privileges  as  are  requis- 
ite. Individuals  or  localities  interested  in  such  matters 
can  obtain  relief  at  home,  without  submitting  them- 
selves to  the  caprice  of  members  of  the  Legislature,  or 
incurring  loss  of  time  and  money  by  coming  to  and  re- 
maining at  the  seat  of  government. 

The  constant  change  or  repeal  of  laws  and  the  substi- 
tution of  new  laws  in  their  place,  after  the  people  have 
adjusted  their  pursuits  and  business  to  the  old  law,  is 
always  a  drawback  to  confidence  and  contentment.    The 


1766  Journal  of  Alabama 

Legislature,  having  been  freed  from  the  necessity  of 
dealing  with  innumerable  local  and  private  interests, 
which  demand  more  frequent  sessions  than  general  sub- 
jects, a  change  has  been  made  from  biennial  sessions  to 
sessions  once  every  four  years.  This  change  was  induced 
by  the  considerations  that  the  laws  having  a  longer  time 
to  stand,  would  be  better  understood,  and,  therefor,  bet- 
ter executed,  and  men  could  proceed  with  more  confi- 
dence. The  change  will  also  result  in  the  saving  to  the 
taxpa^'Crs  of  |50,000  every  four  years,  which  is  the  cost 
of  the  biennial  sessions  now  omitted.  It  is  confidently 
believed  experience  will  fully  vindicate  the  policy  of 
longer  intervals  than  at  present  between  the  sittings  of 
our  law-makers.  Certain  it  is,  no  harm  can  come  to  the 
State;  since  if  the  emergency  arises,  the  Governor  can 
call  special  sessions;  while  provision  has  been  made  for 
the  Legislature  to  assemble  of  its  own  motion,  if  neces- 
sary, to  exercise  the  power  of  impeachment. 

Many  new  provisions  liave  been  made  to  prevent  imi)o- 
sitions^  upon  members,  or  fraudulent  practices  in  the 
passage  of  bills;  to  guards  members  against  improper 
influences  and  for  la3ing  before  each  regular  session  of 
the  Legislature  revenue  bills  with  such  provisions  as  the 
experience  of  the  Executive  Department  may  suggest, 
for  their  action. 

No  liability,  of  any  person,  or  corporation,  owned  by 
the  State,  or  any  county  or  other  municipality  thereof, 
shall  be  released,  or  in  any  way  diminished  by  the  Legis- 
lature, except  upon  full  payment  thereof ;  nor  shall  such 
liability  be  changed  or  transferred,  except  upon  the 
payment  of  its  face  value;  but  the  Legislature  may,  by 
general  law,  provide  for  the  compromise  of  doubtful 
claims.  After  suit  commenced,  the  Legislature  shall 
have  no  ])ower  to  take  away  the  cause  of  action,  or  de- 
stroy any  existing  defense  to  tlie  suit.  The  Legislature 
is  forbidden  to  enact  any  law,  not  applicable  to  all 
counties,  regulating  costs,  fees,  commissions  or  allow- 
ances to  public  officers. 

Broad  i)owers  are  specificallv  conferred  for  the  "regu- 
lation, proliibition,  or  reasonable  restraint"  of  carriers, 
trusts,  monopolies  and  combinations  of  capital,  "so  as 


Constitutional  Convention.  1767 

to  prevent  tliem  from  making  scarce  articles  of  neces- 
sity, trade  or  commerce,  or  from  increasing  unreason- 
ably the  cost  thereof,  to  the  consumer,  or  preventing 
reasonable  competition  in  any  trade,  calling  or  busi- 
ness." 

EXECUTIVE  DEPARTMENT. 

The  practice  of  the  people  of  late,  almost  without  ex- 
ception, has  been  to  give  two  terms  to  the  executive  offi- 
cers, and  to  deny  them  a  third  term.  The  new  instru- 
ment, in  lengthening  the  term  to  four  years,  and  making 
them  ineligible  to  succeed  themselves,  merely  adopts, 
in  the  organic  law,  the  policy  the  people  themselves  have 
established  after  long  experience  as  best  for  their  inter- 

'BStS. 

The  office  of  Grovernor  is  one  of  great  honor.  The  Gov- 
ernor more  than  any  other  officer,  embodies  in  his  own 
person  the  dignity  and  power  of  the  people,  and  is  the 
«ouree  of  many  good  or  evil  impulses  in  the  administra- 
tion of  the  laws.  It  has  been  the  aim  of  the  new  Con- 
stitution to  dignify  the  office,  and  consecrate  it  entirely 
to  the  service  of  the  people.  The  G-overnor  is  shielded 
from  the  misconstruction  and  opposition  often  wrongly 
'directed  against  him,  when  the  powers  of  his  office  are 
thought  to  be  swayed  by  a  desire  to  obtain  other  offices, 
and  he  is  saved  from  the  temptation  to  abuse  his  powers 
l)y  denying  to  him  during  his  term  and  for  one  year 
thereafter,  the  right  of  election  or  appointment  to  the 
United  States  Senate,  or  any  office  under  this  State.  Am- 
bition and  duty  alike  under  such  conditions  will  bind 
tim  to  single-minded  devotion  to  his  great  trust,  leaving 
the  people  to  mete  out  such  reward  as  his  acts  merit, 
after  he  has  gone  out  of  power. 

The  people  always  prefer  to  make  direct  choice  of 
their  Cluef  Magistrate.  The  office  of  Lieutenant-Gover- 
nor has  been  created.  He  presides  over  the  Senate,  and 
unless  called  to  the  discharge  of  the  duties  of  Governor, 
receives  like  per  diem  as  the  Speaker  of  the  House. 

The  Governor  has  been  guarded  against  personal  soli- 
citation of  x>ersons  seeking  pardons  by  the  creation  of  a 


1768  eTouRNAL  OF  Alabama 

Board  of  Pardons,  which  meets  at  his  call  and  sits  in 
public,  before  whom  all  aj)plications  for  pardons,  com- 
mutations and  paroles  in  felony  cases  must  be  laid,  and 
who  must  advise  with  the  Grovernor  thereon.  The  Gov- 
ernor must  report  his  actions  to  the  Legislature,  to- 
gether with  the  opinion  of  the  board  in  every  case  of 
felonv.  Every  just  safeguard  is  thus  thrown  around 
the  exercise  of  power;  but  the  final  responsibility  is  left 
where  it  should  always  rest,  upon  the  Chief  Magistrate. 

Under  the  existing  .Constitution,  when  a  bill  is  vetoed 
the  alternative  is  to  allow  the  bill  to  fail  or  to  pass  it 
over  the  veto.  In  legislation  errors  and  omissions  are 
often  inadvertently  made  which  the  Legislature  would 
gladly  correct,  if  the  opportunity  offered  to  meet  exe- 
cutive objections.  Under  the  new  instrument,  the  Legis- 
lature has  the  choice  of  amending  a  vetoed  bill  and  again 
sending  it  to  the  Governor,  instead  of  attempting  to 
pass  the  imperfect  bill  over  the  veto.  The  independence 
of  the  Legislature  is  not  thereby  trenched  upon,  since  it 
rests  entirely  with  it  to  amend  the  bill  or  to  pass  it  over 
the  veto. 

Care  has  been  taken  to  remove  uncertainties  in  the 
existing  instrument  as  to  the  succession,  under  all  con- 
tingencies, in  the  office  of  Governor.  The  Lieutenant- 
Governor,  Attorney  General,  State  Auditor,  Secretary  of 
State  and  State  Treasurer  have  been  added  to  the  officers 
upon  whom  succession  may  devolve.  If  both  the  Gover- 
nor and  Lieutenant-Governor  die,  resign  or  are  removed, 
more  tlian  sixty  days  prior  to  a  general  election  for  any 
State  officer,  the  Governor  and  Lieutenant-Governor 
must  be  elected  at  such  election  for  the  unexpired  term. 
Provision  has  been  made  for  ascertaining  and  declaring^ 
the  disability  of  executive  officers,  when  they  appear  to 
be  of  unsound  mind. 

The  long  dispute  as  to  the  powers  of  the  Speaker  and 
joint  convention  of  the  two  Houses  respectively,  in  ascer- 
taining- and  declaring  the  result  of  elections  for  execu- 
tive officers,  has  been  put  at  rest,  by  the  Constitutional 
declaration  that  the  powers  of  both  are  purely  minis- 
terial. 


Constitutional  Convention.  176^ 

judicial  department. 

Many  changes  have  been  made  in  view  of  past  experi- 
ence, to  make  the  constitutional  system  more  flexible^ 
and  better  adapted  to  local  wants.  After  the  first  election 
under  the  new  instrument,  two  of  the  Associate  Justices 
of  the  Supreme  Court  are  to  be  elected  every  two  years, 
preventing  the  possibility^  of  an  entire  change  of  the  per- 
sonnel of  the  court  every  six  years,  and  the  uncertainty 
and  oscillation  of  judicial  decisions  which  sometimes  re- 
sults from  such  causes.  The  Legislature  may  confer 
upon  the  Chancery  or  Circuit  Court,  the  jurisdiction  of 
both  courts,  and  in  counties  having  two  or  more  courts 
of  record,  may  provide  for  the  consolidation  of  all  courts 
except  the  Probate  Court,  with  or  without  separate  divi- 
sions, with  a  sufficient  number  of  judges  to  transact  the 
business  of  the  consolidated  court. 

A  Circ"iiit  or  Chancery  division  must  contain  not  less 
than  three  counties,  unless  one  of  them  has  a  population 
of  20,00!)  or  more,  and  taxable  property  of  |3, 500,000. 
No  courts  of  general  jurisdiction  at  law  or  in  equity,  or 
both,  can  hereafter  be  established  for  any  one  county 
having  less  than  20,000  population  and  property  assessed 
for  taxation  at  less  than  |3,500,000.  '    . 

Appointees  to  judicial  vacancies  hold  office  only  until 
the  next  general  election  for  any  State  officer,  six  months 
after  the  vacancy  occurs.  When  a  new  Circuit  or  Chan- 
cery division  is  created  more  than  six  months  prior  to  a 
general  election  for  any  State  officer,  the  Governor  may 
appoint  the  judges  thereof,  and  the  appointee  holds  until 
the  appointee's  sucoessor  is  elected  at  such  election.  Soli- 
citors for  each  judicial  circuit,  or  other  territorial  sub- 
division prescril)ed  by  the  Legislature,  are  to  be  elected 
by  the  qualified  electors.  A  Solicitor  for  any  particular 
county  may  be  elected  by  the  qualified  electors,  or  ap- 
pointed by  the  Governor,  as  the  Legislature  may  pre- 
scribe. 

Where  one  or  more  precincts  lie  within  or  partly 
within  a  city  or  town  having  not  less  than  1,500  inhabi- 
tants, the  Legislature  may  provide  for  the  election  of 
not  more  than  two  Justices  of  the  Peace  and  one  Con- 


1770  Journal  of  Alabama 

stable  for  each  j)reeinct,  or  in  lien  of  all  Justices  of  the 
Peace  therein,  may  provide  an  inferior  court  with  very 
limited  civil  and  criminal  jurisdiction.  The  Legislature 
shall  prescribe  uniform  fees  for  Justices  and  Consta- 
bles throughout  the  State.  In  prosecutions  for  rape  or 
assault  Avith  intent  to  ravish,  the  court,  in  its  discretion, 
may  exclude  from  the  court  room  all  persons  except  such 
as  may  be  necessar}-  in  the  conduct  of  the  trial.  The 
Legislature  has  power  to  abolish  all  courts,  except  the 
Supreme  and  the  Probate  Courts,  when  their  jurisdiction 
and  functions  have  been  conferred  on  some  other  court; 
but  not  so  as  to  abridge  the  term  of  any  officer  now  in 
office.  Eegistrars  in  Chancery  are  required  to  have  re- 
sided in  the  district  at  the  time  of  their  appointment, 
and  for  one  year  preceding,  and  their  fees  shall  be  uni- 
form throughout  the  State. 

The  Legislature  is  left  free  to  change  or  abolish  con- 
stitutional courts,  except  the  Supreme  and  Probate 
Courts,  and  is  prevented  from  establishing  courts,  as  has 
been  sometimes  done  in  the  past,  for  counties  whose 
population  and  wealth  could  illy  bear  the  cost  of  main- 
taining the  court. 

The  new  instruments  curbs,  for  the  first  time,  the 
hitherto  unrestricted  power  of  the  Legislature  to  create 
new  courts,  and  must,  therefore,  be  superior  to  the  old 
CJonstitution  in  this  respect.  Yet  there  are  those  who 
permit  themselves  to  argue  that  under  the  lesser  and  re- 
■stricted  power  in  the  new  Constitution,  there  is  greater 
danger  of  abuses  in  the  creation  of  new  courts  than  was 
possible  under  the  greater  and  unrestrained  power  to 
increase  them  under  the  old  instrument.  Apprehensions 
in  this  respect,  if  sincerely  entertained,  will  disappear 
hj  the  most  casual  reading  of  the  two  instruments. 

MUNICIPAL  CORPORATIONS. 

There  are  great  changes  under  tliis  head  for  the  pro- 
tection of  the  citizen.  Streets  and  public  places  of  cities 
and  towns  can  not  be  used  for  any  public  utility  or  pri- 
vate enterprises  without  the  consent  of  the  proper 
authorities.     The  Legislature  is  forbidden  to  allow  the 


Constitutional  Convention.  1771 

payment  of  a  privilege  or  license  tax  to  the  State  which 
will  relieve  from  the  payment  of  all  privilege  taxes  or 
licenses  under  its  laws.  Bonds  can  not  hereafter  be  is- 
sued by  cities,  counties  or  towns  unless  first  authorized 
by  a  majority  vote  of  the  qualified  electors,  with  the  ex- 
ception of  bond  issues  for  streets,  sidewalks  and  sanitary 
storm  sewers,  the  cost  of  which  is  wholly  or  in  part  as- 
sessed against  the  abutting  property.  Cities  and  towns 
are  forbidden  to  assess  abutting  property  for  the  cost  of 
sidewalks,  paving  raid  sewers  in  excess  of  the  increased 
value  derived  by  the  property  therefrom.  Hereafter,  no 
county  shall  become  liable  for  an  amount,  including  ex- 
isting indebtedness,  greater  than  3^  per  centum  of  the 
assessed  value  of  the  property  therein.  Cities  and  towns 
with  a  population  of  less  than  6,000  people  can  not  here- 
after incur  an  indebtedness  exceeding  5  per  cent,  of  the 
assessed  value  of  the  property  therein,  save  for  the  pur- 
chase and  constructing  of  water,  gas  and  electric  light- 
ing plants,  sewers  and  street  improvements,  for  which 
purposes  an  additional  3  per  centum  on  the  value  of  the 
propert}^  therein  may  be  created.  Cities  and  towns  hav- 
ing a  population  of  6,000  or  more  inhabitants,  are  for- 
bidden to  become  indebted,  including  the  present  in- 
debtedness, exceeding  7  per  cent,  of  the  assessed  value  of 
the  property  therein;  not  including  in  such  indebtedness 
a  defined  amount  of  temporary  loans  payable  within  a 
year  out  of  the  year's  taxes,  or  bonds  already  issued,  or 
hereafter  issued  for  school  houses,  water  works  and  sew- 
ers, street  nnd  sidewalk  improvements,  when  the  latter 
are  assessed  against  the  abutting  property.  Cities  and 
towns  whose  present  indebtedness  exceeds  the  limita- 
tion shall  not  incur  further  indebtedness,  except  as  to 
certain  towns  specified  in  the  article.  Owners  of  fran- 
chise or  public  utilities  are  liable  to  the  abutting  pro- 
prietors for  the  actual  damage  done  them  by  the  con- 
struction or  operation  of  public  utilities.  Cities  and 
lowns  with  a  population  of  more  than  6,000  are  borbid- 
den  to  grant  the  right  to  use  streets  and  public  places  for 
water  or  gas  works,  telephone  and  telegraph  lines,  elec- 
tric light  or  power  plants,  or  steam  or  heating  plants, 
street  railroads  or  other  public  utility,  except  railroads 


1772  Journal  of  Alabama 

other  than  street  railroads,  for  a  longer  period  than 
thirty  years. 

BANKS  AND  BANKING. 

Banks  shall  be  established  under  general  banking  laws 
and  may  issue  bills  to  circulate  as  money,  equal  in 
amount  to  the  face  value  of  bonds  of  the  State  or  the 
United  States,  convertible  into  specie  at  their  face  value 
upon  deposit  under  regulations  specified  with  the  State 
Treasurer.  These  banks  must  cease  operations  Avithin 
20  years  and  close  business,  unless  the  charter  is  re- 
newed. The  Legislature  is  required  to  provide  for  the 
examination  by  a  public  officer  of  banking  institutions 
and  trust  companies  or  individuals  engaged  in  the  bank- 
ing business,  and  requirement  is  made  of  a  report  by 
them  under  oath,  at  least  twice  a  year,  of  their  resources 
and  liabilities. 

IMPEACHMENTS. 

The  provisions  of  the  existing  Constitution  have  been 
changed  to  obviate  the  difficulties  growing  out  of  the 
definition  ''habitual  drunkenness,"  so  as  to  cover  intem- 
perance in  the  use  of  liquors  or  narcotics,  and  to  meas- 
ure the  off'ense  in  view  of  the  dignity  of  the  ofitice  and 
the  importance  of  its  duties.  Sheriffs  have  been  added 
to  the  officers  who  may  be  impeached  before  the  Supreme 
Court;  and  the  failure  of  Sheriffs  or  deputies  to  protect 
l^risoners  from  mob  violence  is  made  an  impeachable 
offense.  Provision  has  been  made,  when  the  Legislature 
is  not  in  session,  for  the  assembling  of  the  House  of 
Kepresentatives  to  consider  tlie  impeachment  of  any  per- 
son administering  the  office  of  Governor,  and  for  conven- 
ing the  Senate  to  try  articles  of  impeachment  if  preferred 
by  the  House.  If  the  Governor  or  Lieutenant-Governor 
be  impeached,  the  Chief  Justice,  or,  in  event  of  his  ab- 
sence or  disqualification,  an  Associate  Justice  selected 
by  the  Supreme  Court,  presides. 


Constitutional  Convention.  1773 

representation, 

The  basis  of  representation  remains  the  same  as  nnder 
the  existing  Constitution,  but  to  permit  fairer  represen- 
tation among  the  counties,  the  Hoitse  of  Representa- 
tives is  increased  five  members,  and  the  Senate  two. 

EXEMPTIONS. 

No  change  has  been  made  in  this  article. 

MILITIA. 

No  changes  of  importance  have  been  made  in  this 
article. 

PRIVATE  CORPORATIONS. 

The  material  changes  in  this  respect  are  that  private 
<?orporations  can  no  longer  be  chartered  by  special  act. 
The  Legislature  is  required  to  provide  for  the  payment 
of  a  franchise  tax  upon  corporations,  and  when  levied 
on  foreign  corporations,  it  must  be  in  proportion  to  the 
amount  of  the  capital  stock  employed  here,  save  as  to 
strictly  benevolent,  educational  or  religious  corpora- 
tions. The  rights  of  citizens  whose  property  has  been 
taken  under  the  power  of  eminent  domain  are  secured 
further  than  in  the  present  Constitution,  by  explicitly 
requiring  in  cases  of  appeal  the  payment  of  the  judgment 
in  money  into  court,  and  the  giving  of  bond  in  double 
the  amount  of  the  damages,  with  sureties. 

RAILROADS  AND  CANALS. 

■The  power  to  regulate  freight  and  passenger  traffic, 
the  building  of  depots,  preventing  unjust  discrimination 
and  abuses,  and  requiring  reasonable  charges  of  rates 
of  freight  and  passengers  is  conferred  in  more  explicit 
language  than  in  the  existing  Constitution. 

Railroads  and  transportation  companies  are  forbidden 
to  give  free  passes  or  sell  tickets  at  a  less  discount  other 


17V4  Journal  of  Alabama 

than  as  sold  to  the  public  generall}^,  to  members  of  the 
Legislature,  or  to  any  officer  exercising  judicial  func- 
tions under  the  laws  of  this  State,  and  stringent  jn'ovis- 
iou  is  made  for  enforcing  the  prohibition.  Railroad 
companies  are  foiibidden  to  pay  a  rebate  directly  or  in- 
directly, or  to  aid  in  any  act  misleading  the  public  as  to 
the  real  rates ;  and  the  Legislature  is  required  to  enforce 
the  prohibition  by  suitable  penalties. 

PROTECTING   THE   PUBLIC   CREDIT. 

Specific  authority  is  given  the  Governor  to  refund  the 
State  debt,  and  it  is  declared  in  substance  that  the  ap- 
propriations made  by  the  Constitution  shall  not  hinder 
the  State  from  using  any  moneys  in  the  treasury,  if 
necessary,  to  protect  the  public  faith.  With  these  pro- 
visions, removing  the  uncertainties  of  the  present  Con- 
stitution, there  is  no  doubt  of  the  speedy  refunding  of 
the  State  debt  at  a  much  lower  rate  of  interest,  which 
will  sav^  many  thousands  of  dollars  per  annum  to  the 
taxpayers  and  many  times  the  cost  of  the  Convention. 

AMENDING  THE  CONSTITUTION. 

In  this  respect  the  new  instrument  is  vastly  superior 
to  the  old.  Three-fifths  of  all  the  members  of  each 
House,  instead  of  two-thirds,  may  propose  amendments. 
The  people,  instead  of  waiting  until  the  next  general 
election  for  Representatives,  may  vote  upon  amend- 
ments at  the  next  general  election  after  the  session  at 
which  amendments  are  proposed,  or  at  a  special  election 
fixed  by  the  Legislature,  not  less  than  ninety  days  after 
the  final  adjournment  of  that  session.  A  majority  of  the 
votes  cast  upon  the  amendment  will  determine  the  result 
instead  of  requiring,  as  under  the  existing  Constitution, 
that  this  majority  requisite  to  adopt  be  also  a  majority 
of  thoft'e  voting  at  tl^e  general  election. 

The  excitement  attending  general  elections  for  officials 
rsvalh'  prevents  f  Mr  consideration  of  amendments,  and 
most  frequently  causes  the  failure  of  even  the  wisest 
measures,  for  lack  of  interest  in  them  at  the  time  they 
are  voted  on.     Under  the  new  Constitution,  the  people 


Constitutional  Convention.  1775» 

counot  be  imdul^y  delayed  in  molding  their  organic  law 
to  their  wishes,  nor  be  compelled  to  consider  amend- 
ments amidst  the  heat  and  partisanship  of  political  cam- 
paigns. 

REVIEW  OF  THE  CHANGES. 

Frank  study  of  the  new  instrument  will  convince  you 
that  it  is  pervaded  by  an  earnest  purpose  to  subserve  tlie- 
highest  and  best  interests  of  the  State.  State  taxes 
have  been  lowered.  The  power  of  counties,  cities  and 
towns  to  contract  debts  has  been  curbed,  and  the  citizen 
is  better  protected  against  unjust  assessment  for  pav- 
ing, streets  and  sewers.  The  public  schools  have  been 
fostered,  and  larger  and  more  certain  appropriations  pro- 
vided. The  people  have  been  relieved  of  the  harrassment 
and  expense  of  unnecessary  elections,  and  saved  from 
the  vexation  and  uncertaint}^  of  too  frequent  changes 
in  the  law  or  the  apprehension  thereof.  The  great  abuse 
and  favoritism  of  local  and  private  legislation  has  been 
stricken  down,  leaving  the  law-making  power  free  to  de- 
vote its  energies  entirely  to  matters  of  general  concern. 
General  laws  secure  local  and  private  interests,  and  save 
the  citizen  from  the  necessit^^  of  leaving  home,  and  the- 
cost,  delay  and  mortification  of  supplicating  the  Legis- 
lature for  special  or  local  interests.  The  government 
has  been  brought  within  more  direct  control  of  the  peo- 
ple. Vacancies  in  executive  and  judicial  offices  can  be 
filled  only  temporary  by  the  appointing  power,  while- 
heretofore  the  selection  was  for  the  remainder  of  the 
term.  Circuit  Solicitors  are  to  be  chosen  by  the  people. 
The  voters  in  counties,  cities  and  towns  are  themselves 
to  determine  the  incurring  of  permanent  indebtedness, 
and  whether  county  seats  can  be  removed.  Supervision 
is  extended  over  individuals  and  corporations  engafred 
in  the  business  of  banking.  The  Judicial  system  hns 
been  so  molded  as  to  better  meet  local  wants,  and  more 
elastic  power  given  to  abolish  or  consolidate  constitu- 
tional courts,  when  circumstances  warrant.  The  Exe- 
cutive Department  has  been  strengthened  and  the  Legis- 
lative Department  improved  in  many  ways,  heretofore 


:1776  Journal  of  Alabama 

pointed  out.  The  power  of  iiiipeacliment  no  lonj?er  re- 
mains inert  and  helpless  when  the  Legislature  is  not  in 
session.  The  impeachment  laws  have  been  Avisely 
amended,  and  important  provisions  incorporated  therein 
to  stimulate  and  enforce  greater  observance  of  the  law. 
Prompt  and  easier  means  are  afforded  the  people  to  mold 
their  Constitution  "by  amendment  to  conform  to  their 
desires.  The  public  credit  has  been  protected,  and  the 
standards  of  official  conduct  heightened  by  the  require- 
ments of  the  new  instrument.  Above  all,  the  sanctity  of 
suffrage  and  elections  has  been  safeguarded. 

CONCLUSION. 

Those  who  framed  the  new  instrument  did  not  forget 
that  it  was  the  work  of  the  dominant  race,  and  should 
secure  the  just  rights  of  the  weaker  race  as  well.  They 
have  not  concealed  from  the  world  the  conviction  that 
the  welfare  of  both  races  is  secured  and  enhanced  by 
keeping  the  control  and  direction  of  the  government  in 
the  hands  of  that  great  race,  whose  blood  and  sacrifices 
founded  our  republic  and  gave  free  institutions  to 
America.  Neither  have  they  builded  a  Constitution  for 
a  great  State  along  the  lines  of  race  hatred  or  unworthy 
prejudices.  The  purpose  of  the  new  instrument  is  to 
protect  the  weaker  as  well  as  the  stronger  race. 

The  beneficent  aims  of  the  new  instrument  have  far 
higher  inspirations  than  the  fate  or  fortunes  of  political 
parties.  We  appeal  to  men  of  every  political  faith,  who 
set  the  welfare  of  the  State  above  partisan  considera- 
tions. The  new  instrument  is  born  of  the  yearning  of 
our  civilization  to  lift  itself  to  higher  and  better  things. 
The  ratification  of  the  new  Constitution  will  promote 
public  and  private  morality,  strengthen  justice,  secure 
peace,  restore  confidence,  give  nobler  inspiration  to  our 
children,  and  lay  stronger  foundations  for  our  happiness 
and  prosperity.  To  refuse  to  ratify  it  is  to  give  ourselves 
to  despair,  and  plunge  Alabama  back  into  the  darkness 
from  which  the  people  hope  to  escape.  It  would  pro- 
claim to  the  world  that  our  people,  for  the  first  time  in 
their  history,  either  do  not  desire  to  contend  against 


Constitutional  Convention.  1777 

the  vicissitudes  aud  trials  of  their  times,  or  else  are 
lacking  in  the  intelligence  and  manhood  which  would 
save  them. 

John  B.  Knox,  Chairman. 

Gregory  L.  Smith,  First  District. 

Tho.  G.  Jones,  Second  District. 

Thos.  M.  Espey,  Third  District. 

Henry  F.  Reese,  Fourth  District. 

Jas.  E.  Cobb,  Fifth  District. 

Thos.  W.  Coleman,  Sixth  District. 

Oliver  R.  Hood,  Seventh  District. 

Richard  W.  Walker,  Eiiihth  District. 

Jas.  Weatherly,  Ninth  District. 


OFFICERS  OF  THE  CONVENTION. 

President,  Hon.  John  B.  Knox,  Anniston. 

Secretary,  Frank  N.  Julian,  Tuscumbia. 

Assistant  Secretary,  Wm.  F.  Herbert,  Montgomery. 

EnroUinf/  and  Enyrossing  Clerk,  Mrs.  Lulu  Wood 
Francis,  Birmingham. 

Fcadinf/  Clerk,  AVul  W.  Brandon,  Tuscaloosa. 

Doorkeeper,  Robert  J.  Hasson,  Anniston. 

Assistant  Doorkeeper,  Thomas  J.  Fain,  Ozark. 

Doorkeeper  of  Gallery,  W.  H.  Manghan. 

Messengers,  M.  J.  Bulger,  Dadeville;  Grover  Prowell, 
Linden. 

Pages,  Henrv  Long,  Jasper;  Charles  Eyster,  New  De- 
catur; Henrv  Reese,  Selma;  Cecil  Gaston,  Greenville; 
Julian  Tutwiler,  Montgonuery ;  Louie  Wilson,  Grove 
Hill;  Harry  Driver,  Lafayette;  Paul  West,  Birming- 
ham; T.  W.  Alley,  Montgomery;  Joe  King,  Anniston, 

112 


1778  Journal  of  Alabama 

llOLh  OF  DELEGATES. 


AliPHABETICAL  LIST. 

Name.  Post  Office. 

Almon,  D.  C Moulton. 

Altman,  W.  A York  Station. 

Aslicraf t,   John   T Florence. 

Banks,  Wm.  H Hatchecliubbee. 

Barefield,  J.  H Monroeville. 

Bartlet,  W.  H Gnntersville. 

Beavers,  J.  Robert Columbiana. 

Beddow,   C.   P Birmingham. 

Bethnne,  1),  S Union  Springs. 

Blackwell,  Saml New  Decatur. 

Boone,  B,  Boykiu Mobile. 

Brooks,  Leslie  E Mobile. 

BroAvne,  Cecil Talladega. 

Bulger,  Thomas  L Dade\  ille. 

Burnett,  Jno.   D Evergreen. 

Burns,  Jno.  F Burnsville. 

Byars,  John  A llussellville. 

Cardon,  H.  W Center. 

Carmichael,  A.   H Tuscumbia. 

Carmichael,  J\L  S Elba. 

Carnathan,  G.  II Butler. 

Case,  D.  C Lebanon. 

Chapman,   R Livingston. 

Cobb,  J.  E Tuskegee. 

Cofer,  W.  T.  L Cullman. 

Coleman,  E.  W Jasper. 

Coleman,   Thos.   W Eutaw. 

Cornwell,   Thos.   J Bessemer. 

Craig,  B.  II Selma. 

Cunningham,   R.    M Ensley. 

Davis,  il.  T Gadsden. 

Davis,  J.  A Ft.  Payne. 

Dent,  S.  H Eufaula. 

deGraffenreid,  E.  W Greensboro. 

Duke,  J.  B ,,,,,.,,.,..  LaFayette. 


Constitutional  Convention.  1779 

Name.  Post  Office. 

Eley,  B.  T Union  Springs. 

Eyster,  J.  C New  Decatur. 

Espy,  T.  M Dothan. 

Ferguson,   C.   W Birmingham. 

Fitts,  William  C Tuscaloosa. 

Fletcher,   A.    S Huntsville. 

Foshee,  J.  M Evergreen. 

Foster,  J.  M Tuscaloosa. 

Freeman,   Newman   H Haleysville. 

Gilmore,  Jno.  A Thomasville. 

Glover,  W.  F Butler. 

Graham,  Edw.  A Montgomery. 

Graham,  Joseph  B Talladega. 

Grant,  L.  W Anniston. 

Grayson,  J.   W Gurley. 

Greer,  C  H Marion. 

Greer,  L.  F De  Armanville. 

Haley,  C.  L Haleysville. 

Handley,  W.  A Roanoke. 

Harrison,   Geo.    P Opelika. 

Hefliu,  John  T Roanoke. 

Hefliu,  J.  Thomas LaFaj'ette. 

Henderson,  J.  C Troy. 

Hinson,  Evans    Havneville. 

Hodges,  P.  W W'oodville. 

Hood,  O.  R Gadsden, 

Howell,  W.  P Oak  Level. 

Howze,   A.   C Birmingham. 

Inge,  W.  B Greensboro. 

Jackson,  E.  C Auburn. 

Jenkins,  Saml.  C Camden. 

Jones,  J.  C Blockton. 

Jones,  J.  McLean Greensboro. 

Jones,  R.  C Camden. 

Jones,  T.   G Montgomery. 

King,  J.  J McKinley. 

Kirk,  J.  T Tuscumbia. 

Kirkland,  W.  W Ozark. 

Knight,   Wm.    N Greensboro. 

Kyle,  R.   B Gadsden, 


1780  Journal  of  Alabama 

Name.  Post  Office. 

Knox,  Jno.  B Annistoii. 

Ledbetter,  E.  W S^dacauga. 

Lei^li,  Norville  I\.,  Jr Brewton. 

Locklin,  L.  W Perdue  Hill. 

Lomax,  Tennent Montgomery. 

Long,  J,  L Greenville. 

Long,  T.  L Jasper. 

Lowe,  Robt.  J Birmingham. 

LoAve,  W.  T Moulton. 

Macdonald,   Gordon    Montgomerj'. 

McMiHan,  Lee Gastonburg. 

McMillan,  B.  F , Daphne. 

Malone,  Geo.   H Dothan. 

^lartin,   J.   T Jacksonville. 

jNIaxwell,  J.  C Alexander  City. 

Merrill,  A.  H Eufanla. 

]ililler,   C.   H Millers. 

iMiller,  J.  N Camden. 

Moody,  ^lilo Scottsboro. 

Morrissette,  E.  R Perdue  Hill. 

IMulkey,  W.  O Geneva. 

Murphree,  J.  D Troy. 

NeSmith,  C.  C Vernon. 

Norman,  J.  D Union  Springs. 

Norwood,  Joseph Ft.  Deposit. 

Gates,  Wm.   C Montgomery. 

G'Neal,  Emmett Florence. 

O'Neill,  J.  W Birmingham. 

Opp,  Henry Andalusia. 

O'Rear,  Ruf us  A Jasper. 

Palmer,   Dabley    LeRoy. 

Parker,  Geo.  H Cullman. 

Parker,  J.  H Wetumpka. 

Pearce,  J.  P Pearces  ^fill. 

Pettus,  Earle  Athens. 

Phillips,  E.  A Ashland. 

Pillans,  Harrv   Mobile. 

Pitts,  P.  H. .  .' Selma. 

Porter,  J.  H Iwana. 

Proctor,   J.   F Scottsboro. 


Constitutional  Convention.  1781 

Name.  Post  Office. 

Keese,  H.  F Selnia. 

Henfro,  N.  T Opelika. 

Ivcyiiolds,  L.  H Jemison. 

Ivevuolds,  li.  J Curetons  Bridge. 

Kobinson,  J.  J LaFayette. 

Jlodgers,  C.  P Letohatchie. 

Rodgers,  J.  A Gainesville. 

Saniford,  Win.  H Trov. 

Sanders,  W.  T Athens. 

Sanford,  J.  AV.  A Montgomery. 

Searcy,  Geo.  A Tuscaloosa 

Sellieimer,  H.  C Birmingham. 

Sentell,  J.  O Luverne. 

Sloan,  J.  B Sloan. 

Smith,  G.  L Mobile. 

Smith,  Mac.  A Prattville. 

Smith,  M.  M Autauga ville. 

Sollie,  M Ozark. 

Sorrell,  G.  A Alexander  City. 

Spears,  R  B Pell  City. 

Spragins,  R.  E Huntsville. 

Stewart,  J.  H Marion. 

Studdard,  S.  L Fayette. 

Tayloe,  W.  H Uniontown. 

Thompson,  J.   F Centreville. 

Vaughan,  W.  M Selma. 

Waddell,  B.  DeG Scale. 

Walker,  Richard  W Huntsville. 

Watts,  Thos.   H Montgomery. 

Weakley,  J.  B Florence. 

Weatherly,  James Birmingham. 

White,  F.  S Birmingham. 

Whiteside,  W.  W Anniston. 

Willet,  E.  D Carrollton. 

Williams,  A.   E Wetumpka. 

Williams,   Gesner    Demopolis. 

Williams,  Jere  N Clayton. 

Wilson,  E.  P St.  Stevens. 

Wilson,  Massey Grove  Hill. 

Winn,  J.  J Clayton. 


1782        Journal  of  Alabama 
state  at  large. 

Robert  J.  Lowe,  Birmingham;  Frank  S.  White,  Birmingham;  Wm. 
C.  Gates,  Montgomery;   John  B.   Knox,  Anniston. 

CONGRESSIONAL  DISTRICTS. 

First  District,  Choctaw,  Clarke,  Marengo,  Mobile,  Monroe,  Wash- 
ington— W.  F.  Glover,  Butler;  E..R.  Morrissette,  Monroeville. 

Second  District — Baldwin,  Butler,  Conecuh,  Crenshaw,  Covington, 
Escambia,  Montgomery,  Pike,  Wilcox— Thos.  G.  Jones,  Montgomery; 
S.    C.    Jenkins,  Camden. 

Third  District — Barbour,  Bullock,  Coffee,  Dale,  Geneva,  Henry, 
Lee,  Russell— J.  N.  Williams,  Clayton;   M.   Sollie,  Ozark. 

Fourth  District — Calhoun,  Chilton,  Cleburne,  Dallas,  Shelby,  Tal- 
ladega— Watkins  M.   Vaaghan,  Selma;   L.  W.  Grant,  Anniston. 

Fifth  District — Autauga,  Chambers,  Clay,  Coosa,  Elmore.  Lowndes, 
Macon,  Randolph,  Tallapoosa — Morgan  M.  Smith,  Autaugaville; 
John  T.  Heflin,  Roanoke. 

Sixth  District. — Fayette,  Greene,  Lamar,  Marion,  Pickens,  Sumter, 
Hale,  Tuscaloosa,  Walker. — E.  W.  DeGraffenreid,  Greensboro;  Thom- 
as L.  Long,  Jasper. 

Seventh  District. — Cherokee,  Cullman,  DeKalb,  Etowah,  Frank- 
lin, Marshall,  St.  Clair,  Winston — C.  L.  Haley,  Haleysville,  O.  R. 
Hood,  Gadsden. 

Eighth  District. — Colbert,  Jackson,  Lauderdale,  Lawrence,  Lime- 
stone, Madison,  Morgan — Emmett  O'Neal,  Florence;  R.  W.  Walker, 
Huntsville. 

Ninth  District — Bibb,  Blount,  Jefferson,  Perry — A.  C.  Howze, 
Birmingham;  J.   P.   Thompson,  Centreville. 

SENATORIAL   DISTRICTS. 

First  District,  Lauderdale  and  Limestone — W.  T.  Sanders,  Athens. 

Second  District,  Lawrence  and  Morgan — D.  C.  Almon,  Moulton. 

Third  District,  Winston,  Blount  and  Cullman — George  H.  Parker, 
Cullman . 

Fourth  District,  Madison — J.  W.   Grayson,  Gurley. 

Fifth  District,  Jackson  and  Marshall— W.  P.  Hodges,  Scottsboro. 

Sixth  District,  St.  Clair  and  Etowah — Hubert  T.  Davis,  Gadsden. 

Seventh  District,  Calhoun  and  Cleburne — L.  F.  Greer,  DeArmen- 
ville. 


Constitutional  Convention.  1783 

Eighth  District,  Talladega  and  Clay — J.  B.  Graham,  Talladega. 

Ninth  District,  Randolph  and  Chambers — J.  J.  Robinson,  La- 
Fayette. 

Tenth  District,  Tallapoosa  and  Coosa — J.  C.  Maxwell,  Alexander 
City. 

Eleventh  District,  Tuscaloosa — G.  A.  Searcy,  Tuscaloosa. 

Twelfth  District,  Lamar,  Fayette  and  Walker — E.  W.  Coleman, 
Jasper. 

Thirteenth  District,  .Jefferson. — R.  M.  Cunningham,  Ensley. 
Fourteenth  District,   Pickens  and    Sumter — W.   A.   Altman,   York 

Station. 

Fifteenth  District,  Chilton,  Shelby  and  Elmore — John  H.  Parker, 
Wetumpka. 

Sixteenth  District,  Autauga  and  Lowndes — C.  P.  Rogers,  Leto- 
hatchie. 

Seventeenth  District,  Butler,  Conecuh  and  Covington — John  D. 
burnett.  Evergreen. 

Eighteenth  District,  Perry  and  Bibb — C.  H.  Greer,  Marion. 

Nineteenth  District,  Clarke,  Choctaw  and  Washington — Dabney 
Palmer,  Leroy. 

Twentieth  District,  Marengo — Chas.   H.   Miller,  Millers. 

Ttoenty-first  District,  Monroe,  Escambia  and  Baldwin — L.  W.  Loch- 
lin,  Monroeville. 

Twenty-second  District,  Wilcox — R.   C.   Jones,  Camden. 

Twenty-third  District,  Henry,  Dale  and  Geneva — George  H.  Ma- 
lone,  Dothan. 

Twenty-fourth  District,  Barbour — A.   H.   Merrill,  Eufaula. 

Tioenty-fifth  District,  Pike,  Coffee  and  Crenshaw — William  H. 
Samford,  Troy. 

Twenty-sixth  .District,  Macon  and  Bullock — D.  S.  Bethune,  Union 
Springs. 

Twenty-seventh  District,  Lee  and  Russell — George  P.  Harrison, 
Opelika. 

Twenty-eighth  District,  Montgomery — Tennent  Lomax,  Mont- 
gomery . 

Twenty-ninth  District,  DeKalb  and  Cherokee — John  A.  Davis,  Ft. 
Payne . 

Thirtieth  District,  Dallas— P.  H.  Pitts,  Selma. 

Thirty-first  District,  Colbert,  Franklin  and  Marion — A.  H.  Car- 
michael,  Tuscumbia. 

Thirty-second  District,  Greene  and  Hale — William  B.  Inge,  Greens- 
boro. 

Thirty-third  District,  Mobile — Gregory  L.  Smith,  Mobile. 


1784        Journal  of  Alabama 
county  delegates. 

Autauga — Mac.  A.   Smith,  Prattville. 

Baldwin — B.   F.   McMillan,  Daphne. 

Barbour— J.  J.  Winn,  Clayton;   S.  H.   Dent,  Eufaula. 

Bibb — John  C.    Jones,  Blocton. 

Blount — J.  B.  Sloan,  Oneonta. 

Bullock— James  D.  Norman,  B.  T.  Eley,  Union  Springs. 

Butler — J.    Lee   Long,   Greenville. 

Calhoun — J.  T.  Martin,  Jacksonville;  W.  W.  Whiteside,  Anniston. 

Chambers — J.  Thomas  Heflin,  J.  B.  Duke,  LaFayette. 

Cherokee — H.    W.    Cardon,  Center. 

Chilton — L.    H.   Reynolds,  Jemison. 

Choctaw — G.    H.    Carnathan,   Butler. 

Clarke — Massey  Wilson,  Grove  Hill;  John  A.  Gilmore,  Thomasville. 

Clay — E.  A.    Phillips,  Ashland. 

Cleburne — Wilson  *P.   Howell,  Oak  Level. 

Coffee — M.  S.  Carmichael,  Elba. 

Colbert — James  T.    Kirk,  Tuscumbia. 

Conecuh — J.  M.   Foshee,  Evergreen. 

Coosa — John  H.   Porter,  Iwana. 

Covington — Henry  Opp,  Andalusia. 

Crenshaw — J.  0.   Sentell,  Luverne. 

Cullman — W.   T.   L.   Cofer,  Cullman. 

Dale — William  W.  Kirkland,  Ozark. 

Dallas — John  F.  Burns,  Burnsville;  B.  H.  Craig,  Selma;  H.  F. 
Reese,  Selma. 

DeKalb — D.  C.  Case,  Lebanon. 

Elmore — A.    E.    Williams,   Wetumpka. 

Escambia— Norvalle  R.  Leigh,  Jr.,  Brewton. 

Etowah — R.    B.   Kyle,  Gadsden. 

Fayette — S.   L.    Studdard,  Fayette. 

Franklin — John  A.    Byars,  Russellville. 

Geneva — W.  0.  Mulkey,  Geneva. 

Greene — Thomas  W.  Coleman,  Eutaw. 

Hale — Wm.   N.   Knight,  J.   M.   Jones,  Greensboro. 

Henry — T.  M.  Espy,  Dothan;  R.  J.  Reynolds,  Curetons  Bridge. 

Jackson — John  F.  Proctor,  Milo  Moody,  Scottsboro. 

■Jefferson — Charles  W.  Ferguson,  Chas.  P.  Beddow,  James  Weath- 
erly,  John  W.  O'Neal,  H.  C.  Selheimer,  Birmingham;  T.  J.  Corn- 
well,  Bessemer. 


Constitutional  Convention.  1785 

Lamar — C.  C.  Nesmith,  Vernon. 

Lauderdale — John  B.    Weakley,   John  T.    Ashcraft,  Florence. 

Lawrence — W.   T.   Lowe,  Moulton. 

Lee — Emmett  C.  Jackson,  Auburn;  Noah  P.  Renfro,  Opelika. 

Limestone — Erie  Pettus,  Athens. 

Lowndes — Joseph  Norwood,  Ft.  Deposit;  Evans  Hinson,  Hayne- 
ville. 

Macon — James  E.  Cobb,  Tuskegee. 

Madison — R.   E.   Spragins,  A.   S.  Fletcher,  Huntsville. 

Marengo — John  J.  King,  McKinley;  Gesner  Williams,  Demopolis. 

Marion — James  P.  Pearce,  Guin. 

Marshall— W.  H.  Bartlett— Guntersville. 

Mobile — Harry  Pillans,  B.    Boykin  Boone,  L.  E.    Brooks,  Mobile. 

Monroe — J.   H.   Barefield,  Monroeville. 

Montgomery — Gordon  Macdonald,  Edward  A.  Graham,  Thos.  H. 
Watts,  John  W.  A.   Sanford,  Montgomery. 

Morgan — Samuel  Blackwell,  New  Decatur;  John  C.  Eyster,  De- 
catur. 

Perry — J.   H.   Stewart,  Marion;   W.   H.   Tayloe,  Uniontown. 

Pickens — E.  D.  Willett,  Carrolton. 

Pike — J.    C.    Henderson,  Joel  D.    Murphree,  Troy. 

Randolph — William  A.   Handley,  Roanoke. 

Russell — William  H.  Banks,  Hatchechubbee;  Boswell  deG.  Wad- 
dell,  Seale. 

Shelby — J.   Robert  Beavers,   Columbiana. 

St.  Clair— N.   B.   Spears,  Pell  City. 

Sumter — John  A.  Rogers,  Gainesville;  Reuben  Chapman,  Liv- 
ingston. 

Talladega — E.  W.  Ledbetter,  Sylacauga;  Cecil  Browne,  Talladega. 

Tallapoosa — Thomas  L.  Bulger,  Dadeville;  George  A.  Sorrell. 
Alexander  City. 

Tuscaloosa — J.    Manly  Foster,  Wm.    C.    Fitts,  Tuscaloosa. 

Walker — Rufus  A.    O'Rear,  Jasper. 

Washington — E.  P.  Wilson,  St.  Stephens. 

Wilcox — J.  N.   Miller,  Camden,  Lee  McMillan,  Gastonberg, 

Winston — Newman  H.  Freeman,  Hayleyville. 


INDEX 


OF  THE 


JOURNAL 

OF  THE 

CONSTITUTIONAL    CONVENTION 
OF  1901. 


INDEX. 


ADDRESS  TO  THE  PEOPLE  OF  ALABAMA  ON  THE  CONSTITU- 
TION, 1473,  1476,  1753. 

Text  of  Address,  1755. 
ADJOURNMENT. 

Final,  of  Convention,  1754. 
AGRICULTURAL    AND    MECHANICAL    COLLEGE. 

bee  Alabama  Polytechnic  Institute. 
AGRICULTURE  AND   INDUSTRIES,  COMMISSIONER  OF. 

Constitutional  provisions,  1686-8,  1694-5. 
ALABAMA   POLYTECHNIC   INSTITUTE,    1336. 

Constitutional  provisions   (sections  266-267),  1736. 
ALABAMA  PRESS  ASSOCIATION,   324,   341. 
ALEXANDER,  EX-SENATOR. 

Privileges  of  floor  extended,  1068. 
ALMON,  D.  C,  3,  1778,  1782. 

Ordinance   59,   to   amend    Section   5,   Art.    II   of  Constitution, 
101. 
ALTMAN,  W.  A.,  .3,  1778,  178.3. 

Resolution  41,  to  print  300  copies  of  the  Bill  of  Rights  of  Con- 
stitution, 94,  132. 
AMENDING  CONSTITUTION. 

Mode  provided    (Sections  284-287),  1741. 
AMENDING   CONSTITUTION   AND     MISCELLANEOUS     PROVIS- 
IONS,  COMMITTEE   ON. 

Report  of  Committee  on,  484,  486. 

Article  proposed  on  Miscellaneous  Provisions.  485. 

Article  proposed  on  Mode  of  Amending  Constitution,  487. 

Special   I'eport  by   committee,   736. 

Consideration   of   report   on   Miscellaneous   Provisions,    1217. 

Engrossment  ordered,    1218. 

Consideration  of  report  on  Amending  Constitution.   1218. 

Engrossment  ordered,  1223. 

Third  reading  of  each  article,  1307,  1310. 

Report  on  Resolutions  246,  1386. 

Report  on  Ordinances  449,  1444. 


1790  INDEX. 

ANDALUSIA,  TOWN  OF,  1212,  1319,  1722. 
ANDERSON,  JOHN   C. 

Privileges  of  floor  extended,    1479. 
ANNEXATION. 

See   West  Eiorida. 

Constitutional  provisions    (sections  37  and  90),  1669,   1680. 
APPEALS   FROM   DECISIONS  OF  CHaIR,   29,   285,   897,   901,   1192. 
APPROPRIATION  BILLS. 

Constitutional  provisions,   167/,   1691. 

ARNOLD,  J.  J. 

Privileges   of   floor   excended,    2»8. 
ASHCRAFT,  JOHN  T.,  3,   1778,   1785. 

Resolution  to  elect  officers,  22. 

Minority  report  on   stenographic   report,   46. 

Question  of  privilege,  80. 

Ordinance  I.5O,  to  amend  Art.  Xill  of  Constitution,  117. 

Minority  report  from  Committee  on  Education,   731. 

Ordinance  4^1    to  provide  for   .  -e  qualification  and  registra- 
tion   of    electors    who    shall    participate    in    the    Municipal 
election   in   Florence,    1555. 
ATTAlLA,  town  01^'.  306,  1180.  1318,  1723. 
ATTESTATION  CLAUSE. 

Form  of  adopted,  1473,  1745. 
ATTORNEY   GENERAL. 

Constitutional   provisions,    1686. 
AUDITOR,  THE   STATE. 

Constitutional   provisions,    1686. 
AVONDALE,  TOWN  OF,  1185,  1318,  1723. 
BALDWIN,  M.  M. 

Privileges  of  floor  extended,  1379. 
BANK  EXAMINERS. 

Constitutional   provisions,   1733. 
BANKHEAD,  JOHN  H. 

Privil('o-es  of  Floor  extended.  840. 
BANKS,  W.  H.,  3,  1778,  17s5. 

Ordinance  289,  To  regulate  elections  in  Alabama.   190. 

Ordinance  320,  Providing  for  the  collection  of  taxes,  203. 
BANKS  AND  BANKING. 

Constitutional  provisions    (Sections  247-255),  1732. 


INDEX.  1791 

BANKS  AND  BANKING,  Committee  on. 
Report  of  Committee,  347. 
Article  proposed  by,  348. 
Ordered  printed,  347. 
Special  order  for  consideration  of,  465. 
Consideration  of,  768. 

Reconsideration   of  sundry   sections   proposed,   771,    776. 
Engrossment  ordered,  772. 
Third  reading,  879. 

Referred  to  Committee  on  Order,  etc.,  879. 
BAREFIELD,  J.  H.,  3,  1778,  1785. 

Ordinance  62,  to  amend  Section  1,  Art.  I  of  Constitution,  101. 
Resolution  108,  to  provide  for  the  payment  of  stationery  and 

printing,   189. 
Minority  report,  from  Committee  on  Preamble,  etc.,  369,  631. 
Resolution  272,  to  fix  hour  of  adjournment,  981. 
Motion  to  extend  privileges  of  floor  to  J.  C.  Anderson,  1479. 
BARTLETT,  W.  H.,  3,  1778,  1785. 
BEAVERS,  J.  ROBERT,  3,  1778,  1785. 

Ordinance  170,  to  declare  null  and  void  Act  of  March  5,  1901, 

relating  to  county  seat  of  Shelby  county,  141,  165. 
Ordinance  435,   to  amend   Section   3,  Art.   II   of  Constitution, 
1008. 
BEDDOW,  C.  P.,  3,  1778,  1784. 

Ordinance  63,  to  amend  Section  7.  Art.  XI  of  Constitution,  101. 
Ordinance  64,  to  amend  Section  12,  Art.  I  of  Constitution,  101. 
Ordinance  290,  to  create  a  Railroad  Commission,  190. 
Resolution   153,    Declaring  sense   of  the  Convention   that   no 
per  diem  be  allowed  any  member  in  excess  of  fifty  days,  297. 
Ordinance  393,  to  create  a  State  Board  of  Arbitration,  371. 
Resolution  207,  to  fix  time  for  adjournment,  524. 
Resolution  219,  to  instruct  Committee  on  Schedule,  Printing 
and   Incidental   Expenses  to  employ  union   labor,   579,   761, 
1388. 
Ordinance  416,  to  prohibit  the  hiring  or  leasing  of  convicts, 

663. 
Question  of  privilege,  807,  1043. 
Resolution  271.  to  print  5,000  copies  each  of  the  speeches  of 

Messrs.  Oates,  White  and  Jones,  981. 
Resolution   275,    to   print   5,000    copies   of   the   speech   of   Mr, 
Sollie,   988, 


1792  l^DEX. 

Bi^NNERS,  H. 

Privileges  of  floor  extended,   1043. 
BESSEMER,  TOWN  OF,  143,  1180,  1318,  1722. 
BETHUNE,  D.   S.,   3,  1778,  1783. 

Ordinance  210,  to  amend  Preamble  of  Constitution,  153. 

Ordinance  21,  to  amend  bection  5,  Art.  XIII,  Constitution,  153. 

Minority  report  from  Committee  on  Education,  731. 

BILLS. 

See  Laws. 
BIRMINGHAM,  CITY  OF,  86,  1318,  1722. 
BLACKWELL,  SAMUEL,  3,  1778,  1785. 

Kesolution  in  reference  to  seating  delegates,   23,   24. 
Ordinance  65,  reiates  to  bribery  or  fraud  in  elections,  102. 
Ordinance  66,  to  prohibit  any  person  who  practices  fraud  in 

elections  from  voting  or  holding  office,  102. 
Ordinance  67,  to  provide  for  filling  vacancies  in  county  otfices, 

102. 
Ordinance  68,  to  provide  for  a  County  Superintendent  of  Edu- 
cation, 102. 
Ordinance  291,  to  prohibit  the  appropriation  of  any  part  of 
the   public   school   money   in    aid     of    church   or   sectarian 
schools,    191. 
Ordinance  332,  to  amend  Art.  VIII  of  Constitution,  210,  230. 
Petition    from    Court    of    County    Commissioners    of    Morgan 

County,  299. 
Minority  report  from  Committee  on  Preamble,  etc.,  367,  636. 
BONDED  INDEBTEDNESS  OF  THE  STATE. 

Constitutional  provisions,  1721,  1740. 
BOONE,  B.  BOYKiN,  3,  1778,  1766. 

Resolution  25,   directing  Secretary  to  preserve  copies  of  the 
stenographic    report   for    deposit    with    Secretary    of    State, 
74,  233,  234. 
Ordinance  70,  to  amend  Sec.  12.  Art.  I,  Constitution.  102. 
Ordinance  71,  to  amend  Sec.  23,  Art.  I,  Constitution.  102. 
Ordinance  72.  to  amend  Sec.  10,  Art.  XIV,  Constitution,  102. 
Ordinance  182,  to  add  section  to  Declaration  of  Rights,  142. 
Ordinance    183.    to    regulate    the    organization    and    classifica- 
tion of  cities  and  towns,  142,  414. 
BOUNDARIES.  STATE  AND  COUNTY.. 

Constitutional  provisions    (Section  37-41),  1669. 


INDEX.  1793 

BOUNDARIES,   STATE  AND  COUNTY,  COMMITTEE  ON. 

Ordinance   in    reference   to,    143. 

Report  of  committee  on,  448. 

Minority    reports,    450,    451. 

Article  proposed,  451!. 

Special  order  for  consideration,  454. 

Consideration,  744,  751,  761. 

Reconsideration  of  sundry  sections  proposed,  755,  757,  7(jl. 

Engrossment  ordered,  769. 

Third  reading,  876. 

Referred  to  Committee  on  Order,  etc.,  874. 
BOWIE,   S.  J. 

Privileges   of   floor   extended,    945. 
BREWTON,  TOWN  OF,  1318,  1723. 
BROOKS,   LESLIE   E.,   3,   1778,   1785. 

M'otion   to   spread    remarks   of   President   Knox   on   the   Jour- 
nal, 22. 

Ordinance  1,  to  amend  Sec.  3.  Art.  II  of  Constitution,  75. 

Ordinance  2,  to  amend   Sec.   1,  Art.  XII   of  Constitution,   75. 

Ordinance  3,  to  amend  Sec.  23,  Art.  XIV  of  Constitution,  76. 

Ordinance  212,  to  amend  Sec.  1,  Art.  XI  of  Constitution,  153. 

Ordinance  366,  to  define  a  trust,  and  prohibit  same,  244. 

Question    of   privilege,    483,    1275. 

Resolution    245,    relates   to  the  free   discussion    in   open   Con- 
vention of  all  matters  coming  up  for  attention,  760. 
BROWN  PRINTING  COMPANY. 

Contract  for  printing  and  binding  Convention  Journal,  1454. 
BROWNE,  CECIL,  3,  1778,  1785. 

Resolution  to  refer  resolutions  without  debate,  22. 

Ordinance  4,  to  amend  Sec.  2,  Art.  XIII,  76. 

Ordinance  73,  to  amend  Sec.  7,  Art.  XI  of  Constitution,  103. 

Resolution   72,   relates  to  the  work   of  clerks  of  committees, 
125. 

Ordinance  213,  to  amend  Sees.  5  and  7,  Art.  XI  of  Constitu- 
tion, 154. 

Ordinance  214,  regulating  the  right  to  vote,  154. 

Report  of  Committee  on  Taxation,   268. 

Resolution    150,    to    fix    time    lor    consideration    of    report    of 
Committee  on  Taxation,  287,  300. 

Ordinance  383,  to  amend  Sec.  5,  Art.  XIII  of  Constitution,  306. 

Resolution  160,  extending  sympathy  of  Colivention  to  Frank 
N.  Julian,  Secretary,  for  loss  of  his  brother,  307. 

113 


3794  INDEX. 

Presents  communication  from  Alabama  Educational  Associa- 
tion, 326. 
Supplemental    report   of   Committee   on   Taxation,    848. 
Ordinance  449,  to  repeal  the  part  of  Ordinance  390  so  far  as  ii 

applies  to  Shelby  county,  1247. 
BULGER,  T.  L.,  3,  1778,  1785. 

Resolution  to  print  address  of  President  John  B.  Knox,  32,  107. 
Resolution  declaring  sense  of  Convention  as  to  education,  73, 

154. 
Ordinance  74,  to  amend  Art.  XIII  of  Constitution,  103. 
Resolution  100,  to  suspend  rule  as  to  adjournment,   152. 
Ordinance  215,  to  provide  for  the  election  of  the  officers  ot 

the  State  by  the  people,  etc.,  168. 
Ordinance  293,  to  regulate  the  right  to  vote  in  this  State,  191. 
Resolution  187,  to  regulate  order  of  consideration  of  proposed 

articles,  426. 
Resolution   265,   to  extend   thanks   to   Secretary   and   Reading 

Clerk  for  able  services,  916.  ' 

BURNETT,  JOHN   D.,   3,   1778,  1783. 

Ordinance  216,  to  amend  Sec.  35,  Art.  I  of  Constitution,  168. 
BURNS.   JOHN   F.,   3,   1778,   1784. 
Permitted  to  select  seat,   29. 
Resolution  as  to  limit  of  taxation,  74. 
Ordinance    75,    to    exempt    veterans    of    the    Civil    War    from 

payment  of  licenses,  etc.,  103. 
Ordinance  76,  to  add  a  section  to  Art.  VIII  of  Constitution.  103. 
Resolution   116,   to  extend   privileges  of  floor  to  certain   per- 
sons named,  164. 
Ordinance  217,  to  limit  the  authority  of  the  proper  officials 

regarding    the    issuance    of    marriage    licenses    to    females 

under  16  years  of  age,  168. 
Ordinance    218,   to    regulate   the   establishment   of   charitable, 

educational  or  agricultural  institutions,  169. 
Ordinance   219,   to   prohibit   the   fixing  of  prices  or   hours  of 

laborers,    169. 
Resolution   119,    relating  to   the   stenographic   report,   189. 
Ordinance  294,  to  amend  Section  1,  Art.  XVII  of  Constitution. 

191. 
Resolution  131.  relating  to  the  jurisdiction  of  Justices  of  the 

Peace,   208, 


INDEX.  1795 

Resolution  139,  relates  to  the  printing  of  the  Convention,  231. 
Ordinance  342,  to  regulate  the  fees  of  constables,  232. 
Ordinance  368,  to  amend  Art.  VIII  of  Constitution,  244. 
Ordinance  369,  to  amend  Sec.  3,  Art.  VIII  of  Constitution,  244. 
Resolution  161.  relates  to  suspension  of  rules,   307. 
Resolution   162,   relates  to   motion  to  table  and   for  previous 

question,  307. 
Resolution    163,   declaring   sense   of   Convention   that   all    offi- 
cers be  elected  by  the  people,  307. 
Resolution  177,  to  limit  the  time  of  members  in  debate,  380. 
Resolution  200,  to  strike  out  Sec.  30  of  Article  on  Executive 

Department,  510. 
Motion  to  extend  privileges  of  floor  to   S.   S.   Scott,   622. 
Resolution  231,  to  rescind  resolution  184,  641. 
Ordinance  413,  proposing  amendment  to  Article  on  Taxation, 

642. 
Resolution    235,    relating   to    reduction   of   expenses,    681. 
Ordinance  420.  reiaies  to  agricultui'al  liens,  760. 
Resolution  250,  to  regulate  motions  to  lay  on  table,  and  calls 

for  the  previous  Question,   804. 
Resolution  258,  relates  to  expenses  of  Convention,  903. 
Resolution  266,  by  Mr.  Heflin    (Randolph),  to  grant  leave  of 

absence  to,  939. 
Resolution  294,  providing  for  a  recess  of  the  Convention,  1245. 
Resolution  ^-95,  to  prevent  bastards  from  voting,   1245. 
Resolution  299,  relates  to  introduction  of  ordinances,  etc.,  1331. 
Resolution  305,  to  reduce  expenses  of  the  Convention,  1352. 
Resolution  312,  to  prohibit  Dastards  from  voting,  1380. 
Question  of  privilege.   1640. 
BYARS,  JOHN,  A.,  4,  1778,  1784. 
CANALS,   972,   1730. 
CAPITOL. 

Ordinance    401,    relates     to     removal     from     Montgomery    to 

Birmingham,  427. 
Grounds    to    be    enlarged,    204. 

Constitutional    provision   as   to    removal,    (Section   78),    1678. 
CARDON,  H.  W.,  4,  1778,  1784. 

Ordinance  221,  to  amend  Section  1,  Art.  IV,  Constitution,  169. 
Ordinance  222,  to  amend  Section  1,  Art.  VI,  Constitution,  169. 
Resolution  300,  relates  to  free  pass  evil,  1331. 


1796  INDEX. 

CARMICHAEL,  ARCHIBALD  H.  (Colbert),  4,  1778,  1783. 
Nominates  Frank  N.  Julian  as  Secretary,  22. 
Ordinance  77,  to  amend  Sec.  1,  Art.  XIII  of  Constitution.  103. 
Resolution  130,  relates  to  ordinances  reported  adversely.  201. 
Resolution  132,  requiring  Committee  on  Order,  etc.,  to  report 
all  sections  of  present  Constitution  not  amended,  etc.,  208. 
Resolution  133,  relates  to  reports  of  standing  committees,  209. 
Resolution    195,    authorizing    the    engrossing    and    enrolling 

clerk  to  employ  assistance,   463,  908. 
Ordinance  409,  to  prescribe  the  duties  of  the  Secretary  of  the 

Convention,  etc.,  604,  693. 
Resolution  323,  to  raise  a  Committee  on  Enrollment  of  Con- 
stitution on  Parchment,  1479. 
Ordinance  463,  to  provide  for  the  payment  of  the  Secretary 
and    his    assistants    for    services    to   be    rendered    after   ad- 
journment  of   Convention,    1610. 
Ordinance  464,  to  make  an  appropriation   for  the  compensa- 
tion  of   Reuben  Chapman,    for   the   enrollment  of   the   pro- 
posed Constitution,  1641. 
CARMICHAEL,   J.   M. 

Resolution  of  sympathy  on  the  death  of  his  son,  1353. 
CARMICHAEL,   M.   S.    (Coffee),   4,   1778,   1784. 

Ordinance  78,  to  regulate  the  granting  of  franchises  by  muni- 
cipal corporations,  103. 
Ordinance  79,  to  amend  Sec.  24,  Art.  IV  of  Constitution.  103. 
Ordinance  80,  to  make  the  pay  of  the  public  school  teachers 

a  preferred  claim,  103. 
Ordinance  223,  to  regulate  State  expenditures  for  institutions 

of  learning,  169. 
Resolution  164,  to  refer  certain  petitions,  etc.,  without  read- 
ing, 308. 
•  Resolution  188,  to  provide  for  printing  and  binding  the  .Jour- 
nal of  the  Convention,   426. 
Ordinance  418,  to  amend  Sec.  4,  Art.  XI  of  Constitution,  723. 
Question  of  privilege,   1216. 
CARNATHON,  G.   H.,  4,   1778,   1784. 

Ordinance    224.    to    regulate   the    establishment    of   stock    law 

districts,  169. 
Ordinance  225,  to  amend  Sec.  25,  Art.  VI  of  the  Constitution, 

169. 
Resolution  183,  to  regulate  the  number  and  length  of  time 
pf  speeches  of  members,  382. 


INDEX.  1797 

CASE,   D.   C,   4.   1778.   1784. 

Resolution     42,  relating  to  education,  94. 

Ordinance  81,  to  amend  Art.  I  of  Constitution,  104. 

Resolution  100,  relating  to  the  education  of  the  negro,   159. 

Ordinance  343,  to  amend  Sec.  49  of  Constitution,  232. 

Question  of  privilege,  29,  1640. 
CENSUS,    TAKING   OF. 

Constitutional  provisions,  1718,  1737. 
CHAPMAN,   REUBEN,   4,   17/8.   1785. 

Ordinance  226,  to  amend  Sec.  31,  Art.  IV  of  Constitution,  170. 

Ordinance  227,  to  amend  Art.  IV  of  Constitution,  170. 

Ordinance  228    to  amend  Art.  IV  of  Constitution,  170. 

Resolution  281,  to  fix  a  day  for  final  adjournment,   1041. 
CHAPMAN,   ROBERT. 

Constitution  enrolled   on   parcnment,   1641. 
CITIES. 

See  particular  names. 
CLARKE,  R.  H. 

Privileges  of  floor  extended,  285. 
CLERGYMEN. 

Thanked  for  attendance  on  daily  sessions  of  Convention.  1658. 
CLERKS  OF  COMMIiTEES,   35,   125,   139. 
COBB,  JAMES  E.,  4,  1778,  1785. 

Motion  to  postpone  consideration  of  report  of  Committee  on 
Official    Stenographer,    48. 

Resolution  174,   to  amend  Rule  17,  370. 

Resolution  175,  to  regulate  leaves  of  absence,  370. 

Resolution   189,   correction  of  errors   in  Stenographic   report, 
426. 

Minority  report  from  Committee  on  State  and  County  Boun- 
daries,  451. 

Resolution    224,    to   fix   hour    for    consideration    of    report    of 
Committee  on  Suffrage  and  Elections,  603. 

Engaged  to  index  Stenographic  report,  1468. 

xcesolution  334,  providing  for  a  roll  call  in  order  that  absent 
delegates  may   have  an   opportunity  to  record   their  votes 
for  or  against  adoption  of  the  Constitution,   1645. 
GOFER,  W.  T.  L.,  4,  1778,   1784. 

Ordinance   229,   to  encourage  emigration,   170. 

Ordinance  230,  to  amend  Sec.  1,  Art.  XIII  of  Constitution,  170. 

Ordinance  231,  to  regulate  the  apportionment  and  appropria- 


Ii98  INDEX. 

tion  of  the  school  funds  of  the  State,  170. 
Ordinance  232,  to  regulate  representation,  170. 
Ordinance  295,  to  amend  Sec.  5,  Art.  IV,  Constitution,   191. 
Ordinance    373,    to    define    in    part   the    duties   of   Lieutenant- 
Governor,  285. 
Ordinance  384,  to  amend  Sec.  25.  Art.  II,  Constitution,  306. 
Resolution  238,  to  discharge  five  pages,  713. 
Minority  report  irom  Committee  on  Corporations,  968. 
Ordinance  456,  to  provide  for  the  payment  of  the  bonded  in- 
debtedness of  the  State,  1354. 
COLEMAN,  E.  W.,  4,  1778,  1^83. 

Ordinance  296,  relating  to  the  Judiciary,  191. 
Ordinance  404,  to  amend   Sec.   2,8,  Art.  V  as  adopted  by  the 
Convention,   513. 
COLEMAN,  THOMAS  W.,  4,  1778,  1/84. 
Enrolled  as  .  elegate,  4. 

Nomination  of  John  B.  Knox  as  president,  8. 
Permitted   to  select  seat,   29. 

Resolution  as  to  taxation  and    oonded   indebtedness,   73.   414. 
Ordinance  425,  concerning  the  granting  of  free  passes,  yO'*. 
Resolution  268.  by  Mr.  Davis   (Etowah),  to  print  1,000  copies 

of  speech  of,  954. 
Ordinance  452,  providing  for  the  election  of  Solicitors,  1333. 
Resolution   304,   in   reference  to   taking  the   Article   on   Judi- 
ciary from  table,   1352. 
Resolution   317,   of  thanks   to,    1428. 
COMMITTEE  ON  ADDRESS  TO  THE  PEOPLE. 
Appointed,    1473,    1476,    1753. 
Names,  1753. 
Address  prepared,  1755. 
COMMITTEE  ON  ENROLLMENT  OF  CONSTITUTION  ON  PARCH- 
MENT, 1479,  1481. 
Report  of,   1663. 
COMMITTEE    TO    ESCORT    REMAINS    OF    GOV.    SAMFORD    TO 

MONTGOMERY,  252. 
COMMITTEE  ON  EXPEDITION  OF  FINAL  WORK  OF  THE  CON- 
VENTION, 1437. 
Report    of,    1467. 
COMMITTEE    ON    INVITATIONS    TO    CLERGYMEN,    23.    30. 
COMMITTEE  ON  REDUCTION  OF  EXPENSES,   681,  705,   744. 
Report  of,  776. 
Minority  report,  777. 


INDEX.  1799 

COMMITTEE   ON   RULES. 

Appointed,  22,   30. 

Report  on  subordinate  officials,  and  standing  committees,  33 

Report  submitting  rules  for  Convention,  54-69. 

Reports  on   resolutions,   107,   132,   154,   181,   207,   259,   300,   379, 
440,  584,  683,  705,  775,  847,  864,  942,  1357,  1476.  1602. 
COMMITTEES,   STANDING. 

List  of,   33,   64. 

Names   of  members,    70,    72. 

Places  of  meeting.  111. 
COMMITTEE  ON   STENOGRAPHIC  REPORT,   23,   30. 

Report  of  majority,  43. 

Report  of  minority,  46. 
COMMUNICATIONS. 

From   Alabama   Educational   Association,   326. 

From  Alabama   Press  Association,   359. 
CONFEDERATE   SOLDIERS. 

Pensions  Committee   for,   proposed,   139. 

Ordinance  439,  to  exempt  from  taxation.  1088. 

Ordinance  459,  providing  suppoi't  of  indigent,  etc.,  1381. 
CONSTITUTION    AS    FINALLY    REPORTED    AND    ADOPTED. 

Amending   the   Constitution,   1741. 

Banks  and  Banking,  1732. 

Boundaries,  State  and  County,  1669. 

Corporations    (private),  1728. 

Declaration  of  Rights,   1664. 

Distribution  of  Powers.  1670. 

Education,  1734. 

Executive  Department,   1686. 

Exemptions,    1719. 

Impeachments,    1704. 

Judicial  Department,  1696. 

Legislative    Department,    1671. 

Local  Legislation,  1683. 

Militia,  1738. 

Miscellaneous   Provisions,   1740. 

Municipal  Corporations,   1724. 

Oath  of  office,  1739. 

Preamble,  1663. 

Representation,  1717. 

Schedule,  1743. 

Suffrage  and  Elections,  1706. 

Taxation,  1720. 


1800  INDEX. 

CORNWELL,  T.  J.,  4,  1778,  1784. 

Ordinance   189,   providing   for   the   levying   and    collecting   of 
municipal  laxes,  143. 

Ordinance  190.  to  amend  Sec.  7,  Art.  II,  Constitution,  143. 

Ordinance  191,  to  amend  Sees.  1  and  2,  Art.  II,  Constitution, 
144. 

Minority  report  from  Committee  on  Preamble,  etc.,  367,  636. 

Resolution  208,  co  umit  the  length  of  time  for  speeches,  524, 
585. 

Ordinance  421,   provides  for  the   formation  of  the  county  of 
"Houston,"  etc.,  846. 
CORPORATIONS,   COMMITTEE   ON. 

Committee  to  sit  during  sessions,   923. 

Report  of  Committee,  966. 

Minority  report,  968. 

Article  proposed,  969. 

Railroads  and   canals,   972. 

Consideration  of  report.  1392,   1406,  1421,  1437. 

Reconsideration  of  sundry  sections  proposed,  1416,  1435,  1606. 

Third   reading,   1460. 
CORPORATIONS,   PRIVATE. 

Constitutional  provisions,    (Sections  229-241),  1728. 
COUNTIES. 

See    particular    names. 

Delegates  to  Convention  from,  1784. 

May  levy  special  tax  for  schools,  1737. 

Boundaries   of,    1669. 

Court  houses,    removal   of,    1670. 

Special   courts   for,    1698. 
COUNTY   BOUNDARIES. 

Constitutional  provisions  (Sections  38-41),  1669. 
COURTS. 

Constitutional  provisions,   1696. 
CRAIG,  B.  H.,  4,  1778,  1784. 

Ordinance  233,  to  add  article  to  Constitution,  170. 

Ordinance  234,  to  amend  Sects.  1  and  2,  Art.  II,  Constitution, 
171. 

Ordinance  235,  to  amend  Sec.  1,  Art.  X,  Constitution,  171. 

Ordinance  236,  to  amend  Sec.  15,  Art,  VI,  Constitution,  171. 

Ordinance  237,  to  regulate  the  appointing  power  of  the  Gov- 
ernor,  171. 


INDEX.  1801 

Ordinance  238,  to  regulate  suffrage,  171. 

Ordinance  374,  to  amend  Sec.  1,  Art.  VIII  of  Constitution,  28'!. 

Resolution    318,    thanks    to    Mobile    Register    and    Tuskegee 
'News,  1429. 

Question  of  privilege,  1640. 
CULLMAN,   TOWN   OF,   1184,   1318,    1723. 
CUNNINGHAM,  R.  M.,  4,  1778,  1783. 

Motion  in  reference  to  assigning  seats,  26. 

Resolution   184,  absentees,   except  on   leave  for  sickness,  not 
to  be  allowed  pay,  382,  585. 

5,000  copies  of  speech  on  Suffrage  ordered  printed,  983. 

Resolution  319,   relates  to  introauction  of  amendments  after 
recess  of  Convention,  1470,  1476. 
CURRY,  DR.  J.  L.  M. 

Extended  an  invitation  to  address  Convention  on  Public  Edu- 
cation, 73. 
DALE  COUNTY. 

New  county  may  be  formed  from   (Sec.  39),  1670. 
DAVIS,  HUBERT  T.    (Etowah),   4,   1778,   1782. 

Ordinance  351,  to  amend  Sec.  10,  Art.  VII,  Constitution,  237. 

Ordinance  385,  to  amend  Sec.  7,  Art.  II,  Constitution,  306. 

Resolution   243,   to   discontinue  the   stenographic   report,   751. 

Resolution  z51,  to  adjourn  the  Convention  from  Montgomery 
to  Bellevue  Hotel,  near  Gadsden,  846. 

Resolution  268,  to  print  1,000  copies  of  the  speech  of  T.  W. 
Coleman,  954. 
DAViS,  JOHN  A.,  4,  1778,  1783. 
DEAF  AND   BLIND,  ALABAMA   SCHOOLS   FOR. 

Constitutional  provisions,  1736. 
DECATUR,   TOWN  OF,   1184,   1318,   1723,   1726. 
DECLARATION  OF  RIGHTS. 

Constitutional    provisions,    (Sections    1-36),    1664. 
DeGRAFFENREID,  EDWARD  W.,  4,  1778,  1782. 

Resolution  *3,  to  authorize  the  President  of  this  Convention 
to    appoint    two    shorthand    reporters,    etc.,    195. 

Ordinance  180,  to  amend  Sec.  10,  Art.  VI,  Constitution,  142. 

Resolution  1461/.,  relates  to  daily  sessions  of  Convention,  286. 

Ordinance  3?^;,  to  amend  Sec.  7,  Art.  I,  Constitution,  298. 

Resolution  237,  to  dispense  with  certain  committee  clerks,  681, 
705. 


1802  INDEX. 

Minority  report  of  Committee  on  Reduction  of  Expenses,  777. 

Ordinance   423,   to   repeal    Sects.    8   and    9   of   Article   already 
adopted   on   Banks  and   Banking,    847. 

Ordinance  42tj,  amenament  to  fourth  section  of  article  here- 
tofore adopted  on  Banks  and   Banking,  907. 

Resolution   278,   to   instruct   Secretary  to   purchase   necessary 
parchment  for  enrolling  Constitution,  1007. 

Ordinance  444,  to  strike  out  Sec.   28  of  article  on  Judiciary 
heretofore  adopted,  1148. 

Ordinance  445,  proposing  a  substitute  for  Sec.  28  or  article  on 
the  Judiciary,  1171. 

Resolution  331,  to  fix  nour  of  adjournment,  1601. 
DELEGATES. 

Enrollment  oi,   3-5. 

Signatures   to    Constitution.    1745-48. 

Alphabetical  roll,  1778. 

Roll  by  counties  and  districts,  1782. 
DEMOCRATIC   EXECUTIVE   COMMIITEE. 

Privileges  of  floor  extended,  1661. 
DEMOCRATIC    STATE   CONVENTION. 

Resolutions  as  to  printing  platform,  39. 

Resolutions  as  to  pledges,  39,  40. 
DENT,   S.   H.,   4,   1778,   1784. 

Resolution  156,  to  fix  the  hour  of  adjournment,  301. 

Resolution  216,  to  fix  hours  of  Convention,  555. 

Minority   report   from  Committee  on   Suffrage  and   Elections, 
537,   992. 

Resolution  259,  to  instruct  Committee  on  Corporations  to  re- 
port, 903. 

Question  of  privilege,  913. 
DEPARTMENTS  OF  GOVERNMENT. 

Defined,  1670. 
DISTRIBUriON  OF  POWERS,  1670. 
DOORKEEPERS,  22. 

Of  the  gallery,  36. 
DOSTER,  H.  S. 

Privileges   of  the   floor  extended.    1379. 
DUKE,  J.  B.,  4,  1778,  1784. 

Ordinance  82,  to  amend  Sec.  5,  Art.  V,  Constitution,  104. 

Ordinance  83,  to  amend  Sec.  4,  Art.  IV,  Constitution.  104. 


INDEX.  1803 

EDUCATION. 

Constitutional  provisions    (Sees.   256-270),  1734. 
EDUCATION,   COMMITTEE  ON. 

Memorial   from  Alabama  Federation  of  Womens'   Clubs,   147. 

Memorial  from  Booker  Washington,  109,  148. 

Report  of  Committee  on,  724. 

Article  proposed  by,  727. 

Minority  report,  729,  tZl. 

Substitute  proposed  by  minority,  735. 

Consideration  of  report,  1302,  1325,  1335,  1344. 

iteconsideration  of  sundry  sections  proposed,  1328. 

Third    reading,   1429. 
EDUCATIONAL   ASSOCIATION,    THE   ALABAMA. 

Communication    from.    326. 
ELECTIONS. 

Constitutional   provisions,    1671,    1672,    1706. 
ELEY,  B.F.,  4,  1779,  1784. 
EMINENT    DOMAIN. 

Constitutional  provisions,  1667,  1729. 
ENGROSSING  AND  ENROLLING  CLERK,  36,  463,  464,  1292. 
ENGROSSMENT,  COMMITTEE  OF. 

Reports,  848,  982,  1009,  1197,  1249,  1306,  1367,  1381,  1429,  1456, 
1460. 

Resolutions  referred,  908. 

Report  on  Resolutions,  Nos.  195  and  199,  1068. 

Report  on  Resolution  No.   283,   1291. 
ENROLLMENT  OF  DELEGATES,  4. 
ENSLBY,  TOWN  OF,  1185,   1318,  1723,   1726. 
ESPY,  T.  M.,  4,  1779,  1784. 

Resolution  13o,  to  fix  time  for  the  introduction  of  ordinances, 
138. 

Ordinance    198,    to   authorize    railroad    companies   to    exercise 
the   powers  of  eminent   domain,    144. 

Ordinance   l!>9,    to   define   the    powers   of   married    women    to 
contract,  145. 

Ordinance  200,  lo  regulate  the  establishing  of  stock  law  dis- 
tricts,   145. 

Ordinance  321,  to  amend  Sec.  1,  Art.  VI  of  Constitution,  203. 

Resolution    313,    extending    sympathy    of    Convention    to    Mr. 
Sollie  on  the  death  of  his  wife,  1414. 

Explanation   of  his  absence  when  vote  on  adoption  of  Con- 
stitution was  taken,  1640. 


1804  INDEX. 

EXECUTIVE  DEPARTMENT. 

Constitutional   provisions    (Sections    112-138),    1686. 
EXECUTIVE    DEPARTMENT,    COMMITTTEE    ON. 

Report  of  Committee  on,  213,   277. 

Article  proposed   by,   217. 

Report  and  article  ordered  printed,  226,  227,  240. 

Special   order  for  consideration  of,   234. 

Supplemental  reports,  239,  240.  259,  350. 

Consideration  of  report,  245,  261,  274,   289,  302,  314,  327,  372, 
388,   391.  395,  414,  427,  429  431  438. 

Remarks  of  Mr.  Jones,  Chairman,  245. 

Resolution  as  to  numbering  sections  of  engrossed  ordinance 
on,   405. 

Ordered  to  a  third  reading,  420. 

Reconsideration   of   certain   sections   proposed,    342,    347,    401, 
418,  420,  427. 

Ordered  engrossed,  440. 

Third  reading,  556. 

Referred  to  Committee  on  Order,  Consistency  and  Harmony, 
580. 

Additional  ordinance   as   to   impeachment  of   Sheriffs,   605. 

Report   of   Committee   on    Ordinance    414   to   provide   for    the 
succession  in  the  office  of  Governor,  642,  1442. 

Report  on  Ordinance  tl5,  for  the  relief  of  E.  S.  May,  643. 

Ordinance  417,  to  amend  Sec.   13,   682. 

Report   on   Resolution    414,    1415. 
EXEMPTIONS. 

Constitutional  provisions   (Sees.  204-210),  1719. 
EXEMPTIONS,   COMMITTEE  ON. 

Report  of  Committee  on,  626. 

Article  proposed,   627. 

Consideration  of  report,  1239. 

Engrossment   ordered,    1242. 

Third  reading,  1321. 
EXPENSES. 

Reduction  proposed,  681,  705,  744. 

Report  of  Committee  on  Reduction,  776. 

Minority   report,    777. 
EYSTER,   .JOHN  C,   4,   1779,   1785. 

Motion  to  administer  oath  to  Con\ention  officials,   23. 

Resolution  to  test  accuracy  of  reports  by  stenographers,  51. 


INDEX.  1805 

Resolution   to   print  names   of    members    of    Committees    in 
pamphlet  containing  rules,  69. 

Resolution  44,  to  ci'eate  the  office  of  recording  clerk,  95. 

Ordinance  84,  to  amend  Sec.  2,  Art.  II,  Constitution.  104. 

Ordinance    85,    to    repeal    paragraph    35    of    Declaration    of 
Rights,   ]04. 

Ordinance  86,  relating  to  State  University,   104. 

Ordinance  352,  to  protect  local  building  and  loan  associations 
from    excessive    taxation,    237,    380. 

Resolution   149.   to  extend   privileges  of  floor  to   certain   per- 
sons named,  287. 

Resolution  328,  to  allow  mileage  to  the  members  of  the  Com- 
mittee on  Order,  etc.,   1554,   1606. 

Resolution  332,  to  print  the  old  and  the  new  Constitution  in 
parallel    columns,    1643. 
FAIN,   T.   J. 

Elected  assistant  doorkeeper,  22,  23. 

Resolution  of  thanks,  1659. 

Leave  of  absence,  722,  1170. 
FEDERATION  OF  WOMEN'S  CLUBS,   147. 
FERGUSON,  CHAS.  W.,  4,  1779,  1784. 

Resolution   45,   relates  to  qualifications   for  suffrage,   96,    112. 

Ordinance  87,  concerning  the  right  of  citizens  to  bear  arms, 
104. 

Ordinance  240,  to  dispense  with  the  necessity  of  indictment 
in  certain  felony  cases,  171,  288. 

Resolution  122,  concerning  suffrage,  190. 

Resolution  198,  greeting  from  the  people  of  Alabama  to  the 
people  of  Cuba,   464. 

Resolution  287,  relates  to  the  distinction  between  grand  and 
petit  larceny,   1126. 
FITTS,  WM.  C,   4,   1779,  1785. 

Ordinance  88,  to  repeal  Sec.  38  of  Bill  of  Rights,  104. 

Ordinance  298,  to  provide  the  mode  of  election  of  the  trus- 
tees of  the  University  of  Alabama,   191. 

Ordinance   299.   to  declare  the  Governor  ineligible   for  office, 
etc.,  191. 

Resolution  329,  to  fix  time  of  final  adjournment,  1554. 

Oi'dinance  334,   to  appropriate  $1,000  to  be  expended  by  the 
Governor  in  giving  publicity  to  the  Constitution,  etc.,  1661, 


1806  INDEX. 

FLETCHER,   A.   S.,   4,    1779,    1785. 

Ordinance  89,  to  amend  Sec.  7,  Art.  XI,  Constitution,  10-5. 

Ordinance  241,  to  amend  Sec.  50,  Art.  IV,  Constitution,  171. 

Ordinance  242,  to  amend  Sec.  5,  Art.  XI,  Constitution,  172. 

Report  of  Committee  on  Banks  and  Banli;ing,  347. 

Resolution  213,  to  fix  a  time  for  consideration  of  the  report 
of  the  Committee  on  Suffrage,  543,  683. 
FLOOR  OF  CONVENTION. 

Who   entitled   to.   39. 
FLORENCE.   TOWN  OF,   1180,   1185.   1555. 
FOSHEE,  J.  M.,  4,   1779,  1784. 

Ordinance    322,    providing    that    representation    be    based    on 
white  population   only,    203. 

Ordinance  453,  providing  for  the  registration  of  colored  elect- 
ors, 1333. 
FOSTER.   J.    M..   4,   1779,   1785. 

Ordinance  90,   to  define  general  laws.   105. 

Ordinance  91,  to  amend  Sec.  1.  Art.  VIII,  Constitution,  105. 

Ordinance  92.   to  amend   Sec.  9,  Art.  XIII,  Constitution,   105. 

Ordinance  93,  to  further  restrain  the  powers  of  the  General 
Assembly,    105. 

Resolution  123,  to  facilitate  the  work  of  the  Convention,  290. 

Resolution  185,  relating  to  afternoon  sessions  of  Convention, 
405. 

Report  of  Committee  on  Amending  Constitution,  etc..  484,  486. 

Report  of  Comm.ittee  on  St.  Clair  County,  489. 

Resolution    201,    to   regulate   the   consideration    of    reports    of 
Committees,  510. 
FRANCIS,  MRS.  L.   W. 

Engrossing  and  enrolling  clerk,  36. 
FREE    PASSES. 

Ordinance  3,   prohibiting,   76. 

Ordinance  132,  providing  penalty  for  issuing.   117. 

Constitutional    provisions,    1731 . 
FREEMAN,   NEWMAN  H.,   4.  1779,   1785. 

Ordinance   427,   provides  that  corporation   attorneys  shall   be 
ineligible  to  office  as  member  of  the  Legislature,  908. 
FOREIGN  CORPORATIONS. 

Constitutional    provisions,    1728. 
GADSDEN,  TOWN  OF,   1180.  1318,  1723,   l726. 
GALLERY,   DOORKEEPER  OF,   36. 


INDEX.  1807 

GENERAL  ASSEMBLY. 

See  Legislature. 
GENEVA  COUNTY,  • 

New  county  may  oe  formed    (Sec.  39),  1670. 
GILMORE,   JOHN  A.,   4,   1779,   1784. 

Minority  report  from  Committee  on  State  and  County  Boun- 
daries, 452. 
Resolution  273,  to  print  5,000  copies  of  the  speeches  of  Messrs. 
Gates,  Harrison,  White,  Dent  and  Jones  in  pamphlet  form, 
985. 
GIRLS'    INDUSTRIAL    SCHOOL,    THE    ALABAMA. 

Constitutional  provisions,  1737. 
GLOVER,  W.  F.,  4,  1779,   1782. 

Ordinance  94,  to  amend  Sec.  12,  Art.  1,  Constitution,  105. 
Ordinance  95,  to  amend   Sec.   1,  Art.  XIII,  Constitution,   105. 
Ordinance  344,  to  regulate  the  Judiciary  system,  232. 
Ordinance  345,  to  abolish  dower  and  curtesy,  232. 
GOVERNOR. 

Constitutional    provisions,    1678,    1686,    1695,    1700,    1704,    1710, 
1733,   1739,   1744. 
GRAHAM,   EDWARD  A.,   4,   1779,   1785. 

Ordinance  96,  to  amend  Sec.  1,  Art.  V,  Constitution,  105. 
Ordinance  97,  to  amend  Sees.  23  and  24,  Art.  IV,  Constitution, 

106. 
Ordinance   98,   to   amend    Sec.    25,   Art.   VI.    Constitution,    106. 
Ordinance  300,  to  prevent  the  General  Assembly  from  depriv- 
ing municipalities  of  their  legitimate  revenues,  192. 
Ordinance  301,   to  amend  Sec.   2,   Art.   IV.   Constitution,   192. 
Resolution   285.   to  extend  sympathy  of  Convention   to   Thos. 
G.  Jones  on  the  tragic  death  of  his  daughter,  1106. 
GRAHAM.   JOSEPH   B.,   4,   1779,   1783. 

Motion   to  elect  permanent  officers,   8. 
Nomination  of  Robert  Hasson  as  doorkeeper,  22. 
Resolution  to  extend  invitation  to  Dr.  J.  L.  M.  Curry  to  ad- 
dress  Convention,   73. 
Resolution    46.    to    instruct    Secretary    of    State    to    furnish 

copies  of  Codes  to  members.  96,  97. 
Resolution  158,  to  extend  thanks  of  the  Convention  to  certain 
parties  named  for  certain  courtesies  on  the  occasion  of  the 
funeral  of  Gov.   Samford,  301. 


1808  INDEX. 

Resolution    159,    declaring   sense   of   Convention    that   present 
school  appropriations  and  taxes  shall  not  be  reduced,  307. 

Resolution  180,  relating  to  educational  needs,  381. 

Resolution  202,  to  regulate  afternoon  sessions,  571. 

Resolution  234,  to  hold  evening  sessions,  681. 

Report  of  Committee  on   Education,   724. 

Resolution  260,  to  fix  hour  of  adjournment,  905. 
GRANT,   L.  W.,  4,   1779,   1782. 
GRAYSON,  JOHN  W.,  4,  1779,  1782. 

Ordinance  99,  to  amend  Sec.  2,  Art.  I,  Constitution,  106. 

Ordinance  100,  to  amend  Art.  XIII.  Constitution,  106. 

Ordinance  246,  to  amend  Sect.  4  and  5,  Art.  XI,  Constitution, 
172. 

Ordinance  247,  to  provide  for  the  payment  of  public  debt,  172. 

Resolution  as  to  stenographic  report,  177. 

Resolution  120,  to  require  yea  and  nay  vote  on  all  resolutions 
for  the  payment  of  money,  189,  240. 

Ordinance  323,  to  repeal  Sec.  8,  Art.  XI,  Constitution,  203. 

Resolution  179,  to  fix  time  of  daily  sessions  of  the  Conven- 
tion,  380. 

IV^mority  report  of  Committee  on  Representation,  497,  499. 
GREEN,  D.  F. 

Privilege  of  floor  extended,  1279. 
GREER,  CHARLES   H.    (Perry),   4,  1779,   1783. 

Ordinance  346,  relating  to  legal  advertising,  232. 

Ordinance  375,  to  provide  for  the  filling  of  vacancies  in  cer- 
tain county  offices,   286 . 

Resolution    170,   welcome  to   the  Alabama   Press  Ass'n.,   324. 

Minority  report  of  Committee  on  Representation,  497.  499. 
GREER,  L.  F.,  4,  1779,  1782. 

Resolution  47,  to  levy  tax  on  dogs,  97. 

Resolution  48,  relates  to  removal  of  county  sites,  97. 

Resolution  49,  relates  to  local  legislation,  97. 

Extends  thanks  to  doorkeepers  and  pages,   1659. 

Ordinance  388,  to  fix  the  date  of  the  election  of  city  officers, 
306. 

Question  of  privilege,  1601. 
GRIFFIN,  MISS   FRANCES. 

Addresses   Convention   on   Woman's   Suffrage,    241. 

Vote  of  thanks  extended,  241. 


INDEX.  1809 

HALEY,  C.  L.,  4,  1779,  1782. 

Ordinance  353,  relates  to  exempted  property,  238. 
Ordinance  354,  relates  to  county  boundaries,  238. 
Minority  report  from  Committee  on  Impeachments,  709. 
HANDLEY,  WM.  A.,  4,  1779,   1785. 

Ordinance  101,  providing  for  a  reduction  of  taxation,  106. 
Ordinance  436,  to  repeal  Sees.  8  and  9  of  Article  heretofore 

adopted  on  Banks  and  Banking,  1009. 
Resolution  296,  to  fine  absentees,  1275. 
HARRISON,   GEORGE   P.,   4,   1779,   1783. 
Permitted  to  select  seat,  29. 
Question  of  privilege,   1640. 
Resolution  to  fix  time  for  adjournment,  42. 
Ordinance  5,  to  prohibit  vagrants  from  voting  in  this  State, 

77. 
Ordinance  248,  to  limit  the  issue  of  bonds  or  other  evidences 

of  debt  by  cities  and  towns  in  this  State,  172. 
Ordinance  324,  to  amend  Sec.  21,  Art.  IV,  Constitution,  203. 
Ordinance    355,    to  limit    the    indebtedness    of    cities,    towns 

and  villages,  238. 
Resolution  142,  in  reference  to  the  death  of  Gov.  Wm.  J.  Sam- 
ford,  251. 
Resolution  143,  in  reference  to  funeral  of  Gov.  Samford,  255. 
Resolution   148,   relates  to  adjournment,   287. 
Resolution   166,   to   limit  speeches  to   five   minutes,   308,   440, 

553. 
Resolution    173,    to   provide   a   rule   for   the   consideration   of 

ordinances,  etc.,  370. 
.  Minority  report  of  Committee  on  Suffrage  and  Elections,  537, 

992. 
Resolution  230,  to  preserve  copies  of  the  stenographic  report 

for  certain  State  educational  institutions,  626. 
Resolution  241,  to  extend  privileges  of  floor  to  certain  persons 

named,    723. 
Resolution  344,  to  permit  any  delegate  within  ten  days  after 

adjournment  to  sign  the  Constitution,  1659. 
HARWOOD,  BERNARD. 

Privilege  of  floor  extended,  663. 
HASSON,  ROBERT. 

Elected  doorkeeper,  22,  23. 

114 


1810  INDKX. 

Resolution  oi  thanks,   1659. 

Leave  of  absence,  509,  1040. 
HEFLIN,   JOHN  T..    (Randolph),   4,   1779,   1782. 

Ordinance  102,  to  confirm  and  raiify  Sec.  12,  Art.  I,  Constitu- 
tion, 106. 

Resolution   99.   to   fix   salary  of  Governor    at    not  less    than 
$5,000,    151. 

Ordinance  249,  relates  to  the  office  of  Justice  of  the  Peace, 
etc.,   172. 

Ordinonce  325,  to  amend  Sees.  3,  5  and  6,  Art.  IV,  of  Consti- 
tution,   203. 

Reports  from  Committee  on  Schedule,  etc.,  120,  240,  493,  545. 

Resolution   266,  to  grant  leave  of  absence  to  Capt.   John  F. 
Burns,    939. 
HEFLIN,  J.  THOMAS    (Chambers),  4,   1779,   1784. 

Motion  in  reference  to  seating  delegates,  23. 

Resolution  203,  to  regulate  daily  sessions,  511. 

Ordinance    408.    creating   the   office   of    Sheriff,   etc.,    576,    588, 
605. 

Question  of  privilege,  650,  1330,  1344. 

Motion  to  extend  privileges  of  floor  to  R.  L.  Hipp,  991. 

Resolution  289,  relating  to  Sec.  28  of  Article  on  ihe  Judiciary, 
1170. 

Resolution   2i>0.   to   rescind   rule   43,    1194. 

Resolution   303,   relates  to  election   of  solicitors,   1332. 

Ordinance  455,  providing  for  the  adoption  of  an  article  on  the 
Judicial   Departm.ent,   1333. 
HENDERSON,  J.  C,  4,  1779,  1785. 

Resolution  as  to  removal  of  seat  of  government,  74. 

Resolution   to  base   representation   on  population,   75. 

Resolution  50,  to  print  500  copies  of  present  Constitution,  97, 
134. 

Resolution  51,   _o  fix  the  interest  rate,  98. 

Resolution  52,  to  establish  a  Railroad  Commission,  98. 

Resolution  53,  to  regulate  office  holding,  98. 

Resolution  54,  relates  to  office  of  Governor,  99. 

Resolution  55,  relates  to  mileage  of  members  of  the  General 
Assembly.  99. 

Resolution  56,  relates  to  amendment  of  Sec.  30  of  Declaration 
of  Rights,  99. 

Resolution    57,    relates    to   taxation,    99. 


INDEX.  1811 

Resolution   58.   relates  to  exemptions,   99. 

Resoluaion  59,  relates  to  State  bonded  indebtedness;  100. 

Resolution    102,    to    regulate   the   introduction    of   ordinances, 
152,   182,    187. 

Ordinance    250,    to    fix    the    time    for    the    assembling    of    the 
General  Assembly,   172. 

Ordinance    251,    providing    for    the     bonding     of     State     and 
county  officers,   173. 

Resolution  2o2,  reducing  the  number  of  jurors,  173. 

Ordinance  253,  to  provide  for  the  working  of  convicts,   173. 

Ordinance   254,   providing  for  the  exemption   of  cotton   mills 
from  taxation    liZ. 

Ordinance  256,  regulating  and  providing  for  the  publication 
•     01  laws  and  bills,  173. 

Ordinance  256,  to  establish  a  Department  of  Agriculture,  173. 

Ordinance  257,  to  amend  Sec.  5,  Art.  XIII,  Constitution,  193. 

Resolution  214.  relates  to  tax  on  fertilizers,  544. 
HENRY  COUNTY. 

New  county  may  be  formed  from   (Sec.  39),  1670. 
HERBERT,    HILARY    A. 

Privilege  of  floor  extended,  463. 
HERBERT,   WM.   F. 

Elected  assistant  secretary,  22,  23. 

Resolution  of  thanks,  1658. 
HINSON,   EVANS,   4,   1779,   1785. 

Ordinance  103,  to  amend   Sec.  24,  Art.  IV,  Constitution,  106. 

Resolution    j.06,   relates  to   compeflisation   of  Judicial   officers, 
161. 

Resolution  107.  relates  to  compensation  of  Executive  officers, 
161. 

Ordinance  376,  to  establish  an  inferior  court,  etc.,  297. 
HIPP,  R.    L. 

Privilege  of  floor  extended,  991. 
HODGES,   P.   W.,   4,   1779,   1782. 

Ordinance   6,   to   amend    Sec.   2,   Art.   XI,   Constitution,    84. 

Minority  report  from  Committee  on  Education,  731. 
HOFFMAN,   FRANCIS   O. 

Proposition  to  report  proceedings  of  Convention,   44. 

Resolution  of  thanks,  1658. 
HOMESTEADS. 

Constitutional  provisions    (Sec.  205),  1719. 


1812  INDEX. 

HOOD,   O.    R.,    4,   1779,    1782. 

Ordinance  259,  to  establish  a  court  of  appeals,  173. 
HOWELL,   W.   P.,   4,   1779,   1784. 

Resolution  to  appoint  committee  to  invite  clergymen  to  open 

sessions  of  Convention  wita   religious  service,  23. 
Prayer  by,  227,  402,  bd9,  748,  899,  1005,  1104,  1328. 
Ordinance  7,  to  amend  Sec.  2,  Art.  II,  Constitution,  84. 
Ordinance  104,  to  regulate  mileage  and  per  diem  of  members 

of  the  General  Assembly,  106. 
Resolution  60,  relates  to  correction  of  errors  in  stenographic 

report,  112. 
Resolution   191,   relates  to  engrossment  of  ordinances,  444. 
Resolution  199,  to  fix  rate  of  payment  for  extra  clerical  as- 
sistance of  engrossing  and  enrolling  clerk,  464,  908. 
Resolution  252,  to  render  thanks  to  God  for  the  welcome  and 

copious  showers  of  rain,   846. 
Resolution  339,  to  render  thanks  to  the  ministers  of  the  city, 
etc.,  1658. 
HOWZE,  A.  C,  4.  1779,  1782. 

Ordinance  8,  to  regulate  the  veto  power  of  the  Governor,  84. 
Ordinance  9,  to  prohibit  increase  of  salary  or  fees  of  public 

officers  during  term,  84. 
Ordinance  10,  providing  for  the  election  of  Lieutenant  Gover- 
nor, 85. 
Ordinance  105,  to  require  salaries  of  judges  to  be  paid  by  the 

State,  107. 
Report  of  Committee  on  Exemptions,  626. 

Resolution  315,  to  raise  a  special  committee  of  five  to  report 
a  plan  to  expedite  the  completion  of  the  work  of  the  Con- 
vention, 1436. 
HUEY,  MR. 

Privilege  of  fioor  extended,  1421. 
HUEY,  VANN. 

Privilege  of  floor  extended,  1043. 
HUFFMAN,  T.  Y. 

Privilege  of  floor  extended,  1068. 
HUNTSVILLE,  CITY  OF,  1318,  1722. 
IMPEACHMENTS. 

Constitutional  provisions   (Sees.  173-176),  1704. 


INDEX.  1813 

IMPEACHMENTS,  COMMITTEE  ON. 

Report  of  Committee,   708. 

Minority  report,  709. 

Article  proposed,  711. 

Consideration  of  report,  1263. 

Ordinance  404,  considered,  1269,  1272,  1282,  1284,  1292,  1299, 
1367,   1370. 

Reconsideration  of  sundry  sections  proposed,  1272. 

Engrossment  ordered,  1299,  1302. 

Third  reading,  1367. 
INGE,  W.  B.,  4,  1-79,  1783.  #  . 

INZER,  JOHN  W.  / 

Privilege  of  floor  extended,  1654. 
JACKSON,  E.  C,  4,  1779,  1785. 

Resolution  to  provide  for  printing  Democratic  platform,  39. 

Ordinance  106,  to  readopt  Sec.  10,  Art.  XIII,  Constitution,  113. 

Resolution   61,   declaring  the  purpose   of  the  Convention   on 
certain  questions,  121. 

Resolution  125,  relates  to  report  of  Committee  on  Rules,  201. 

Minority  report  from  Committee  on  State  and  County  Boun- 
daries, 451. 

Resolution  204,  to  limit  time  for  speeches,  511. 
JELKS,  GOVERNOR  WM.  D. 

Privileges  of  floor  extended,   287. 
JENKINS,  SAMUEL  C,  4  1779.  1782. 

Resolution  62,  relating  to  State  colleges  and  institutions,  122. 

Ordinance  208,  to  amend  Sec.  1,  Art.  VIII,  Constitution,  153. 

Ordinance  448,  to  provide  for  the  election  of  successors  of  the 
hold  over  Senators  whose  term  of  office  expires  in  1904,  1246. 
JOHNSTON,  MRS.  W.  F. 

Memorial  as  Chairman  of  Committee  from  Alabama  Federa- 
tion of  Women's  Clubs,  147. 
JONES,  J.  F. 

Privilege  of  floor  extended,  1106. 
JONES,  JAMES  McLEAN,  (Hale),  4,  1779,  1784. 

Resolution  108,  relates  to  disfranchisement  of  negroes,  161. 

Ordinance  367,  to  amend  Sec.  26,  Art.  VI,  Constitution,  244. 
JONES,  JOHN  C,  4,  1779,  1784. 

Resolution  63,  relating  to  representation,  122. 

Resolution  64,  relates  to  suffrage,  123- 


1814  INDEX. 

JONES,  RICHARD  C,  4,  1779,  1783. 

Ordinance  111,  to  amend  Art.  IX,  Constitution,  114. 

Resolution   85,   relating  to   contents   of   resolutions   and   ordi- 
nances, 136,  154. 

Ordinance  264,  to  amend  Sec.  2.  Art.  XI,  Constitution,  174. 

Ordinance  265,  to  amend  Sec.  1,  Art.  XIII,  Constitution,  174. 

Resolution  190,  relates  to  amendments  of  committee  reports, 
426. 

Ordinance  419,  to  provide  for  the  issuance  of  bonds,   in  the 
event  of  the  annexation  of  any  foreign  territory  to  this  State 
by  purchase,  723. 
JONES,  THOMAS  G.,  4,  1779,  1782. 

Permitted  to  select  seat,  29. 

Ordinance  11,  to  amend  Art.  VIII.  Constitution,  85. 

Ordinance  12,  to  amend  Sec.  1,  Art.  VII,  Constitution,  85. 

Ordinance  107,  to  amend  Sees.  9  and  10,  Art.  XIII,  Constitu- 
tion, 114. 

Ordinance  108,  to  amend  Sec.  21,  Art.  VI,  Constitution,  114. 

Ordinance  109,  to  amend  Sec.  14,  Art.  V,  Constitution,  114. 

Ordinance  110,  to  provide  for  the  safe  and  productive  use  of 
surplus  public  funds  in  the  treasury,  114. 

Resolution  65,  relates  to  free  passes,  123. 

Resolution  66,  relates  to  the  establishment  of  a  board  of  ar- 
bitration, 123. 

Resolution  67,  relates  to  the  distribution  of  taxes  and  public 
funds,   123. 

Resolution  109,  concerning  the  quarantine  and  police  power, 
162. 

Ordinance  261,  to  promote  speedy  decision  of  causes  in  the  Su- 
preme Court,  174. 

Ordinance  262,  to  provide  for  a  board  of  conciliation,  174. 

Resolution   134.   expression   of   sympathy   of  the  members   of 
the  Convention  as  to  the  death  of  Gov.  W.  J.  Samford,  209. 

Report  of  Committee  on  Executive  Department,   213. 

Makes  report  of  Committee  on  Executive  Department  special 
order.   234. 

Supplemental   report   Committee   on   Executive     Department, 
239,  359. 

Remarks  on  report,  245,  350. 

Question  of  privilege,  302,  651. 


INDEX.  1815 

^Resolution  185,  relating  to  numbering  of  sections  of  engrossed 
ordinance  on  Executive  Department,  405. 

Resolution  193,  to  incorporate  an  additional  article  in  Con- 
stitution, 444. 

Kesolution  217.  to  order  article  on  Executive  Department  to  a 
third  reading,  556. 

Question  of  inquiry  on  report  of  Committee  on  Journal,  901. 

Resolution  261.  to  direct  secretary  to  procure  a  copy  of  the 
opinion  of  the  Attorney  General  as  to  the  right  of  the  Con- 
vention to  appropriate  pay  to  its  members  beyond  the  time 
fixed  in  the  enabling  act,  905. 

Resolution  285,  extending  sympathy  on  the  tragic  death  of  his 
daughter,   llOo. 
JOURNAL   OF   THE   CONVENTION. 

Printing  and  binding,  426,  1041,  1153,  1156. 

Contract  for,  1454. 

Approved,  28,  38. 

Report  of  Committee  on,  79,  93,  112,  131,  151,  158,  180,  199, 
207,  229,  236,  243,  2o7,  268,  284.  296,  305,  322,  341,  358,  379, 
404,  425,  443,  463,  509,  524,  543,  553,  578,  602,  624,  641,  662, 
680,  701,  723,  750,  760,  774.  804,  845,  863,  901,  915,  938,  961, 
966,  980,  985,  991,  1007,  1040,  1067,  1088,  1105,  1125,  1170, 
1194,  1225.  1244,  1274.  1289,  1330,  1352,  1379.  1427,  1479,  1553, 
1601,  1640,  1657. 
JUDGES. 

Constitutional  provisions  (Sees.  139-172),  1696. 
JUDICIAL   DEPARTMENT. 

Constitutional  provisions,    (Sees.  139-172),  1696. 
JUDICIARY,   COMMITTTEE  ON. 

Report  of  Committee,  808. 

Minority  reports,  812,  813,  816,  817. 

Article  proposed,  819. 

Resolution  284,  to  amend  Sec.  29  of  report,  1088. 

Consideration  of  report,  1099,  1107,  1115,  1127.  1137. 

Reconsideration  of  sundry  sections  proposed,  1100,  1129,  1131, 
1143,  1148,  1149,  1151,  1171,  1263,  1275. 

Engrossment  ordered,  1143,  1151,  1365. 

Substitute  for  Sec.  28  proposed,  1171. 

Third  reading  (first  time).  1254,  1275. 

Third  reading  (second  time),  1397. 

Article  laid  on  the  taWe,  1284. 


1816  INDEX. 

Report  on  Ordinance  410,  1291. 

Resolution  303,  relates  to  election  of  Solicitors,  1332;. 

Ordinance  455,  providing  for  the  adoption  of  an  article  on  the 
Judiciary,   1333. 

Motion  to  take  from  the  table,  1354,  1362. 
JULIAN,  FRANK  N. 

Elected  Secretary,  22,  23. 

Resolution  on  death  of  his  brother,  307. 

Resolution  of  thanks,  916,  1658. 

Leave  of  absence,  296. 
JULIAN,  WILLIAM. 

Resolution  on  death  of,  307. 
JUSTICES  OF  THE  PEACE. 

Constitutional  provisions   (Sec.  168).  ITOS^. 
KENNEDY,  T.  L. 

Privilege  of  floor  extended,   1420. 
KING,  JOHN  J.,  4,  1779,  1785. 
KIRK,  JAMES  T.,  4,  1779,  1784. 

Ordinance  13,  to  amend  Sec.  5,  Art.  V,  Constitution,  85. 

Ordinance  14,  to  amend  Sees.  5,  6,  18,  23,  and  add  Sec.  29  to 
Art.  VI  of  Constitution,  85  . 

Ordinance  112,  to  amend  Sees.  S,  5  and  9,  Art.  IV  of  Constitu- 
tion, 114. 

Resolution  126,  relates  to  the  formation  of  counties,  201. 

Resolution  172,  relates  to  the  repeal  of  the  Fifteenth  Amend- 
ment to  the  Federal  Constitution,  367. 

Resolution  236,  relating  to  povi^ers  to  municipal  corporations 
to  create  debts,  681. 

Resolution  309,  to  extend  the  sympathy  of  the  Convention  to 
Messrs.  A.  H.  and  M.  S.  Carmichael  on  the  death  of  their 
brother,  1353. 
KIRKLAND,  W.  W.,   4,   1779.   1784. 

Ordinance  15,  to  regulate  terms  of  oflBce,  85. 

Ordinance  16,  relating  to  exemption  laws,  85. 

Ordinance  113,  to  amend  Sec.  2,  Art.  II,  Constitution,  114. 

Ordinance  114,  to  establish  a  Railroad  Commission,  114. 

Ordinance  115,  to  amend  Sec.  6,  Art.  IV,  Constitution,  115. 

Ordinance  116,  relates  to  mileage  of  members  of  the  General 
Assembly  and  others,  115. 

Ordinance  117,  to  amend  Sec.  5,  Art.  IV,  Constitution,  115. 

Ordinance  118,  to  amend  Sec.  16,  Art.  V,  Constitution,  US- 
Resolution  68,  to  prevent  legislative  lobbying,  124. 


INDEX.  1817 

KNIGHT,  WM.  M.,  4,  1779,  1784. 

Ordinance  220,  to  amend  Sec.  3,  Art,  VIII,  Constitution,  169. 

Resolution  135,  to  abolish  the  offices  of  State  and  County  Back, 
Tax  Commissioners,  209. 

Resolution  310,  to  fix  hour  of  adjournment,  1379. 
KNOX,  JOHN  B.,  4,  1779,  1780,  1782. 

Enrolled  as  aelegate,  4. 

Elected  President  of  the  Convention.  8. 

Speech  on  accepting  Presidency,  8-21. 

Speech  ordered  spread  on  Journal,  22. 

Statement  by,  146. 

Remarks   on   the   report   of  the   Committee   on    Suffrage   and' 
Elections,  975. 

Resolution  2*0,  by  Mr.  Reese,  to  print  5,000  capies  of  address, 
976. 

Resolution  307,  to  extend  privileges  of  the  floor  to  Hon.  G.  W. 
Taylor  and  to  Hon.  O.  W.  Underwood,  1353. 

Resolution  of  thanks  to,  1658. 
KYLE,  R.  B.,  4,  1779,  1784. 

Ordinance  380,  to  amend  Sec.  14  of  the  Constitution  in  rela- 
tion to  Banks  and  Banking,  298. 

Ordinance  399,  to  provide  for  the  formation  of  private  cor- 
porations, 427. 

Resolution  263,  to  regulate  per  diem  of  members  after  expira- 
tion of  fifty  day  limit,  915. 
LANDS  OF  STATE . 

Constitutional  provisions  (Sec.  99),  1681. 
LAWS. 

Constitutional  provisions,  1671,  1675,  et  seq. 
LEAVES  OF  ABSENCE. 

Regulations  of,  209,  370. 

Objections  to,  150,  234. 

Resolution  266,  to  grant  leave  to  Capt.  John  F.  Burns,  939.- 

Granted  to — 

Mr.  Almon,  38,  236,  244,  358,  1473,  1601. 
Altman,  236,  358,  462,  523,  543,  1087. 
Ashcraft,  54,  180,  284,  774. 
Banks,  523,  966. 
Bartlett,  206,  509,  1125. 
Beavers,  509,  543,  774. 
Bethune,  206,  358,  722,  804, 1087. 


1818  INDEX. 

Boone,   296,   509,   602. 
Browne,  641,  900,  1553. 

Bulger,  198,  207,  229,  379,  750,  1067,  1225,  1553,  1601. 
Burnett,  111,  207,  284,  358,  662,  722,  900,  915,  966,  1067,  1225, 

1553. 
Burns,  939. 
Byars,  198.  845, 

Cardon,  150,  296.  641.  915,  1352, 

Carmichael  (Colbert),  284,  358,  379.  750.  759.  966,  980. 
^.^armichael    .^offee),  229,  244,  553,  624,  641,  966. 
Carnathon,  206,  804,  980. 
Case,  543,   845,  1125. 
Cobb,  132,  180,  207,  7o0,  966,  1194. 
Cofer,  54,  93,  425,  624. 

Coleman  (Greene).  378,  641,  1040,  1378.  1427,  1639. 
Coleman  (Walker),  150,  229,  236,  296.  358. 
Cornwell,  93.  229,  425. 

Craig,  54,  79,  93,  207,  358,  578,  722,  966,  1427. 
Cunningham,  150,  158    229,  358,  404,750. 
Davis  (DeKalb),  198,  578,  966,  1125. 
Davis  (Etowah),  93,  150,  180,  296,  358.  443. 
Dent,  79,  _50,  509,  845,  1378. 
DeGraffenried,  543,  602,  1040,  1274. 
Duke,  236.  462,  -543,  722,  133t). 
Ely,  378,  985,  1087,  1378,  1601. 
Eyster,  296,  358,  759,  966. 
Espy,  229,  268.  523,  90u,  1352. 
Ferguson,  759,  985,  1049. 
Fitts.  93,  229,  296,  524,  578,  900,  966,  1553. 
Fletcher,  150,  378,  938,  1244. 
Foshee,  284,  358,  722,  863,  1378. 
Foster,  863,  1170. 

Freeman.  132    206,  602,  966,  1378,  1427. 
Gilmore,  132,  229,  5<8,  1040,  1330. 
Glover,  150,  244,  404. 

Graham  ( ivlontgomery )  111.  150.  158,  804,  966,  1194. 
Graham   (lalladega)  158,  602,  774.  900,  966,  1007. 
Grant,  268,  578. 
Grayson,  863,  1040. 

Greer  (Calhoun)  132,  296,  578,  93S,  1378. 
'Greer  (Perry)  54,  132,  236,  296.  404,  425. 


INDEX.  '  1819 

Haley,  54,  268,  759,  1330. 
Handley,  462,  1601, 
Harrison,  54,  722,  980,  985,  1105. 
Heflin   (Chambers)  158,  980. 
Heflin   (Randolph)   207,  358,  602,  1067. 

'Henderson,  180.  236,  296,  509,  662.  915,  966,  1067,  1170,  1427. 
Hinson,  602,  662,  1378,  1427. 
Hodges,  296,  985,  1244,  1289. 
Hood,  236,  296.  524,  750. 
Howell,  207,  284,  309,  602. 
Howze.  229,  379,  863.  1067,  1244,  1601. 
Inge,  132,  Sb8,  641,  863,  966,  1378. 
Jackson,  131,  180,  296,  602,  722,  915,  1105. 
Jenkins,  150,  680,  759,  966,  980,  1473. 
Jones  (Bibb)  358,  863. 
Jones  (Hale)  79.  229,  236,  523,  954. 

Jones  (Montgomery)  132,  180,  404.  462,  938,  985,  1007,  1105. 
Jones  (Wilcox)   284,  750,  1105,  1125. 
King,  79,  111,  236,  523. 
Kirk,  284,  900,  915,  1170,  1378. 
Kirkland,  131,  207,  268,  284,  379,  509,  543,  602,  641,  722,  774, 

863,  900,  966,  1067,  1352. 
Knight,  1067. 

Kyle,  131,  253.  267.  /22,  804,  938,  96^6,  1225. 
Ledbetter,  54,  180,  207,  379,  863,  1087.  1330,  1473. 
Leigh,  207. 

Locklin,  54,  198,  236,  509,  641,  680,  1087,  1225.      . 
Lomax,  79,   158,   198,  404,   462,  662,  961,  1105.   1473. 
Long  (Butler)  79,  229,  358,  509,  1067. 
Long  (Walker)  54,  93,  198,  379,  1087. 
Lowe  (Jefferson)  38. 

Lowe   (Lawrence)   132,  284,  462,  523,  759,  1427. 
MacDonald,  38,  158,  722,  954,  961,  1330. 
McMillan   (Baldwin)   132,  523,  602,  1194. 
McMillan  (Wilcox)  523,  759,  966. 
Malone,  284,  305,  524,  966,  108v . 
Martin,  206,  236. 

Maxwell,  132,  244,  425,  980,  1473. 
Merrill,  38.  358,  1378. 
Miller  (Marengo)  131,  284,  602.  845,  1194. 


1820  INDEX. 

Miller  (WilcoxJ  284,  900,  1244. 
Moody,  268,  296,  641,  662,  1125. 
Morrisette,  150,  158,  180,  236,  509,  602,  722,  1125. 
Mulkey,  132,  437,  509,  966. 
NeSmith,  425    443. 
Norman,  980. 

Norwood,  206,  268,  358,  509,  624,  845,  1040,  1067,  1601. 
Gates,  980,  1330. 
O'Neal   (Lauderdale)   198,  1087. 
O'Neill  (Jefferson)  150,  267. 
Opp,  236,  322,  379,  624,  701,  1067,  1378. 
O'Rear,  284,  379,  641,  900. 
Palmer,  207,  961,  1378. 

Parker   (Cullman)   54,  150,  379,  774,  1087,  1244. 
Parker  (Elmore)  284,  900,  980,  1087,  1553. 
Pearce,  54,  93. 
Pettus,  79. 
Pillans,  759,  900. 

Pitts,  79,  900,  985,  1087,  1105,  1225,  1274,  1473. 
Porter,  131,  509,  863,  1330. 
Proctor,  150,  379,  543,  1040,  1473. 
Reese,  229,  284,  379,  938,  980.  985,  1274. 
Renfro,  54,  180,  207,  305,  378,  425,  462,  553,  722,  980. 
Reynolds  (Chilton)  79,  229,  523,  863,  900,  1105,  1170. 
Reynolds  (Henry)  131,  543,  722,  900,  980,  1289,  1352,  1639. 
Robinson,  267,  900. 
Rogers  (Sumter)  1244. 
Samford,  79,  150,  229,  543,  578,  602,  900,  1427. 

Sanders,  54,  229,  804. 

Searcy,  131,  296,  543,  624,  722,  759,  915. 

Selheimer,  236. 

Sentell,  180,  207,  404,  578,  900,  1007,' 1194,  1244,  1378. 

Sloan,  150,  722,  966,  1105. 

Smith  (Mobile)  1378. 

Smith  Mac.  A.,  198,  509,  774. 

Smith,  Morgan  M.,  207,  296,  404,  543.  750,  900,  1087,  1105, 
1225. 

Sollie,  79,  150,  229,  268,  296,  305,  379,  578.  602,  680,  701,  722, 
774,  1067,  1274. 

Sorrell,  150,  750,  106/.  ' 

Spears,  701. 


INDEX.  1821 

Spragins,  150,  379,  980. 

Stewart,  132,  150,  358,  624,  961,  991,  1170. 

Studdard,  236,  404,  624,  641,  915. 

Tayloe,  229,  641,  662,  680,  722,  750,  845,  985,  1170,  1244,  1553. 

Thompson,  93,  284,  553,  863,  938,  966,  1553. 

Vaughan,  207,  379,  443,  509,  722,  1067,  1553. 

Waddell,  54,  296,  358,  624,  863,  985,  1378. 

Walker,  52d,  543. 

Watts,  79. 

Weakley,  180,  268. 

Weatherly,  379,  680,  722,  845,  863,  900. 

White,  296,  985,  1244,  1639. 

Whiteside,  29u,  1244. 

Willett,  150,  358,  509,  524,  543,  1427,  1639. 

Williams  (Barbour)  1067,  1105. 

Williams  (Marengo)  132. 

Williams  (Elmore)  132,  180,  198,  358,  404,  509,  722,  900, 
1067,  1378,  1473,  1553. 

Wilson  (Clarke)  236,  543,  722. 

Wilson  (Washington)  180,  523,  1170. 

Winn,  150,  358,  641,  900,  1087. 
LEDBBTTER,   E.   W.,   4,   1780     1785. 

Ordinance    267,    to    continue    the    office    of    Examiner    of    Ac- 
counts,   174,    237. 
Ordinance   268,    providing  elections   of   probate   judges   every 

four   years,    175. 
Ordinance    451,    to    provide    an    additional    court    house    for 

Talladega   county,    1290,    1379. 
LEGISLATIVE    DEPARTMENT. 

Constitutional   provisions    (Sects.   44-111),   1671. 
LEGISLATIVE   DEl-ARTMBNT,   COMMITTEE   ON. 

Report  on  Local  Legislation,  by  committee  as  a  supplement 

to  report  6i  Committee  on  Local  Legislation,  405. 
Report  of  Committee  on,  465. 
Ordered   printed,   465. 
Article   proposed,    472. 
Minority    report,    484. 
Consideration  of  report,  779,  793,  828,  833,  849,  855,  886,  890, 

910,    917,    940. 
Reconsideration    of   sundry   sections   proposed,    783,    799,    801, 
805,   832,   859,    884,    892,    895,    910,    923,    936,   939,    102^. 


1822  INDEX. 

Engrossment  ordered,   942. 

Third    reading,    1009. 

Motion  to  taKe  Sec.  li   from  table,  1357,   1441. 
LEGISLATURE. 

Constitutional   provisions    (Sec.    44,   et  seq.),   1671. 
LEIGH,  NORVELLE  R.  JR.,  4,  1780,  1784. 
LIEUTENANT   GOVEROR. 

Constitutional    provisions,    1686,    1695. 
LITTLE,    JOHN    D. 

Privilege    of   floor   extended,    723. 
LIVINGSTON,    H.    A. 

Privilege  of  floor  extended,  1330. 
LOCAL    LEGISLATION. 

Constitutional   provisions    (Sees.   104-111),   1683. 
LOCAL    LEGISLATION,    COMMITTEE    ON. 

Report  of  Committee,  382. 

Article  reported,  385. 

Resolution  182,  to  make  report  special  order,  382,   388. 

Supplementary  report  by  committee  on  Legislative  Depart- 
ment, 405,  687,  720. 

Consideration  of  report,  664,  672.  684,  694,  713,  716,  740. 

Reconsideration  of  certain  sections  proposed,  682,  695,  697, 
702,  703,  717.  719. 

Engrossment  ordered,  742. 

Third  reading,  869. 

Referred  to  Committee  on  Order,  etc.,  872  .   . 
LOCKLIN,  LAWRENCE  W.,  4,  1780,  1783. 

Ordinance  119.  relates  to  qualification  of  electors,  115. 
LOMAX,   TENNENT,   4.   1780,   1783. 

Nomination  of  W.  F.  Herbert  as  assistant  secretary,  22. 

Resolution  declaring  sense  of  Convention  that  pledges  of 
Democratic  Convention  should  be  kept,  40. 

Motion  to  print  rules,  69. 

Ordinance  17,  to  limit  the  powers  of  political  or  municipal 
corporations  to  incur  debts  and  issue  bonds,  85. 

Ordinance  18.  limiting  the  powers  of  the  General  Assembly 
as  to  local  and  special- legislation,  86. 

Ordinance  19,  to  readopt  Sec.  7,  Art.  XI,  as  amended,  86. 

Ordinance  20,  to  readopt,  with  certain  changes,  therein  set 
out,  certain  sections  of  the  present  Constitution  in  refer- 
ence to  taxation,  86. 


INDEX.  182S 

Ordinance  21,  to  readopt  the  provisions  of  Art.  X,  Constitu- 
tion of  1875,  86. 

Ordinance  22,  relating  to  suffrage  and  elections,  86. 

Ordinance  333,  to  add  a  section  to  Art.  IV.  Constitution,  210. 

Ordinance  386.  relating  to  the  government  of  the  University, 
and  the  paj^ment  of  interest  on  the  University  fund,  306. 

Keport  of  Committee  on  Preamble  and  Declaration  of  Rights, 
359. 

Resolution  197.  to  pay  for  certain  stenographic  work,  463. 

Ordinance  429,  to  repeal  Sec.  5  of  Article  on  Legislative  De- 
partment heretofore  adopted,  908. 

Resolution   306,  to  withdraw  ordinance  429   from   committee, 
1353. 

Resolution  326,  to  allow  mileage  to  the  pages  of  the  Conven- 
tion, 1553. 

Resolution   338,  tenders   thanks   to  stenographers  of  Conven- 
tion, 1658. 
LONG,   T.   L.,   4,   1780,   1782. 

Minority  report  from  Committee  on  Corporations,  968. 
LONG,  F.  L.,  4,  1780,  1782. 

Resolution  to  provide  for  printing  500  copies  of  present  Con- 
stitution,   39. 

Resolution   86,   directing  cancellation   of  stenographic   report, 
137.  146,   181,   183,  x85. 

Ordinance  269,  to  amend  Sec.  6,  Art.  XL  Constitution,  175. 

Ordinance  270,  to  prescribe  the  qualification  of  electors,  etc., 
175. 

Resolution    121,    relating    to    payment    of    money    from    State 
treasury,  190. 

Ordinance  302,  to  amend  Sec.  12,  Art.  V,  Constitution,  192. 

Ordinance  356,   relates  to  Judicial  Department,   238. 

Question  of  privilege,  285,  297,  305,  1289,  1299. 

Resolution    147,    to   condemn    certain    editorial    utterances    of 
the  Montgomery  Advertiser,   286. 

Resolution  154,  to  consider  as  unwise  and  unwarranted  a  cer- 
tain editorial   in  the  Montgomery  Advertiser.   297. 

Ordinance  401,   relative  to  removing  Capitol  from  Montgom- 
ery.  427. 

Resolution  220,  to  repeal  resolution  184,  579. 

Resolution  233,  to  set  apart  certain  time  for  speeches  of  mem- 
bers: of  the  Convention,  671. 


1824  INDEX. 

Minority  report  from  Committee  on  Impeachments,  709. 

Resolution  239,  to  expedite  the  business  of  the  Convention, 
713. 

Resolution  250,  in  relation  to  the  pay  of  members,  889. 

Resolution  262,  relates  to  the  use  of  free  passes,  906. 

Resolution  280,  to  regulate  legislation,  1008. 

Resolution  288,  relating  to  service  of  the  Montgomery  Street 
Railway,  1147. 

Resolution  291,  relating  to  petitions  received  by  the  Conven- 
tion protesting  against  the  pass  evil,  1195. 

Ordinance  447,  to  require  Secretary  to  supply  each  member 
of  the  Convention  with  a  bound  copy  of  the  stenographic 
report,   1226. 

Resolution  297,  relating  to  election  of  Solicitors,  1290. 

Resolution  314,  relating  to  elections  of  Sheriffs,   1414,  1415. 

Resolution  322,  to  extend  for  two  years  the  terms  of  all  offi- 
cers whose  terms  of  office  expire  in  1904,  1473,  1602. 
X,OWE,  ROBERT  J.,    (Jefferson)   4,  1780,  1782. 

Resolution  110,  relating  to  time  of  holding  elections.  162. 

Ordinance  271,  to  prescribe  the  time  of  the  election  of  judges, 
175. 

Ordinance  272,  to  prescribe  the  terms  of  office  of  judges,  175. 

Ordinance  417,  to  amend  Sec.  13,  of  an  ordinance  on  Executive 
Department,   682. 

Ordinance  431,  concerning  the  qualifications  of  electors  and 
voters,  939. 

Motion  to  extend  privileges  of  floor  to  S.    J.    Bowie,  945. 

Protest  by,  999. 

Substitute  for  article  on  Suffrage  and  Elections,  1085,  1089. 
LOWE,  WM.  T.,  4,  1780,  1785. 
MACDONALD,   GORDON,   4,   1780,   1785. 

Ordinance  23,  to  amend  Sec.  22,  Art.  IV,  Constitution,  86. 

Ordinance  24,  to  amend  Sec.  19,  Art.  IV,  Constitution,  86. 

Ordinance  25,  to  amend  Art.  Vlii,  Constitution,  86. 

Ordinance  120,  to  amend  Sec.  7,  Art.  XI,  Constitution,  115. 

Ordinance  121,  to  amend  Sec.  3,  Art.  XIV,  Constitution,  115. 
HTcCLELLAN,   JUDGE   THOMAS  N. 

Convention  called  to  order  by,  3,  6. 

Oath  to  delegates  administered  by,  5. 

Presents  Hon.  John  B.  Knox  to  the  Convention,  and  relin- 
quishes the  Chair,  8. 


INDEX.  1825 

McDAVID,  ROBERT  P. 

Designated    as   temporary    Secretary    of   Convan.iOn,    3. 
McGAULY,  PAT. 

Elected  official  stenographer,  43-48. 
Resolution  of  thanks,  1658. 
McMillan,  B.  F.   (Baldwin),  4,  1780,  1784. 
McMillan,    lee    iWilcox),   4,   1780,   1785. 

Ordinance  122,  relates  to  the  formation  of  new  counties,  116. 
Ordinance  123,  relates  to  the  removal  of  county  sites,  116. 
Resolution  111,  relating  to  poll  tax  qualification  for  suffrage, 
162. 
MALONE,   GEORGE   H.,   4,   1780,   1783. 

Ordinance  26,  to  amend  Sec.  2,  Art.  II,  Constitution,  87. 
Resolution  70,  fixing  the  time  for  holding  general  elections, 

124. 
Objects  to  leaves  of  absence,  234. 
MARTIN,  J.  T.,  4,  1780,  1784. 
MANGHAN,  W.  H. 

Doorkeeper  of  the  gallery,  36. 
Resolution  of  thanks,  1659. 
MAXWELL,  J.  C,  4,  1780,  1783. 

Ordinance  124,  to  repeal  Sec.  S,  Art.  XI,  Constitution,  116. 
Ordinance  125,  to  amend  Sec.  1.  Art.  VII,  Constitution,  116. 
Ordinance  126,   to  create  office  of  Lieutenant  Governor,   116. 
Ordinance  127,  to  amend  Sec.   8,   Art.   IV,   Constitution,   117. 
MAY,  E.  L,.  1354,  1481. 

Proposition   .o  report  proceedings  of  the  Convention,   44. 
Ordinance  416,  for  relief  of,  643. 
MEMORIALS. 

J?  rom  Booker  T.  Washington,  109,  148. 

Alabama  Federation  of  Women's  Clubs,   147. 

Citizens  of  Shelby  County  in  opposition  to  ordinance  170, 

etc.,   165. 
Rev.  A.  F.  Owens  on  the  civil  and  political   rights  of  the 

negroes,    211. 
Sheriffs,  Clerks  and  Registers'  Association  of  Alabama,  465. 
MERRILL,  A.  H.,  4,  1780,  1783. 

Ordinance  128,  to  declare  the  status  of  married  women,  117. 
Ordinance    412,    relating   to    the   bonded    indebtedness   of   the 

State,  626,  737. 
Ordinance  428,  prohibits  free  passes,  908. 

115 


1826  INDEX. 

MESSENGERS,   36. 

MILITARY   RECORDS,   BANNERS   AND   RELICS. 

Constitutional   provisions,   1739. 
MILITIA. 

Constitutional  provisions,    (Sees.  131,  271,  278),  1694,  1738. 
MILITIA,  COMMITTEE  ON. 

Report  of  Committee,  909. 

Consideration  of  report.  1389. 

Engrossment  ordered,  1392. 

Third  reading,   1456. 
MILLER,  CHARLES  H.   (Marengo),  4,  1780,  1783. 

Ordinance  27,  to  regulate  State  and  county  boundaries,  87. 

Ordinance  347,  to  prevent  monopolies  in  school  books  or  arti 
cles  for  use  in  the  public  schools  of  the  State,  232. 

Minority  report  from  Committee  on  State  and  County  Boun- 
daries, 4.50. 
MILLER,  JOSEPH  N.    (Wilcox),  t,   17S0,  1783. 

Ordinance  129,  to  amend  Sec.  8,  Art.  IV,  Constitution,  117. 

Ordinance  303,  to  amend  Art.    vIII  of  Constitution,  192. 

Ordinance  326,  to  provide  for  the  election  of  County   Super- 
intendent of  Education,  etc.,  203. 
MISCEGENATION. 

Constitutional  provisions   (Sec.  102),  1682. 
MISCELLANEOUS  PROVISIONS 

Of  the  new  Constitution,  1740. 

See  also  Amending  the  Constitution. 
MOBILE  REGISTER. 

Resolution  of  thanks,  1429. 
MOBILE  PUBLIC  SCHOOLS. 

Constitutional    provisions,    1738. 
MONTGOMERY  ADVERTISER,  286,  297,  302,  305. 
MONTGOMERY,   CITY  OF,  1184,  1319,  1722. 
MOODY,  MILO,  4,  1780,  1784. 

Ordinance  304,  to  regulate  primary  elections,  192,  288. 

Minority  report  on  State  and  County  Boundaries,  450. 
MORGAN  COUNTY. 

•   Petition  from,  in  reference  to  special  tax,  299. 
MORGAN,  SENATOR  JOHN  T. 

Privileges  of  floor  extended,  42. 


INDEX.  1827 

MORRISETTE,  E.  R.,  4,   1780,   1782. 

Ordinance  245,  to  amend  Art.  VIII,  Constitution,  172. 

Resolution  194,  to  reduce  fertilizer  tax,  445,  974,  1144. 
MULKEY,  W.   O.,   4,   1780,   1784. 

Ordinance  28,  to  amend  Sec.  26,  Art.  V,  Constitution,  87. 

Ordinance  305,  to  amend  Sec.  1,  Art.  X,  Constitution,  192. 

Ordinance  306,  to  amend  Sec.  7,  Art.  X,  Constitution,  192. 

Ordinance  402,  to  amend  Sec.  2,  Art.  X,  Constitution,  445. 
MUNICIPAL   CORPORATIONS. 

Constitutional  provisions,    (Sees.  68,  91,  220.  228),  1676,  1680, 
1724. 
MUNICIPAL  CORPORATIONS.   COMMITTEE  ON. 

Report  from  Committee,  194,  198. 

Consideration   of  postponed,   198. 

Report  from   Committee  on,   407. 

Article  proposed,  407. 

Minority  report,  413. 

Consideration  of  report,  1159,  1162,  1175,  1183,  1212. 

Reconsideration  of  sundry  sections  proposed,  1164,  1179,  1185, 
1190,  1210,  1212,  1216,  1286. 

Engrossment  ordered,  1213,  1216,  1286. 

Third  reading,   1316. 
MUNICIPAL   FRANCHISES. 

Constitutional  provisions,   1727. 
MURPHREE.   JOEL  D.,   4,  1780,   1785. 

Permitted   to   select   seat,    29. 

Ordinance  29,  to  amend  Sec.  2,  Art.  XVII,  Constitution,   87. 

Ordinance  30.  to  amend   Sec.   5,  Art.  XIII,   Constitution.   87. 

Ordinance  31,  to  amend  Sec.  5.  Art.  IV,  Constitution,  87. 

Ordinance  32,  to  amend   Sec.  2.   Art.  X,  Constitution,   87. 

Ordinance  131,  to  amend  Sec.  47,  Art.  IV,  Constitution,  117. 

Ordinance  132,  to  amend  Sec.  23,  Art.  XIV,  Constitution,  117. 

Ordinance  133,  to  amend  Art.  XIV,  Constitution,  117. 

Ordinance  134,  to  amend  Sec.  5,  Art.  V,  Constitution,  117. 

Ordinance  30/,  to  amend  Sec.  7,  Art.   I,  Constitution,   192. 

Ordinance   308,    to   prevent  the   collection   of   more    than    the 
legal  rate  of  interest,  193. 

Ordinance  387,  authorizing  the  reduction  of  the  expense  of  ad- 
ministering small  estates,  306. 

Ordinance  457,  providing  for  support  of  indigent  Confederate 
soldiers  and  indigent  widows  of  Confederate  soldiers,  1381. 

Question  of  privilege,  1470. 


1828  INDEX. 

NAVAL  MILITIA. 

Constitutional    provisions,    1738. 
NEGRO  RACE,  1357,  1428,  1441,  1477. 

Memorial  from  Booker  T.  Washington  in  behalf  of,  109,  148. 

Ordinance  152,  to  disfranchise,  120. 

Resolution  as  to  education  of,  159. 

Resolution   108,   relating  to  disfranchisement,   161. 

Memorial  from  Rev.  A.  F.  Owens  as  to,  211. 

Petition  as  to,  from  Willis  E.  Steers.  308. 

Ordinance   453,    providing    for    the    registration     of     colored 
electors,  1333. 
NebMITH,  C.  C,  5,  1780,  1785. 

Ordinance  135,  to  amend  Art.  IV,  Constitution,  118. 

Ordinance  334,  to  amend  Art.  VIII,  Constitution,  210. 

Resolution  167,  to  appoint  committee  to  prepare  an   address 
to  the  people  ixpon  the  new  (;onstitution,  323. 
NEW   DECATUR,   TOWN   OF,   1184,   1C18,   1723,   1726. 
MILLER,   B.   S. 

Privilege  of  floor  extended,  723. 
MORMaN,   J.   D.,   4,   1780,   1784. 
NORWOOD,  JOSEPH,  4,  1780.  1785. 
OATES,   WM.  C,   4,   1780,   178z. 

Resolution  to  appoint  committee  to  report  on  advisability  of 
contracting  with  a  stenographer,  23. 

±  ermitted  to  select  seat,  29 . 

Resolution  to  appoint  standing  committees,  32. 

Motion  to  extend  privileges  of  floor  to  Senator  Pettus,  42. 

Majority  report  on  stenographic  report,  43. 

Ordinance    33,    proposition    of    Senator    John    T.    Morgan    for 
elective  franchise  of  the  Constitution,  87. 

Ordinance  136,  to  amend  Art.  XI,  Constitution,  118. 

Ordinance  137,  to  amend  Sees.  1  and  2,  Art.  IV,  Constitution, 
118. 

Ordinance  138,   to  preserve  the  purity  of  the  ballot,   118. 

Ordinance  139,  for  the  abolition  of  the  Chancery  Court,  118. 

ordinance  140,  relating  to  removal  of  Attorney  General,  118. 

Ordinance    141,    proposing   certain    prohibitions    and    restrict- 
ions upon  the  power  of  the  Legislature,  118. 

Ordinanee  142,  to  regulate  and   define  the  powers  of  legisla- 
tion, 118, 


INDEX.  1829 

Resolution  82,  declaring  that  present  Constitution  shall  be 
the  basis  for  action  by  the  Convention,  128,  133. 

Ordinance  196,  to  amend  Sec.  1,  Art.  XVI,  Constitution,  144. 

Ordinance   197,   to  amend   Sec.  6,  Art.  V,  Constitution,   144. 

Objects  to  leaves  of  absence,  150. 

Ordinance  274,  to  amend  Art.  VIII,  Constitution,  175. 

Ordinance  275,  to  improve  the  Judicial  system  of  the  State, 
175. 

Resolution  129,  to  authorize  Committee  •n  Legislative  De- 
partment to  employ  a  clerk,  202. 

Ordinance  364,  to  prevent  an  increase  of  State  debt,  and  to 
regulate  temporary  loans,  239. 

Ordinance  365,  to  provide  for  refunding  the  bonded  debt  of 
the  State,  and  for  improving  the  Capitol  building  and 
grounds,  239. 

Ordinance  378,  prescribing  the  number  of  grand  jurors,  and 
for  the  suppression  of  crime,  298. 

Resolution  168,  relates  to  binding  laws  of  the  General  As- 
sembly, 323,  545. 

Supplementary  report  to  the  report  of  the  Committee  on 
Local  Legislation,  405. 

Report  of  Committee  on  Legislative  Department,  465. 

Resolution  244,  to  require  pairs  to  be  in  writing,  751. 

Special  report  on  resolution  194,  974. 

Minority  report  from  Committee  on  Suffrage  and  Elections, 
537,   992. 

Motion  to  extend  privileges  of  floor  to  Louis  W.  Turpin,  1115. 

Ordinance  462,  to  provide  for  a  separate  vote  on  the  "grand- 
father clause",  1556. 

Resolution  333,  relative  to  securing  a  fair  and  honest  election 
on  the  question  of  ratification  of  the  Constitution,  1643, 
OATH  OF  OFFICE. 

Constitutional  provision   (Sec.  279),  1739. 
OATH  TO  DELEGATES, 

Administered  by  Chief  Justice  Thomas  N.  McClellan,  5. 
OATH  TO  OFFICERS. 

Administered  by  President  of  the  Convention,  23. 
OFFICERS  OF  CONVENTION,   18,   22,  23,   1658. 

Lists  of,  1777. 
OFFICIALS,  STATE. 

Constitutional  provisions,   1686,   1695. 


1830  INDEX. 

O'NEAL,   EMMET,   4,   1780,  1782. 

Resolution  to  extend  privileges  of  floor  to  Gen.  Joseph  Wheel- 
er, 31. 

Ordinance  34,  to  amend  Sec.  1,  Art.  XII,  Constitution,  88. 

Ordinance  35,  to  provide  who  shall  be  eligible  to  hold  office 
under  the  Constitution  and  laws  of  Alabama,  88. 

Ordinance  143, limiting  terms  of  municipal  grants  of  fran- 
chise, 119. 

Ordinance  144,  to  amend  certain  sections  of  Art.  XI,  Con- 
stitution,   119. 

Ordinance  145,  to  amend  Sec.  5,  Art.  XI,  Constitution,  119. 

Ordinance  146.  to  amend  Art.  XIII,  Constitution,  119. 

Resolution  71,  to  adopt  the  present  Constitution,  etc.,  125, 
133,  134,   135,   154. 

Resolution  151,  declaring  sense  of  Convention  as  to  salary  of 
Governor,   287,   351,   372. 

Ordinance  377,  to  amend  Sec.  21,  Art.  IV,  Constitution,  298. 

Resolution  157,  to  extend  privileges  of  floor  only  by  unani- 
mous vote,  301. 

Resolution  S94,  to  amend  Sec.  24,  Art.  1,  Constitution,  371. 

Resolution  182,  to  make  report  of  Committee  on  Local  Legis- 
lation special  order,  382. 

Report  of  Committee  on  Local  Legislation,  382. 

Resolution  221,  to  adjourn  for  the  Fourth  of  July,  599. 

Resolution  226,  to  place  two  additional  fans  in  the  hall,  625. 

Question  of  privilege,  702,   738,   1225,   1289. 

Resolution  277,  to  appoint  special  committee  to  ascertain 
cause  of  delay  and  confusion  in  delivery  and  distribution 
of  mails,  100  <  . 

Appointed   chairman   under   resolution,    1007. 
O'NEILL,  JOHN  W..  4,  1780,  1784. 

Motion  to  amend  resolution  extending  privileges  of  floor,  42. 

Ordinance  297,  to  limit  the  power  of  city  or  town  to  incur 
debt  or  issue  bonds,  191. 

Ordinance  348,  to  amend  Sec.  1,  Art.  XI,  Constitution,  233. 

Ordinance  357,  to  amend  Sec.  1,  Art.  XI,  Constitution,  238. 

Ordinance  358,  to  amend  Sec.  1,  Art.  XI,  Constitution,  238. 

Ordinance  359,  to  amend  Art.  V,  Constitution,  238. 

Ordinance  389,  to  relieve  agents  of  firms  or  corporations  in 
this  State  of  license  tax  not  charged  outside  the  State  to 


INDEX.  1831 

agents  of  firms  or  corporations  doing  business  in  Alabama, 
325. 
Ordinance  397,   to  allow  electors  to  express  their  preference 

as  to  United  States  Senators,  405. 
Resolution  269,  to  provide  that  electors  may  express  by  bal- 
lot their  choice  for  United  States  Senators,  954. 
OPP.  HENRY,  4,  1780,  1784. 

Minority  report  from  Committee  on  Education,  731. 
Question  of  privilege,  1275. 

Resolution    308,    to   extend    privileges    of   the    floor   to    D.    M. 
Powell,  1355. 
ORDER,  CONSISTENCY  AND  HARMONY  OF  THE  WHOLE  CON- 
STITUTION,  COMMITTEE   ON. 
Allowed  to  sit  during  session,  1210,  1289. 
Rule  52,  amended  as  to,  1396,  1448,  1483. 
Ordinance  459,  to  pay  for  printing  report  of,  1480,  1636. 
Report    of    Committee    on    the    Whole    Constitution,    read    at 

length,  1484. 
Consideration  of  report,  1493,  1519,1523,  1534,  1549,  1557,  1558, 

1578,  1612,  1649. 
Supplemental  report,  1524. 
Special  report  on  ordinance  412,  1651. 
Reconsideration,   1539,    1551,    1557. 
Report  on  resomtion  326,  1577. 
Special  report  on  Impeachments,  1622. 
Constitution  adopted  as  a  whole,  1634. 
Special    report,   1647,   1650. 
ORDINANCES    (Numerically  arranged). 

No.  1,  to  amend  Sec.  3,  Art.  II,  Constitution,  75. 

No.   2,  to  amend   Sec.   1,  Art.  XII,  Constitution,  75. 

No.  3,  to  amend  Sec.  23,  Art.  XIV,  Constitution,  76. 

No.  4,  to  amend  Sec.  2,  Art.  XIII,  Constitution,  76. 

No.  5,  to  prohibit  vagrants  from  voting  in  this  State.  77. 

No.  6,  to  amend  Sec.  2,  Art.  XI,  Constitution,  84. 

No.  7,  to  amend  Sec.  2,  Art.   II,  Constitution,  84. 

No.  8,  to  regulate  the  veto  power  of  the  Governor,  84. 

No.  9,  to  prohibit  increase  of  salary  or  fees  of  public  officers 

during  term,  84. 
No.  10,  to  provide  for  the  election  of  Lieutenant  Governor,  85. 
No.  11,  to  amend  Art.  VIII,  Constitution,  85. 


1832  INDEX. 

No.  12,  to  amend  Sec.  1,  Art.  VII,  Constitution,  85. 

No.  13,  to  amend  Sec.  5,  Art.  V,  Constitution,  85. 

No.  14,  to  amend  Sees.  5,  6,  18,  23,  Art.  VI,  Constitution,  85. 

No.  15,  to  regulate  terms  of  officials,  85. 

No.  16,  to  regulate  exemptions,  85. 

No.  17,  to  limit  the  powers  of  political  and  municipal  corpora- 
tions to  incur  debts  and  issue  bonds,  85. 

No.  18,  to  limit  the  powers  of  the  General  Assembly  as  to  local 
and  special  legislation,  86. 

No.  19,  to  readopt  Sec.  7,  Art.  XI,  as  amended,  86. 

No.  20,  to  readopt  certain  sections  of  present  Constitution 
as  to  taxation,  86. 

No.  21,  to  readopt  provisions  of  Art.  X  of  Constitution  of  1875 
relating  to  exemptions,  86. 

No.  22,  to  regulate  suffrage  and  elections.  86. 

No.  23,  to  amend  Sec.  22,  Art.  IV,  Constitution.  86. 

No.  24,  to  amend  Sec.  19,  Art.  IV,  Constitution,  86. 

No.  25,  to  amend  Art.  VIII,  Constitution,  86. 

No.  26,  to  amend  Sec.  2,  Art.  II,  Constitution,  87. 

No.  27,  to  regulate  State  and  County  Boundaries,  87. 

No.  28,  to  amend  Sec.  26,  Art.  V,  Constitution,  87. 

No.  29,  to  amend  Sec.  2,  Art.  XVII,  Constitution,  87. 

No.  30,  to  amend  Sec.  5,  Art.  XIII,  Constitution,  87. 

No.  31,  to  amend  Sec.  5,  Art.  IV,  Constitution,  87. 

No.  32,  to  amend  Sec.  2,  Art.  X,  Constitution,  87. 

No.  33,  to  submit  proposition  of  Senator  John  T.  Morgan  for 
elective  franchise  of  the  Constitution,   87. 

No.  34,  to  amend   Sec.   1,  Art.  XII,  Constitution,   88. 

No.  35,  to  provide  who  shall  be  eligible  to  hold  office  under  the 
Constitution  and  laws  of  Alabama,  88. 

No.  36,  to  define  county  boundaries,  88. 

No.  37,  to  amend  Sec.  2,  Art.  II,  Constitution,  88. 

No.  38,  to  amend  Art.  I,  Declaration  of  Rights,  relating  to 
prohibition   of  flogging  convicts,   88. 

No.  39,  to  amend  Sec.  1,  Art.  XIII,  Constitution,  88. 

No.  40,  to  restrict  the  issuance  of  bonds  by  municipal  cor- 
porations, 88. 

No.  41,  to  provide  for  the  deposit  of  State  funds  in  State 
banks,  88. 

No.  42,  to  amend  Sec.  1,  Art.  X,  Constitution,  89. 

No.  43,  to  amend  Sec.  2,  Art.  X,  Constitution,  89. 


INDEX.  1833 

No.  44,  to  amend  Sec.  3,  Art.  X,  Constitution,  89. 

No.  45,  to  prohibit  a  sentence  for  contempt  of  court,  etc., 
without  a  trial  by  jury,  89,  93. 

No.  46,  to  establish  Executive  Department  of  Alabama,   89. 

iNO.  47,  to  amend  Sec.  5,  Art.  IV,  Constitution,  89. 

No.  48,  to  amend  Sec.  1.  Art.  Xlll,  Constitution,  89. 

No.  49,  to  amend  Sec.  2,  Art.  XI,  Constitution,  89. 

No.  50,  to  amend  Sec.  3,  Art.  VIII,  of  present  Constitution,  90. 

No.  51,  to  amend  Sec.  8,  Art.  XIII  of  present  Constitution,  90. 

No.  52,  to  reguiate  the  mode  of  compensating  the  clerk  of  the 
Supreme  Court,  90. 

No.  53,  to  amend  Art.  XVII  of  present  Constitution,  90. 

No.  54,  to  amend  Sec.  23,  Art.  I\^,  present  Constitution.  90. 

No.  55,  relating  to  suffrage  and  election,  90. 

No.  56,  to  fix  qualifications  of  Superintendent  Education,  90. 

i>JO.  57,  to  abolish  Justices  of  Peace  offices  in  towns,  villages 
and  cities,  90. 

No.  58,  to  define  qualifications  of  voters  in  primary  elections, 
90. 

No.  59,  to  amend  Sec.  5,  Art.  II,  Constitution,  101. 

No.  60,  to  provide  for  working  the  public  roads  of  the  State, 
101. 

No.  61,  regulates  gathering  and  marketing  of  farm  products, 
101. 

No.  62,  to  amend  Art.  I,  Sec.  1.  Constitution,  101. 

No.  63,  to  amend  Sec.  7,  Art.  XI,  Constitution,  101. 

No.  64,  to  amena  bee.  12,  Art.  I,  Bill  of  Rights  of  Constitu- 
tion, 101. 

No.  65,  to  prohibit  bribery  or  fraud  by  candidates  for  office, 
or  violation  of  election  law,   102. 

No.  66,  prohibiting  persons  who  practice  fraud  in  elections 
from  voting,  102. 

No.  67,  providing  for  filling  of  vacancies  that  may  occur  in 
county  offices,  102. 

No.  68,  providing  for  Superintendent  of  Education  in  coun- 
ties, specifying  qualifications  and  manner  of  selection,  102. 

No.  69,  to  amend  Art.  XIV,  Sec.  1,  Constitution,  102. 

No.  70,  to  amend  Art.  I,  Sec.  12,  Constitution,  102. 

No.  71,  to  amend  Art.  I,  Sec.  23,  Constitution,  102. 

No.  72,  to  amend  Art.  XIV,  Sec.  10,  Constitution,  103. 

No.  73,  to  amend  Sec.  7,  Art.  XI,  Constitution,  103. 


1834  INDEX. 

No.  74,  to  revise  and  amend  Art.  XIII  of  present  Constitu- 
tion, 103. 

No.  75,  to  exempt  veterans  of  the  Civil  War  from  payment  of 
licenses,  etc.,  103. 

No.  76,  to  add  additional  section  to  Art.  VIII  of  Constitution 
on  Suffrage  and  Elections,  103. 

No.  77,  to  amend  Sec.  I,  Art.  XIII,  Constitution,  103. 

No.  78,  to  regulate  the  granting  of  franchises  by  municipal 
corporations,  103,  195,  198. 

No.  79,  to  amend  Sec.  24,  Art.  IV,  of  present  Constitution,  103. 

No.  80,  to  maKe  the  pay  of  public  school  teachers  a  preferred 
claim,  103. 

No.  81,  to  amend  Art.  1  of  Constitution  relating  to  Declara- 
tion of  Rights,  104. 

No.  82,  to  amend  ^ec.  5,  Art.    v.  Constitution,  104. 

No.  83,  to  amend  Sec.  4,  Art.  IV,  Constitution,  104. 

No.  84,  to  amend  Sec.  2,  Art.  II,  Constitution,  104. 

No.  85,  repealing  paragraph  35  of  Declaration  of  Rights,  104. 

No.  86,  relating  to  State  University,  104. 

No.  87,  concerning  the  rights  of  citizens  to  bear  arms,  104. 

No.  88,  to  repeal  Sec.  38  of  present  Bill  of  Rights,  104. 

No.  89,  to  amend  Sec.  7,  Art.  XI,  present  Constitution,  104. 

No.  90,  to  define  general  laws,  105. 

No.  91,  to  amend  Sec.  1,  Art.  VIII,  Constitution,  105. 

No.  92,  to  amend  Sec.  y,  Art.  XIII,  Constitution,  105. 

No.  93,  to  further  restrict  the  powers  of  the  General  Assem- 
bly, 105. 

No.  94,  to  amend  Sec.  12,  Art.   I,  Constitution,  105. 

No.  95,  to  amend  Sec.  1,  Art.  XIII,  Constitution,  105. 

No.  96,  to  amend  Sec.  1,  Art.  V,  Constitution,  105. 

No.  97,  to  amend  Sees.  23  and  24,  Art.  IV,  Constitution,  106. 

No.  9-8,  to  amend  Sec.  25,  Art.  VI,  Constitution,  106. 

No.  99,  to  amend  Sec.  2,  Art.  1.  Constitution,  106. 

No.  100,  to  amend  Art.  13  of  Constitution  of  1875,  106. 

No.  101,  providing  for  reduction  of  taxation  in  certain  con- 
tingencies, 106. 

No.  102,  to  confirm  and  ratify  Sec.  12,  Art.  1.  Constitution,  106. 

No.  103.  to  amend  Sec.  24.  Art.  IV,  Constitution,  106. 

No.  104,  to  regulate  mileage  and  per  diem  of  members  of 
General  Assembly,  106. 

No.  105,  to  require  salaries  of  judges  to  be  paid  by  the  State, 
107. 


INDEX.  1835 

No.  106,  to  readopt  Sec.  10,  Art.  .^III,  of  Constitution  of  1875 
relating  to  the  removal  of  the  State  University  or  the  Agri- 
cultural and  Mechanical  College,  113. 

No.  107,  to  amend  Sees.  9  and  10,  Art.  XIII,  Constitution,  114. 

No.  108,  to  amend  Sec.  21,  Art.  VI,  114. 

No.  109,  to  amend  Sec.  14.  Art.  V,  Constitution,  114. 

No.  110,  to  provide  for  safe  and  productive  use  of  surplus  pub- 
lic funds  in  the  Treasury,  114. 

No.  Ill,  to  amend  Art.  IX  of  Constitution,  114. 

No.  112,  to  amend  Sees,  3,  5  and  9  of  Art.  IV,  Constitution,  114. 

No.  113,  to  amend  Sec.  2,  Art.  II,  Constitution,  114. 

No.  114,  to  establish  a  Railroad  Commission  for  Alabama,  114. 

No.  115,  to  amend   Sec.  6.  Art.   IV,  Constitution,  115. 

No.  116,  regulating  payment  of  mileage  to  public  servants,  115. 

No.  117,  to  amend  Sec.  u,  Art.   Iv,  present  Constitution,   115. 

No.  118,  to  amend  Sec.  16,  Art.  V,  present  Constitution,  115. 

No.  119,  specifying  qualifications  of  electors,  115. 

No.  120,  to  amend  Sec.  7,  Art.  XI,  Constitution,  115. 

No.  121,  to  amend  See.  3,  Art.  XIV,  Constitution,  115. 

No.  122,  relating  to  the  formation  of  new  counties,  116. 

No.  123,  relating  to  the  removal  of  county  sites,  116. 

No.  124,  to  repeal  See.  8,  Art.  XI,  Constitution,  116. 

No.  125,  to  amend  Sec.  1,  Art.  VII,  Constitution,  116. 

No.   126,  to  create  the  office  of  Lieutenant  Governor  of  Ala- 
bama, and  to  define  qualifications  and  duties  of  such  office, 
116. 
No.  127,  to  amend  Sec.  8,  Art.  IV,  Constitution,  11  j. 

No.  128,  to  declare  the  status  of  married  women,  117. 

No.  129,  to  amend  Sec.  8,  Art.  IV,  Constitution,  117. 

No.  130,  to  alter  and  amend  Art.  XIII,  Constitution,  117. 

No.  131,  amending  Sec.  47,  Art.  IV,  Constitution,  117. 

No.  132,  amending  Sec.  23,  Art.  XIV,  Constitution,  117. 

No.  133,  addition  to  Art.  XIV,  Constitution,  117. 

No.  134,  amending  Sec.  5.  Art.  V,  Constitution,  117. 

No.  135,  to  amend  Art.  IV  of  Constitution,  118. 

No.  136,  to  amend  Art.  XI  of  Constitution,  118. 

No.  137,  to  amend  Art.  IV,  Sees.  1  and  2,  Constitution,  118. 

No.  138,  to  preserve  and  purify  the  ballot,  118. 

No.  139,  for  the  abolition  of  the  Chancery  Court,  118. 

No.  140,  to  authorize  the  Governor,  with  advice  and  consent 


1836  INDEX. 

of  Senate,  to  appoint  and  remove  for  cause  the  Attorney 
General,  118. 

No.  141,  proposing  certain  prohioitions  and  restrictions  upon 
power    of    Legislature,    118. 

No.  142,  to  regu.ate  and  define  powers  oi  legislation,  touching 
local  and  special  laws,  118. 

No.  143,  regulating  municipal  power  in  making  and  granting 
franchises,  contracts,  etc.,  119. 

No.  144,  to  amend  Sections  of  Art.  XI,  Constitution,  119. 

No.  145,  to  amend  Sec.  5,  Art.  XI,  Constitution,  il9. 

No.  146,  to  amend  Art.  XIII,  Constitution,  119. 

No.  147.  to  regulate,  powers  of  corporations.  119. 

No.  148,  to  prohibit  the  State  from  engaging  in  certain  busi- 
ness, 119. 

No.  149,  to  provide  for  jury  trials  in  certain  cases.  119. 

No.  150,  to  amend  Art.  II,  Constitution,  by  adding  Sec.  3,  119. 

No.  151,  to  amend  Sec.  4,  Art.  XI,  of  present  Constitution,  120. 

No.  152,  to  disfranchise  negroes  and  persons  of  African  de- 
scent in  Alabama,  120. 

No.  153,  to  amend  Art.  VI,  Constitution,  120. 

No.  154,  to  amend  Art.  V.  Sec.  12,  Constitution,  120. 

No.  155,  to  provide  for  election  of  Railroad  Commissioners,  120. 

No.  156,  to  constitute  a  part  of  Art.  V  of  Constitution,  120. 

No.  157,  to  amend  Sees.  1  and  2,  and  make  a  new  sections  for 
Art.  VI,  120. 

x>o.  158,  to  amend  Sees.  12,  13,  15,  25,  26,  Art.  V,  120. 

No.  159,  to  amend  Sees.  13,  15,  17,  27,  31,  39,  52,  56,  Art.  IV, 
and  to  add  a  section  to  said  article,  121. 

No.  160,  to  amend  Sec.  32,  Art.  IV,  Constitution,  121. 

No.  161,  to  amend  Sec.  6,  Art.  XIII,  Constitution,  121. 

No.  162,  to  provide  .or  the  distr.Dution  of  school  funds,  121. 

No.  163,  to  amend  Art.  VIII  of  Constitution,  140. 

No.  164,  to  amend  Sec.  54,  Art.  IV,  140. 

No.  165,  to  prohibit  the  General  Assembly  from  abolishing 
the  military  system  of  education  in  the  University  and  in 
the  Alabama  Polytechnic  Institute,  140. 

No.  166,  to  amend  Sec.  2,  Art.  I,  Constitution,  140. 

No.  167,  to  amend  Sec.  29,  Art.  IV,  Constitution,  140. 

No.  168,  to  amend  Sec.  13,  Art.  V,  Constitution,  140. 

No.  169,  to  amend  Sec.  2,  Art.  X,  present  Constitution,  141. 

No.  170.  to  declare  null  and  void  the  act  of  March  5,  1901,  141. 


INDEX.  1837 

No.  171,  to  fix  the  salary  of  Governor,  141. 

No.  172,  to  amend  Sec.  7,  Art.  X,  Constitution,  141. 

No.    173,   to   exempt  cotton   manufactories    from    taxation    for 

ten  years,   141. 
No.  174,  relating  to  qualifications  of  voters  and  officeholders, 

141. 
No.  175,  to  amend  Sec.  38,  Art.  I,  Constitution,  141. 
No.  176,  to  confer  the  right  of  suffrage  on  certain  people,  142. 
No.  177,  to  amend  suffrage  clause  of  Constitution,  142. 
No.   178,  regulating  appropriations  by  the  General   Assembly, 

142. 
ino.    179,    relating  to  the   revenue   raising   committees   of   the 

Legislature,   142. 
No.  180,  to  amend  Sec.  10,  Art.  VI,  Constitution,  142. 
No.  181,  to  amend  Sec.  27,  Art.  I  v^.  Constitution,  142. 

No.    182,   to   add    additional   section   to   the    Declaration    of 

Rights,  142. 
No.  183,  to  regulate  the  organization  and  classification  of 

cities  and  towns,  142,  194,  414. 
No.  184,  to  fix  the  term  of  office  of  the  Chief  Justice  and 
Associate  Justices  of  the  Supreme  Court  of  Alabama,  143. 
No.  18.5,  to  amend  Sec.  17,  Art.  VI,  Constitution,  143. 
No.  186,  to  provide  for  the  organization,  classification  and 
government    of    villages,    tovi^ns    and    cities    of    Alabama, 
143,  195,  414. 
No.  187,  to  permit  municipalities  in  the  State  of  Alabama, 
having  more  than   2,000   inhabitants,   to  establish   muni- 
cipal courts.  143,  230. 
No.   188,   to   limit  the   indebtedness   of   the   municipal   cor- 
porations of  Alabama,  143. 
No.    189,    providing    for    levying   and    collecting    municipal 

taxes,  143. 
No.  190,  to  amend  Art.  II,  Sec.  7,  Constitution,  143. 
No.  191,  to  amend,  alter  and  change  Art.  II  .Sees.  1  and  2. 

of  Constitution  of  Alabama  of  1875,  143. 
No.  192.  to  repeal  Sec.  38,  Art.  I,  of  present  Constitution, 

144. 
No.  193,  to  amend  Sec.  56,  Art.  IV,  Constitution,  144. 
No.  194,  to  require  all  officers,  authorized  by  this  Constitu- 
tion,  to  be  elected  by  the  people,   144. 


1838  INDEX. 

No.  195,  for  the  protection  of  creditors  of  corporations,  144. 

No.  196,  to  amend  Sec.  1,  Art.  XVI,  Constitution,  144. 

No.  197,  to  amend  Sec.  6,  Art.  V,  Constitution,  144. 

No.  198,  to  authorize  railroad  companies  to  exercise  power 
of  eminent  domain,  144. 

No.  199,  to  define  powers  of  married  women  to  contract, 
145. 

No.  200,  to  regulate  the  establishing  of  stock  law,  145. 

No.  201,  to  prohibit  any  change  in  Preamble  and  Art.  I,  in 
Constitution,  145. 

No.  202,  to  amend  Sec.  9,  Art.  VI,  Constitution,  145. 

No.  203,  a  substitute  for  Sec.  7,  Art.  V,  145. 

No.  204,  to  amend  Sec.  25,  Art.  VI,  145. 

No.  205,  stipulating  election  of  all  officers  by  vote  of  the' 
qualified  electors,  145. 

No.  206,  to  establish  courts  of  County  Commissioners  in 
the  several  counties  and  authorize  the  Legislature  to 
confer  powers  of  local  legislation  and  administration  on 
same,  153. 

No.  207,  amending  Sec.  29,  Art.  VI.  Constitution,  153. 

No.  208,  to.  amend  Sec.  1,  Art.  VIII.  Constitution,  153. 

No.  209,  to  regulate  suffrage  and  elections  in  the  State,  153. 

No.  210,  to  amend  Preamble  of  Constitution.  153. 

No.  211,  to  amend  Sec.  5,  Art.  XIII,  Constitution,  153. 

No.  212,  to  amend  Sec.  1,  Art.  XI,  Constitution,  153. 

No.  213,  to  amend  Sees.  5  and  7,  Art.  XI  of  Constitution, 
154. 

No.  214,  regulating  the  right  to  vote,  154. 

No.  215,  to  provide  for  the  election  of  the  officers  of  the 
State  by  the  people,  168. 

No.  216,  to  amend  Sec.  35,  Art.  I,  Constitution,  168. 

No.  217,  10  limit  the  authority  of  the  proper  officials,  re- 
garding the  issuance  of  marriage  licenses  to  females 
i  under  the  age  of  16  years,  168. 

No.  218,  to  regulate  the  establishment  of  charitable,  educa- 
tional or  agricultural   institutions,   169. 

No.  219,  to  prohibit  the  fixing  of  prices  or  hours  of  labor- 
"ers,  169. 

No.  220,  to  amend  Sec.  3,  Art.  VIII,  Constitution.  169. 

No.  221,  to  amend  Sec.  1,  Art.  I"V,'  Constitution,  169. 


INDEX.  1839 

No.  222,  to  amend  Sec.  1,  Art.  VI,  present  Constitution,  169. 

No.  223,  to  regulate  the  amount  of  money  which  may  be 
expended  by  the  State  for  the  support  of  the  State  in.- 
stitutions  of  learning,  169. 

No.  224,  10  regulate  the  establishment  of  stock  law  dis- 
tricts. 169. 

No.  225.  amending  Sec.  25,  Art.  VI,  169. 

No.  226,  to  amend  Sec.  31,  Art.  IV,  Constitution,  169. 

No.  227,  to  amend  Art.  IV,  Constitution,  170. 

No.  228,  to  amend  Art.  IV,  Constitution.  170. 

No.  229,  to  encourage  emigration  to  the  State,  170. 

No.  230,  to  amend  Sec.  1,  Art.  XIII,  Constitution,  170. 

No.  231.  to  regulate  apportionment  and  appropriation  of 
the  school   funds,   170. 

No.  232,  to  regulate  the  representation  of  the  counties  in 
the   State,   170. 

No.  233,  to  amend  the  Constitution  by  adding  one  addition- 
al  article,   170. 

No.  234,  to  amend  Sees.  1  and  2.  Art.  1,  Constitution,  170. 

No.  235,  to  amend  Sec.  1,  Art.  X,  Constitution.  171. 

No.  236,  to  amend  Sec.  15,  Art.  VI,  Constitution,  171. 

No.  237,  to  prescribe  the  mode  and  manner  in  and  by 
which  the  Governor  may  exercise  the  appointing  power 
to  office,  171. 

No.   238,  to  regulate  suffrage.   171. 

No.  239,  to  fill  vacancies  in  county  offices  by  the  court  of 
County  Commissioners,  171. 

No.  240,  to  dispense  with  the  necessity  of  indictment  in 
certain  felony  cases,  171. 

No.  241,  to  amend  Sec.  5,  Art.  IV,  Constitution,  171. 

No.  242,  to  amend  Sec.  5,  Art.  XI,  Constitution,  171. 

No.  243,  to  amend  Sec.  5,  Art.  XI.  Constitution,  172. 

No.  244,  as  to  the  banking  or  depository;   State  funds,  172. 

No.  245,  to  amend  Art.  VIII,  Constitution,  172. 

No.  246,  to  amend  Sees.  4  and  5,  Art.  XI,  Constitution,  172. 

No.  247,  to  provide  ror  the  payment  of  the  public  debt,  172. 

No.  248,  to  limit  the  issue  of  bonds  or  other  evidences  of 
debt  by  cit.es  and  towns,  172.  * 

No.  249,  referring  to  the  office  of  Justice  of  the  Peace,  No- 
tary Public  and  Constable,   172. 


1840  INDEX. 

No.  250,  to  fix  the  time  for  the  assembling  of  the  General 

Assembly,  172. 
No.   251,   providing   for  the   bonding  of   State   and   County 

officers,  173. 
No.  252,  reducing  the  number  of  jurors,  173. 
No.    253,   to   provide   for   the   working   of   convicts   of    the 

several  counties  of  the  State,   173. 
No.  254,  providing  for  the  exemption  of  cotton  mills  from 

taxation,  173. 
No.   255,   regulating  and    providing   for  the   publication   of 

the  laws  and  bills.   173. 
No.  256,  to  establish  a  department  of  Agriculture,   173. 
No.  257,  amending  Sec.  5,  Art.  XIII,  173. 
No.  258,  to  amend  Sec.  4,  Art.  XI,  Constitution,  173. 
No.  259,  to  establish  a  Court  of  Appeals,  and  declare  juris- 
diction thereof.  173. 
No.  260,  to  amend  Sees.  1  and  3,  Art.  VIII.  Constitution,  174. 
No.    261,    to   promote    speedy    discussion    of   causes    in    the 

Supreme  Court,  174. 
No.  262,  to  provide  for  a  Board  of  Conciliation,  174. 
No.  263,  to  amend  Sec.  3,  Art.  VIII,  Constitution,  174. 
No.  264,  to  amend  Sec.  2,  Art.  X,  Constitution,  174. 
No.  265,  to  amend  Sec.  1,  Art.  XIII,  Constitution,  174. 
No.  266,  to  amend  Sec.  1,  Art.  II,  Constitution,  174. 
No.   267,   continuing  the  office  of  Examiner  of  Public  Ac- 
counts, 174. 
No.   268,   that  Probate  Judges  shall   be  elected  every   four 

years,  174. 
No.  269,  to  amend  Sec.  6,  Art.  XI,  Constitution,  175. 
No.   270,  providing  for  fair  elections  and  qualifications  of 

voters,  175. 
No.  271,  to  prescribe  the  time  of  election  of  Justices  of  the 

Supreme  Court,  Circuit  Judges,  Chancellors  and  Probate 

Judges,  175. 
No.  272,  to  prescribe  the  term  of  office  of  Justices  of  the 

Supreme   Court,    Circuit   Court   Judges,    Chancellors   and 

Probate  Judges,  175. 
No.  273,  to  amend  Art.  XVI,  Constitution,  175. 
No.  274.  to  amend  Art.  VIII,  Constitution,  175. 
No.  275,  to  improve  the  Judicial  system  of  the  State,  175. 
No.  276,  relating  to  municipal  corporations,  176. 


INDEX.  1S41 

No.  277,  to  add  a  section  to  Art.   Ill,  176. 

No.  278,  to  amend  Sees.  11,  12,  13,  14,  15,  21,  Art.  I,  176. 

No.  279,  to  amend  Sees.  9,  10,  12,  17,  25,  Art.  VI,  Constitu- 
tion, 176. 

No.  280,  to  establish  a  bureau  of  Industrial  Resourees,  176. 

No.  281,  relating  to  the  Judiciary  in  counties  having  a 
population  of  40,000  or  more,   176. 

No.  282,  to  exclude  from  any  limitation  upon  the  indebted- 
ness of  municipal  corporations,  obligations  or  bonds  is- 
sued for  street  improvements,  etc.,  176. 

No.  283,  relating  to  education,  176. 

No.  284,  to  amend  Sec.  23,  Art.  IV,  Constitution.  176. 

No.  285,  to  prohibit  the  delegation  of  authority  to  levy 
taxes,  177. 

No.  286,  to  prevent  the  contracting  of  a  debt  beyond  the 
revenues  of  the  State  to  meet,  177. 

No.  287,  to  amend  Sec.  5,  Art.  XIII,  Constitution.  177. 

No.  288,  to  provide  for  the  election  of  Solicitors  and  County 
Officers,  and  prescribe  the  term  of  office,   177. 

No.  289,  to  regulate  elections  in  the  State  of  Alabama,  190. 

No.  290,  to  create  a  Railroad  Commission,  190. 

No.  291,  to  prohibit  the  appropriation  of  any  part  of  the 
public  school  money  in  aid  of  church  or  sectarian  schools. 

190. 
No.   292,  to  amend   Art.  VI,   present  Constitution,   relating 

to  the  Judiciary,   1^1. 
No.  293,  to  regulate  the  right  to  vote  in  this  State.  191. 
No.  294,  to  amend  Sec.  1.  Art.  XVII,  of  new  Constitution, 

191. 

No.  295,  to  amend  oec.  5,  Art.  IV.  Constitution,  191. 

No.   296,   relating  to  the  Judiciary,  191. 

No.  297,  to  limit  the  power  of  city  or  town  to  incur  debt 
or  issue  bonds,   191. 

No.  298.  to  prescribe  the  mode  of  selection  of  the  Trustees 
of  the  University,  191. 

No.  299,  to  declare  the  Governor  ineligible  for  office  for 
two  years  after  the  expiration  of  his  term  of  office,  191. 

No.  300.,  to  prevent  the  General  Assembly  from  depriving 
the  municipalities  of  this  State  of  their  legitimate  reve- 
nues. 192. 

No.  301,  to  amend  Sec.  2,  Art.  IV,  Constitution,  192. 

116 


1842  INDEX. 

No.  302,  to  amend  Sec.  12,  Art.  V,  Constitution,  192. 
No.  303,  to  amend  Art.  VIII,  Constitution  of  1875,  192. 
No.    304,    to    regulate    primary    elections    in    the    State    of 

Alabama,   192. 
No.  305,  to  amend  Sec.  1,  Art.  X,  Constitution,  192. 
No.  306,  to  amend  Sec.  7,  Art.  X,  Constitution,  192. 
No.  307,  to  amend  Sec.  7,  Art.  1,  Constitution,  192. 
No.   308,  to  prevent  the  collection  of  more  than  the  legal 

rate    of    interest,    by   means    of   commissions,    premiums, 

or  other  devices  of  like  nature,  193. 
No.   309,   relating  to  the  qualifications  for  the  exercise  of 

suffrage,  193. 
No.    810,    to    constitute   the    Governor,    Secretary    of    State, 

Auditor  and   Treasurer,   Railroad   Commissioners,   193. 
No.  311,  to  cnange  the  area  of  the  counties  by  amending 

Sec.  2,  Art.  II,  Constitution.  193. 
No.  312,  to  amend  Sec.  2,  Art.  XVII,  Constitution,  193. 
No.  313,  to  amend  Sec.  7,  Art.  XI,  193. 
No.  314,  to  amend  Sec.  4.  Art.  XI,  193. 
No.  315,  to  amend  Sees.  1,  2,  and  7,  Art.  X,  193. 
No.  316,  to  add  an  independent  section  to  the  Constitution, 

194. 
No.  317,  to  add  an  independent  section  to  the  Constitution, 

194. 
No.  318,  to  add  a  section  to  Art.  VI,  and  amend   Sec.   25, 

Art.  VI,  194. 
No.  319,  relating  to  street  railways,   gas,   water,   steam   or 
•  hot    water    heating,    telephone,    telegraph,    electric    light 

or  power  plant,  in  or  on  the  streets,  avenues  or  alleys  of 

towns  or  cities,  194. 
No.  320,  providing  for  the  collection  of  taxes,  203. 
No.  321,  to  amend  bee.  1,  Art.  VI,  Constitution,  203. 
No.  322,  providing  that  the  representation  be  based  on  the 

white  population  only,  203. 
No.  323,  to  repeal  Sec.  8,  Art.  XI,  Constitution.  203. 
No.  324,  to  amend  bee.  21,  Art.  IV,  Constitution,  203. 
No.  325,  to  amend  Sees.  3,  5  and  6,  Art.  IV,  Constitution.  203. 
No.    326,    to   provide    for   the   election   of   County    Superin- 

tendent  of  Education  and  the  County  Board   of  Educa,- 

tion,  9,nd  define  their  dutje^,  203. 


INDEX.  1843 

No.  327,  debarring  lawyers  from  holding  office  except  of  a 
judicial  nature,  203. 

No.  328,  to  amend  Sec.  21,  Art.  1,  Constitution,  204. 

No.  329,  to  strike  out  Sec.  35  from  the  Declaration  of 
Rights,  204. 

No.  330,  to  require  the  General  Assembly  to  enlarge  the 
State  Capitol  grounds,  204. 

No.  331,  to  regulate  the  conveying  of  homesteads  by  exe- 
cutory contract,  204. 

No.  332,  to  amend  Art.  VIII,  Constitution,  210. 

No.  333,  to  amend  the  Constitution  of  Alabama  by  adding 
to  Art.  IV  a  section,  210. 

No.  335,  'to  repeal  Sec.  7,  Art.  X,  Constitution,  210. 

No.  336,  to  regulate  and  control  the  employment  of  chil- 
dren in  factories  and  other  public  works,  210. 

No.  337,  to  amend  Sec.  5,  Art.  VIII,  Constitution,  210. 

No.  238,  to  amend  Sec.  2,  Art.  VIII.  Constitution,  210. 

No.  239,  to  amend  Art.  VIII,  Constitution,  by  adding  new 
sections,  8  and  9,  211. 

No.  340,  to  amend  Sec.  31,  Art.  IV,  Constitution,  211. 

No.  341,  for  the  equitable  distribution  of  the  surplus 
moneys  arising  from  the  sale  of  fertilizer  tags,  211. 

No.  342,  to  regulate  the  fees  of  Constables  and  Deputies, 
232. 

No.  343,  to  amend  Sec.  49,  present  Constitution,  to  compel 
children  who  are  able  to  support  indigent  parents,   232. 

No.  344,  to  amend  the  Constitution  relating  to  the  Judi- 
ciary, 232. 

No.  345,  regarding  inheritable  rights  of  wife  and  husband 
in  each  other's  estate,   232. 

No.  346,  relating  to  legal  advertising,  232. 

No.  347,  prohibiting  rublic  schools  from  contracting  with 
any  one  corporation  exclusively  for  books,  or  other 
school  articles,  232. 

No.  348,  to  amend  Art.  XI,  Sec.  1,  on  taxation.  233. 

No.   349,   to   establish   a  Great  Seal   for  the   State   of  Ala- 
bama, 233. 
No.  350,  to  amend  Sec.  1,  Art.  XIV,  Constitution,  233. 

No.  351,  to  amend  Art.  VII,  Sec.  10.  Constitution.  237. 
No.  352.  for  the  protection  of  local  building  and  loan  as- 
sociations from  excessive  taxation.  237. 


1844  INDEX. 

No.  353,  relates  to  exempted  property,  238. 

No.  354,  relates  to  county  boundaries,  238. 

No.  355,  to  limii  the  indebtedness  of  cities,  towns  and  vil- 
lages in  Alabama,  238. 

No.  356,  relates  to  Judicial  Department.  238. 

No.  357,  to  amend  Sec.  1,  Art.  XI,  Constitution.  238. 

No.  358,  to  amend  Sec.  1,  Art.  XI,  Constitution,  23s. 

No.  359,  to  amend  Art.  V,  Constitution,  238. 

No.  360,  to  prohibit  the  ownership  of  real  estate  by  per- 
sons owing  allegiance  to  foreign  governments,  238. 

No.  361,  to  amend  Sec.  25,  Art.  VI,  Constitution.  238. 

No.  362,  to  amend   Sec.   8,  Art.  XIV,   239. 

No.  363,  relates  to  exemption  from  taxation,  239. 

No.  364,  to  prevent  an  increase  of  State  debt  and  to  regu- 
late temporary  loans,   239. 

No.  365,  to  provide  for  refunding  the  bonded  debt  of  the 
State,  and  for  improving  the  Capitol  building  and 
grounds,   239. 

No.  366,  to  define  a  trust  and  to  prohibit  the  same  in  this 
State. 

No.  367,  to  amend  Sec.  26,  Art.  VI,  244. 

No.  368,  to  amend  Art.  VIII,  present  Constitution,  244. 

No.  369,  to  amend  Sec.  3,  Art.  VIII,  244. 

No.  370,  relating  to  the  meeting  of  the  Legislature,  258. 

No.  371,  to  amend  Sec.  17,  Art.  VI,  present  Constitution, 
258. 

No.  372,  relating  to  the  duties  and  powers  of  Joint  Conven- 
tion and  tne  Speaker  of  the  House  in  canvassing  the 
returns  of  the  State  elections,  285,  375. 

No.  373.  to  define  in  part  the  duties  of  Lieutenant  Governor 
of  the  State,  as  provided  for  by  this  Convention,  285. 

No.  374,  to  amend  Sec.  1,  Art.  VIII,  Constitution,  285. 

No.  375,  to  provide  for  the  filling  of  vacancies  in  certain 
offices  in  the  several  counties  of  the  State,  286. 

No.  376,  to  establish  an  inferior  court  in  cities  of  5,000  in- 
habitants and  to  abolish  office  of  Justice  of  Peace  in  such 
cities,  286. 

No.  377,  to  amend  Sec.  21,  Art.  IV,  Constitution,  298. 

No.  378,  prescribing  the  number  of  Grand  Jurors  and  for 
the  suppression  of  crime,  298, 


INDEX.  1845 

No.  379,  to  amend  Sec.  7,  Art.  1,  Constitution,  298. 

No.    380,    to   amend    Sec.    14,    Constitution,    on    Banks    and 

Banking,  298. 
No.  381,  to  establish  a  whipping  post,  306. 
No.  382,  to  prevent  and  prohibit  intermarriage  of  negroes 

and  whites,  306. 
No.  383,  to  amend  Sec.  5,  Art.  XIII,  Constitution,  306. 
No.  384,  an  ordinance  to  amend  Sec.  25,  Art.  II,  Constitu- 
tion,  306. 
No.  385,  to  amend  Sec.  7,  Art.  II,  Constitution,  306. 
No.  386,  relating  to  the  government  of  the  University,  and 

the  payment  of  interest  on  the  University  fund,  306. 
No.   387,  reducing  expense  of  administering  small  estates, 

306. 
No.  388,  to  fix  the  date  of  election  of  city  officers  in  the 

State,  306. 
No.  389,  to  relieve  agents  of  firms  or  corporations  in  this 
State    of   license    tax   not   charged    outside   the    State    to 
agents   of  firms  or  corporations   doing  business   in   Ala- 
bama, 325. 
No.  390,  relating  to  erection  of  court  house  and  jail  in  St. 

Clair  county,  326,  1381. 
No.  391,  to  prevent  discrimination  in  privilege  taxes,  326. 
No.  392,  an  ordinance  to  be  entitled  Sec.  — ,  Art.  IV,  371. 
No.  393,  to  create  a  State  Board  of  Arbitration,  371. 
No.  394,  to  amend  the  first  proviso  of  Sec.  24,  Art.  I.  Con- 
stitution, 371. 

No.   395 

No.  396,  prohibiting  the  Legislature  from  authorizing  lot- 
teries, gift  enterprises  or  pool  selling  in  sports  or  games 
of  any  kind  or  description,  405. 
No.    397,   an   ordinance   allowing   electors   to   express   their 

preference  for  United  States  Senators,   405. 
No.  398,  an  ordinance  amending  Sec.  17,  Art.  XIV,  Consti- 
tution, relating  to  banking,  427. 
No.  399,  to  provide  for  the  formation  or  creation  of  private 

corporations  in  the  State  of  Alabama,  427. 
No.  400,  to  provide  for  a  tax  on  collateral  inheritances,  427. 
No.    401,    relating    to    removing    the    State    Capitol    from 

Montgomery  to  Birmingham,  427. 
No.  402,  to  amend  Sec.  2,  Art.  X,  Constitution,  445. 


1846  INDEX. 

No.  403,  to  give  plenary  powers  to  Railroad  Commission- 
ers, etc.,  445. 

No.  404,  to  amend  part  of  Sec.  28,  Art.  V,  new  Constitu- 
tion,  513,   1269,   1283. 

No.  405,  to  prohibit  newspapers  or  their  representatives 
from  accepting  a  free  pass  or  other  free  transportation 
from  a  railroad  company  doing  business  in  the  State, 
513. 

No.  406,  to  limit  the  amount  of  tax  on  fertilizers  manu- 
factured or  sold  in  the  State,  526. 

No.  407,  to  authorize  the  General  Assembly  to  amend  the 
Constitution  of  the  State,  526. 

No.  408,  to  create  the  office  of  Sheriff  in  each  of  the 
counties  of  the  State  of  Alabama;  providing  means  of 
election  thereto,  and  a  method  of  removal  therefrom, 
576. 

No.  409,  to  provide  for  the  filing  and  arranging  of  the 
papers  and  documents  pertaining  to  the  Constitutional 
Convention,  etc.,  (to  providie  for  superintendence  of 
printing,  compensation  for  Secretary,  etc.,  604,  1153, 
1749. 

No.  410,  to  give  court  discretion  to  exclude  from  court 
room  persons  not  necessary  in  conduct  of  trial  in  cases 
of  rape,  adultery,  etc.,  604,  1291,  1446. 

No.  411,  to  enact  penal  statutes  to  suppress  obscene  and 
profane   language   in   hearing  of   children,   604. 

No.  412,  relating  to  bonded  indebtedness  of  State,  626, 
1227,  1651. 

No.  413,  amendment  to  article  on  Taxation,  642. 

No.  414,  to  provide  for  the  succession  in  the  office  of  Gover- 
nor, 642,  1442. 

No.  415,  for  the  relief  of  E.  L.  May,  643,  1354. 

No.  416,  to  prohibit  the  hiring  or  leasing  of  convicts  in  this 
State,  663. 

No.  417,  to  amend  Sec.  13  of  an  ordinance  to  create  and 
define  Executive  Department,  682. 

No.  418,  to  amend  Sec.  4,  Art.  XI  of  present  Constitution, 
relating  to  tax  rate  of  State,  723. 

No.  419,  to  provide  for  issuance  of  bonds,  in  event  of  an- 
nexation of  foreign  territory  to  this  State  by  purchase, 
723. 


INDEX.  1847 

No.  420,  for  enacting  laws,  by  the  General  Assembly  en- 
forcing lien  of  agricultural,  mechanical  and  railroad  em- 
ployes, upon  products  of  manual  labor,  760. 

No.  421,  to  provide  for  formation  of  county  of  "Houston" 
from  the  counties  of  Jefferson,  Tuscaloosa  and  Bibb,  846. 

No.  422,  to  fix  liability  of  holders  of  stock  in  corporations 
as  co-partners  for  debts,  etc.,  847. 

No.  423,  to  repeal  Sees.  8  and  9  of  article  adopted  by  this 
Convention   on   Banks  and   Banking,   847,   1137. 

No.  424,  limiting  length  of  sitting  of  present  Convention, 
payment  of  officers,  delegates,  etc.,  864. 

No.  425,  concerning  railroad  passes,   907. 

No.  426,  amendment  to  fourth  section  article  heretofore 
adopted  on  Banks  and  Banking,  907,  1458. 

No.  427,  no  corporation  attorney  shall  be  eligible  to  office 
as  member  of  Legislature,  907. 

No.  428,  to  regulate  railroad  passes,  908. 

No.  429,  to  repeal  Sec.  5,  Article  on  Legislative  Depart- 
ment, as  adopted  by  this  Convention,  908. 

No.    430,    insolvency    of    incorporated    bank,    shareholders' 

'    liability,  etc.,  916. 

No.  431,  qualifications  of  voters  and  electors  in  Alabama, 
939. 

No.  432,  authorizing  Legislature  to  construct  canal  from 
Birmingham   to   the  Warrior   river,   939. 

No.  433,  limiting  ownership  of  lands  by  corporations,  939. 

No.  434,  relating  to  voting  of  drummers,  ministers,  teach- 
ers, railroad  employes,  etc.,  986. 

No.  435,  to  amend  Sec.  3,  Art.  II,  Constitution,  1008. 

No.  436,  to  repeal  Sees.  8  and  9,  on  Banks  and  Banking, 
adopted  by  this  Convention,  1008. 

No..  437,  to  exempt  married  maimed  Confederate  soldiers, 
1088. 

No.  438,  providing  for  suspension  of  act  of  General  Assem- 
bly changing  county  seat  of  Shelby  county,  until  lo- 
cated by  a  vote  of  the  county,  1088. 

No.  439,  providing  that  Sec.  2  of  Article  on  Suffrage  and 
Elections  be  amended  in  regard  to  voting  of  ministers, 
1089. 


1848  INDEX. 

No.  440,  to  amend  Sec.  3,  regulating  county  boundaries, 
location  of  county  sites  and  formation  of  new  counties, 
1107. 

No.  441,  to  amend  Sec.  3,  Art.  II,  of  this  Constitution.  1107. 

No.  442,  to  amend  Sec.  18,  Article  on  Suffrage  and  Elec- 
tions,   passed    by    this    Convention,    1107. 

No.  443.  regulating  term  of  service  of  Solicitors,  1148. 

No.  444,  substitute  for  Sec.  28,  Article  on  Judiciary,   1148. 

No.  445,  substitute  for  Sec.  28,  Article  on  Judiciary,  1170. 

No.  446,  providing  for  indexing  stenographic  report,  and 
repeal  of  resolution  169,  1196,  1454,  1468. 

No.  447,  instructing  Secretary  of  Convention  to  send  mem- 
bers copies  of  stenographic  report,  etc.,  1226. 

No.  448,  regulating  term  of  office  of  incumbent  State  Sena- 
tors, 1246. 

No.  449,  to  provide  for  court  house  and  jail  in  St.  Clair 
county,   1247,   1324,   1444. 

No.  450,  prohibiting  the  granting  of  fifty-year  franchises 
by  a  municipality,  1290. 

No.  451,  providing  for  establishment  of  court  house  and 
jail  in  Talladega  county,  1290.  1379. 

No.  452,  providing  for  election  of  Solicitors,  1333. 

No.  453,  providing  for  registration  of  colored  electors,  1333. 

No.  454,  to  repeal  part  of  Sec.  2,  Article  on  Municipal  Coi'- 
porations,  affecting  Montgomery,  1333. 

No.  455,  providing  for  adoption  of  Article  on  Judiciary  De- 
partment, 1333. 

No.  456,  to  authorize  Governor,  Auditor  and  State  Treas- 
urer to  set  apart  sums  for  bonded  indebtedness  of  State, 
1353. 

No.  457,  providing  for  indigent  Confederate  soldiers  and 
indigent  widows  of  Confederate  soldiers,  1381. 

No.  458,  relating  to  licenses  of  public  school  teachers,  1381. 

No.  459,  to  appropriate  $143.75  for  payment  due  C.  B. 
Brown  and  the  Alabama  Printing  Co.  for  services  per- 
formed, 14S0,  1636. 

No.  460,  to  empower  and  authorize  the  Legislature  to 
amend  or  repeal  ordinances  adopted  by  the  Convention 
not  contained  in  the  proposed  Constitution,  1555,  1650. 


INDEX.  1849 

No.  461,  to  provide  for  qualifications,  etc.  of  electors  who 
shall  participate  in  municipal  election  of  Florence,  Dec. 
1901,  1555. 
No.  462,  substitute  for  "grandfather"  clause,  1556. 
No.   463,  to  provide  for  payment  of  Secretary  and   assist- 
ants for  services  rendered  after  adjournment  of  Conven- 
tion, 1640. 
No.   464,  appropriation  to  Robert  Chapman  for  enrollment 

of  Constitution,  1641. 
No.  465,  to  appropriate  $1,000  to  be  expended  by  the  Gov- 
ernor in  giving  publicity  to  the  Constitution,  etc.,  1661. 
ORDINANCES   RECOMMITTED,   230,   237,   288,   371,   379,   446,   1137, 

1379,  1468. 
O'REAR,  RUFUS  A.,   4,   1780,   1785. 
OWENS,   REV.  A.   F.    (colored). 

Memorial  on  the  civil  and  political  rights  of  the  negro,  211. 
PAGES,  33,  35. 

Resolution  of  thanks,  1659. 
PAIRS,  50,  344,  345,  347,  391,   440,  459.  504,   519,  521,   549,   592,   595, 
610,  615,  638,  646,  648,  747,  753,  755,  763,  806,  827,  835,  836, 
839,  994,   999,  1001,   1036,  1047,   1050,  1073,   1077,   1079,   1083. 
1097,    1131,    1151,    1173,    1175,    1211,    1266,    1268,    1277,    1279, 
1281,    1286,    1294,    1296,    1302,    1327,    1335,    1349,    1356,    1359, 
1361,  1363,  1373,  1422,  1467,  1470,  1605,  401. 
PALMER,   DABNEY,   4,   1780,   1783. 
Permitted  to  select  seat,  29. 
PARCHMENT. 

Constitution   enrolled   on,   1007.   1067,   1291,   1479. 
Committee  on  Enrollment,  1481. 
PARDONS.   BOARD   OF. 

Constitutional   provisions    (Sec.   124),    1689. 
PARKER,  GEORGE  H.,    (Cullman),  4,  1780,  1782. 

Ordinance  150,  to  amend  Art.   II,  Constitution,   119. 
Resolution  74,  to  provide  clerk  for  the  Committee  on   Local 

Legislation,   126. 
Report  of  Committee  on  State  and  County  Boundaries  as  to 

annexation  of  West  Florida,  447. 
Report  of  Committee  on  State  and  County  Boundaries,  448. 


1850  INDEX. 

PARKER,   JOHN   H.    (Elmore),   5,   1780,   1783. 

Resolution  74,  relates  to  annexation  of  West  Florida,  126. 

Resolution  112,  relates  to  right  of  General  Assembly  to  regu- 
late sale,  etc.  of  spirituous  liquors,   163. 

Ordinance  273,  to  amend  Art.  XVI,  Constitution,  175. 

Ordinance  371,  to  amend  Sec.  17,  Art.  VI,  Constitution,  259. 

Resolution  181,  relating  to  repeal  of  Fifteenth  Amendment  to 
Federal  Constitution,  381. 

Minority  report  from  Committee  on  State  and  County  Boun- 
daries,  451. 

Resolution  212,  to  extend  the  privilege  of  the  floor  to  J.  J. 
Sullivan,  525. 

Ordinance  458,  relating  to  revoking  the  licenses  of  teachers, 
1381. 

Resolution   317,    extending    thanks    and    expression    of    appre- 
ciation to  Thomas  W.  Coleman,  1428. 
PEARCE,  .JAMES  P.,  5,  1780,  1783. 

Ordinance  151,  to  amend  Sec.  4,  Art.  XI,  Constitution,  120. 

Ordinance  327,  providing  that  after  the  adoption  of  the  Con- 
stitution no  person  learned  in  the  law  shall  be  eligible  to 
hold  any  office  under  the  State  except  of  a  judicial  nature, 
203. 
PETITIONS. 

No.   1 — From   Commissioners'   Court   of  Morgan  county,   299. 

No.   2 — From  Willis  E.   Steers  in  reference  to  the  treatment 
of  the  negro  race  under  new  Constitution,  308. 

iNO.  3 — In  reference  to  trusts,  312. 

No.  4 — In  relation  to  election  of  Railroad  Commissioners  by 
the  people,  446. 
PETTUS,  SENATOR  E.  W. 

Privileges  of  floor  extended,  42. 
PETTUS,  ^RLE,  5,  1780,  1785. 

Resolution  declaring  that  Convention  be  governed  by  Act  of 
General  Assembly  providing  for  Convention,  42. 

Ordinance  1^2,  to  disfranchise  negroes,  and  persons  of  Afri- 
can descent  in  the  State  of  Alabama,  120. 

Resolution  83,  relating  to  reading  of  ordinances  by  title  only, 
136,   182,  186. 

Ordinance  206,  to  establish  courts  of  County  Commissioners, 
etc.,  153. 


INDEX.  1851 

Resolution  138,  to  reduce  the  tax  rate,  236. 

Ordinance   382,   to  prevent  and     prohibit     intermarriage     of 

negroes  and  whites,  306. 
Minority  report  from  Committee  on  Education,  731. 
Resolution  316,  concerning  eligibility  to  office,  1428,  1477. 
Resolution  327,  to, fix  the  hour  of  adjournment,  1554. 
Resolution   343,   extends  thanks  to   W.   F.   Herbert,   assistant 
secretary,  1659. 
PHILLIPS,  E.  A.,  5,  1780,  1784. 

Ordinance  36,  to  define  county  boundaries,  88. 
PILLANS,  HARRY,"  5,  1780,  1785. 

Ordinance  88,  to  amend  Art.   1.  Declaration  of  Rights,  relat- 
ing to  prohibition  of  flogging  convicts,  88. 
Ordinance  153,  to  amend  Art.  VI  of  Constitution,  120. 
Ordinance  154,  to  amend  Sec.  12,  Art.  V,  Constitution,  120. 
Ordinance  309,  relating  to  the  suffrage,  193. 
Resolution  254,  to  extend  privileges  of  the  floor  to  John  H. 
Bankhead,  846. 
PITTS,  P.  H.,  5,  1780,  1783. 

Ordinance  239,  to  fill  vacancies  in  county  offices  by  the  Court 

of  County  Commissioners,  171. 
Report  of  Committee  on  Representation,  493. 
Question  of  privilege,   1225. 
POINTS  OF  ORDER,  BY  MESSRS. 

Ashcraft,  1216;  Bulger,  151;  Burns,  241;  Cofer,  202,  896;  Cun- 
ningham, 31,  42;  deGraffenried,  245;  Fitts,  24;  Graham 
(Talladega),  1275,  1278;  Greer  (Calhoun),  897;  Harrison, 
246;  Heflin  (Chambers),  902;  Hood,  1296;  Lowe  (Jefferson), 
■  29,  1297;  Gates,  246;  O'Neal  (Lauderdale),  1192;  Pettus, 
285;  Reese,  263;  Sanford,  52;  Weatherly,  101;  White.  183; 
Willett,  129,  132;  Wilson  (Clarke),  401,  801. 
POLL  TAX. 

Constitutional  provisions,  1706,   1716,  1734. 
POOLE,  R.    D. 

Privileges  of  floor  extended,  1275. 
PORTER,  JOHN  H.,  5,  1780,   1784. 

Ordinance  335,  to  repeal  Sec.  7,  Art.  VIII,  Constitution,  210. 
POWELL,   D.   M. 

Privileges  of  floor  extended,  1353. 


1852  INDEX. 

POWERS. 

Distribution  of,  (Sees.  42-43),  1670. 
PRATT  CITY,  TOWN  OF,  1185.  1318,  1723. 
PRAYERS   OFFERED. 

Resolution  of  thanks  for,  to  clergy,  1659. 

By  Rev.  Mr.  Anderson,  Neal  L.,  52,  77,  91.  109,  129. 

By  Mr.  Ashcraft,  John  T.,  1287. 
1350,  1376,  1754. 

By  Mr.  Ashcraft,  John  T.,  1287. 

By  Rev.  Mr.  Bancroft,  1638. 

By  Rev.  Mr.  Browne,  156. 

By  Rev.  Dix,  L.  D.,  660,  678,  699.  720. 

By   Rev.    Mr.    Elliott,    204,    423,    441. 

By  Rev.  Gay,  Wm.  D.,  234,  253,  282. 

By  Rev.  Howell,  W.  P..  227,  402,  639,  748,  899,  1005,  1104.  1328. 

By  Rev.  Lamar,  A.  J.,  460,  507,  522,  1038. 

By  Rev.  McDaniel,  C.  B.,  758,  772,  802,  843,  861. 

By  Rev.   Mr.   Marshall.   983,   989,   1065,   1086,   1425.   1471.   1499, 
1551,  1599,  1655. 

By  Rabbi  Messing,  Jr.,  1123. 

By  Rev.  Murphy,  Edwara  G.,  294,  303,  320,  339.  356,  377. 

tsy  Rev.  Patterson,  G.  W.,  541,  551,  576,  600,  622. 

By  Rev.  Provence,  H.  W.,  148,  178,  196. 

By  Rev  Mr.   Shores,  979. 

By  Rev.  Mr.  Stickney,  242. 

By  Rev.  Stakeley,  Charles  A.,  249. 
PREAMBLE  OF  CONSTITUTION,  1663. 
PREAMBLE  AND  DECLARATION  OF  RIGHTS,  COMMITTEE  ON. 

Report  of  committee,  359. 

Article  proposed  by,   362. 

Minority    reports,    367,    369. 

Consideration   of   report,   620.   628,   643,   652. 

Reconsideraton   of  certain   sections  proposed,   644. 

Engrossment  ordereci,   660. 

Third  reading.  785. 
PRESIDENT  OF  THE  CONVENTION. 

John  B.  Knox  elected,  8. 

Resolution  of  thanks,  1658. 


INDEX.  1853 

PRINTING  OF  SPEECHES,  981,  985,  988. 

Inaugural  address  of  Mr.  Knox,  22. 

Speech  by  Mr.  Coleman,  954. 

Remarks  by  Mr.  Knox,  976. 

Speech    of    Dr.    Cunningham,    983. 
PRIVILEGE,  QUESTION  OF. 

Ashcraft,  80;  Beddow,  807,  1043;  Brooks,  483,  1275;  Burns, 
1640;  Carmichael  (Coffee),  1216;  Case.  29,  1640;  Coleman 
(Greene)  847;  Craig,  1640;  Davis  (Etowah),  1209;  Dent, 
913;  Greer  (Calhoun;  1601;  Harrison,  1640;  Heflin  (Cham- 
bers), 650,  1330,  1344;  Jones  (Montgomery),  302,  6&1.  847; 
Lomax,  939;  Long  (Walker).  285,  297,  305,  1289,  1299,  \420; 
Murphree,  1470;  O'Neal  (Lauderdale),  702,  738,  1225,  1289; 
Opp,  1275;  Pitts,  1225;  Reese,  991;  Rogers  (Sumter).  1601; 
Samford,  1068;  Sanford,  180;  Sentell,  847;  Smith  (Mobile) 
737;  Waddell,  1330;  Walker,  1420;  Watts,  866;  Williams 
(Marengo),  703. 
PRIVILEGES  OF  THE  FLOOR,  EXTENDED  TO. 

Alexander,  Ex-Senator,  1068;  Anderson,  J.  C,  1479;  Arnold, 
J.  J.,  298;  Baldwin,  M.  M..  1379;  Bankhead,  J.  H.,  846;  Ben- 
ners,  H.,  1043;  Bowie,  S.  J.,  945;  Clarke,  R.  H.,  285;  Doster, 
H.  S.,  1379;  Greene,  D.  F.,  1379;  Harwood,  Bernard,  663; 
Herbert,  Hilary  A.,  463;  Hilliard,  W.  J.,  1043;  Hipp,  R.  L., 
991;  Huey,  — ,  1420;  Huey,  Vann,  1043;  Huffman,  T.  Y.. 
1068;  Inzer,  John  W.,  1654;  Jelks,  Gov.  Wm.  D.,  287;  Jones, 
J.  F.,  1106;  Kennedy,  T.  L.,  1420;  Little,  John  D.,  723;  Liv- 
ingston, H.  A.  1330;  Ministers  of  the  Gospel,  298;  Morgan, 
John  T.,  42;  Niller,  B.  S.,  723;  Pettus,  Edmund  W.,  42; 
Poole,  R.  D.,  1273;  Richardson,  William,  154;  Rob- 
inson. E.  M.,  287;  Scott,  S.  S.,  622;  Taylor. 
Thomas,  154;  Thompson,  C.  W..  1216;  Troup.  L.  P.,  1654; 
Turpin,  Louis  W.,  1115;  Waller,  Charles  E.,  287;  Wheeler, 
Joseph,  31;  Whitson,  C.  C,  1379;  Wood,  John  B..  1043; 
Wood,  J.  R..  1043. 
PROCTOR,   JOHN   F.,   5,   1780,   1784. 

Resolution  76,  to  dispense  with  daily  reading  of  Journal,  126, 
134. 

Resolution  77,  to  provide  a  clerk  for  Journal  Committee,  127, 
158. 

Resolution  136,  regulates  leaves  of  absence,  209,  259. 

Minority  report  from  Committee  on  Corporations,  968. 


1854  INDEX. 

PROTEST. 

By  Mr.  Lowe    (Jefferson),  999. 
PUGH,  JAMES  L. 

Resolution  of  sympathy,  775. 
QUADRENNIAL   SESSIONS   OF   THE   LEGISLATURE,   1672. 
RAILROAD  AND  CANALS,  972,.  1730. 
RAILROAD  COMMISSIONERS. 

Petitions  in  lavor  of  election  by  the  people,  446,  604. 
READING  CLERK. 

Resolution   to   create   office   adopted,   95,   96. 
Resolution  of  thanks,  916. 
RECESS  OF  CONVENTION. 

To   permit   Committee   on   Order,   etc.,    to   prepare   its   report, 
1467. 
RECOMMITTAL    OF    ORDINANCES,    230,    237,    288,    37i,    379,    446, 

1137,  1379,  1468. 
RECORDS   OF   CONVENTION. 

Ordinance  for  preservation  of,  604,  1153,  1749. 
REESE,  HENRY  FONTAINE,  4,  1781,  1784. 

Resolution   to   submit   new   Constitution   to   people   for   ratifi- 
cation, 39. 
Ordinance   155,   to  provide  for  election  of  Railroad   Commis- 
sioners, and  convict  inspectors,   120. 
Ordinance  156,  relating  to  Art.  V,  Constitution,  120. 
Resolution  34,  to  number  pages  of  stenographic  report,  82,  132. 
Resolution  35,  to  prohibit  change  of  basis  of  repres«ntation, 

82. 
Resolution  36,  relating  to  exempt  property,  82. 
Resolution  78,  to  reform  Judicial  administration  of  the  Jus- 
tice of  the  Peace  system,  127. 
Resolution  7ij,  to  fix  the  salaries  of  the  Justices  of  the  Supreme 

Court,    127. 
Resolution   80,   to   amend   the   rules  as   to  consideration,    127, 

134. 
Resolution  98,  to  extend  privileges  of  floor  to  Gov.  W.  J.  Sam- 
ford.  151. 
Resolution  146.  in  reference  to  absentees,  268,  300. 
Ordinance  392,  to  add  a  section  to  article  on   Executive  De- 
partment, 371. 
Resolution  205,  relating  to  suspension  of  roll  call  for  intro- 
duction of  ordinances,  512,  584. 


INDEX.  1855 

Resolution  222,  to  consider  report  of  Committee  on  Suffrage 

and  Election,  603. 
Ordinance  410,  to  empower  court  to  exclude  certain  persons 
from   court  room  in  prosecutions  for  rape,  etc.,   604,   1291, 
1446. 
Ordinance  411,  requiring  Legislature  to  enact  penal  statutes 
to  suppress  evil  habit  of  using  obscene  and  profane  lang- 
uage in  the  hearing  of  children,  604. 
Resolution  247,  extending  sympathy  to  Hon.  James  L.   Pugh 

in  his  sickness,  775. 
Ordinance    442,    to    amend    Sec.    18,    Article    on    Suffrage    and 

Elections,  1107. 
Resolution  325,  to  fix  hour  of  adjournment,   1523. 
Resolution   330,  to   revoke  all  leaves  of  absence,   1154,    1605. 
RENFRO,  N.  .P.,  4,  1781,  1785. 

Resolution    209,    to    refer    certain    amendments    to    Judiciary 
Committee,  524. 
REPRESENTATION. 

Constitutional  provisions    (Sees.  197-203),  1717. 
REPRESENTATION,  COMMITTEE  ON. 
Report  of  committee,  493. 
Article  ordered  printed,  493. 
Article  proposed,  494. 
Minority  report,  496. 
Consideration  of  report,  1235. 

Reconsideration   of  sundry   sections   proposed,   1239. 
Engrossment  ordered,   1239. 
Third   reading,  1312. 
REPRESENTATIVES  IN   THE   LEGISLATURE. 

Constitutional    provisions,    1671,    1672,    1673,    1674.  | 

RESOLUTIONS    (Numerically  arranged). 

No.  1,  to  complete  organization  of  Convention,  22. 
No.  2,  to  appoint  Committee  on  Rules,  22,  30. 
No.  3,  to  refer  resolutions  without  debate,  22. 
To  assign  seats  to  delegates,  23,  30. 

To  appoint  committee  to  report  on  advisability  of  con- 
tracting with   a  stenographer,   23,   30. 
To  defer  action  on  propositions  to  amend  Constitution 

until  committees  are  appointed,   23. 
To    appoint    committee    to    invite    clergymen     to    open 
sessions  of  Convention  with  religious  services,  23,  30. 


1856  INDEX. 

To  regulate  the  drawing  of  seats.  29. 
To  permit  certain  delegates  to  select  their  seats,  29. 
To    extena    privileges    of    the    floor      to      Gen.      Joseph 
Wheeler,  31. 
No.  11,  to  regulate  the  hour  of  adjournment,  32,  107. 
No.  12,  to  print  address  of  President  John  B.  Knox,  32,  107. 
No.   13,   to  appoint   standing  committees,   32. 
No.  14,  to  provide  for  a  compilation  of  suffrage  provisions  in 

various  State  Constitutions,  35,  108. 
No.    15,   to   define   those  entitled   to   floor  of   Convention   hall, 
39.  107. 
To  provide  for  printing  Democratic  platform,  39. 
To  provide  for  printing  500  cop.es  of  present  Constitu- 
tion,  39. 
To  submit  new  Constitution  to  the  people  for  ratifica- 
tion, 39. 
To  declare  sense  of  Convention  that  pledges  of  Demo- 
cratic Convention  should  be  kept,  40. 
To  fix  time  of  adjournment,  42. 

To  declare  that  in  its  actions  the  Convention  be  gov- 
erned by  act  of  General  Assembly  providing  for  the 
Convention,   42. 
To  test  accuracy  of  reports  made  by  stenographers,  51. 
To  print  names  of  members  of  committees  in  pamphlet 
containing  rules,  69. 
No.  22,  to  declare  sense  of  Convention  on  education,  73,  154. 
To  extend  invitation  to  Dr.  J.  L.  M.  Curry  to  address 
Convention  on  public  education,  73. 
No.  23,  to  declare  sense  of  Convention  as  to  rate  of  taxation, 

73,  414. 
No.  24,  to  declare  sense  of  Convention   that  rate  of  taxation 

shall  not  be  increased,  74. 
No.  25,  to  direct  Secretary  to  preserve  copies  of  stenographic 

report  for  deposit  with  Secretary  of  State,  74,  233,  234. 
No.    26,   to   direct   official   stenographer   to   deposit    250   copies 

of  official  report  with  the  Secretary  of  State,  74. 
No.   27,   to  provide  that  seat  of  government   shall   not   be   re- 
moved, 74. 
No.  28,  to  base  representation  on  population,  75. 
No.  29,  to  fix  time  of  meeting  and  adjournment,  81. 
No.  30,  to  prohibit  enlargement  of  powers  of  corporations.  81 


INDEX.  1857 

No.  31,  to  regulate  levy  and  distribution  of  school  tax,  81. 
No.   32,  to  provide  bank  examiners,   82. 

No.  33,  to  provide  for  and  regulate  local  school  districts,  82. 
No.   34,   to  provide  for  numbering  pages  of  the  stenographic 

report,  82,  132. 
No.  35,  to  prohibit  change  of  basis  of  representatioa,  82. 
No.  36,  to  proaibit  change  of  Constitutional  provisions  as  to 

exempt  property,  83. 
No.   37,   to  provide  quadrennial   elections   of   Representatives, 

and  quadrennial  sessions  of  Legislature,  83. 
No.   38,   to  regulate  distribution   of  school   funds,    83. 
No.    39,   to   regulate   suffrage   and   taxation,   prohibit   removal 
of   State    Capitol,    and    prohibit    enlargement   of    powers    of 
corporations,  83. 
No.  42,  to  print  300  copies  of  the  Bill  of  Rights  of  Constitu- 
tion, 94,  132. 
1.0.  42,   (sic),  relating  to  educatiom,  94. 
No.  43,   to  authorize  President  of  the  Convention  to  appoint 

two  shorthand  reporters,  95. 
No.  44,  to  create  ofRce  of  reading  clerk,  95,  96. 
No.  45,  relates  lo  qualifications  for  suffrage,  96,   112. 
INC.    46,   to   instruct   Secretary   of   State  to   furnish   copies   of 

Codes  to  members,  96,  97. 
inO.  47,  to  levy  a  tax  on  dogs,  97. 
No.  48,   relates   tO  removal   of  county  sites,   97. 
No.  49,  relates  to  local  legislation,  97. 

No.  50,  to  print  500  copies  of  present  Constitution,  97,   134. 
No.  51,  to  fix  the  interest- rate,  98. 
No.  52,  to  establish  a  Railroad  Commission,  98. 
No.   53,  to   regulate  office  holding,  98. 
No.  54,  relates  to  office  of  Governor,  99. 

No.  55,  relates  to  mileage  of  members  of  the  General  Assem- 
bly, 99. 
No.    56,   relates   to   amendment   of   Sec.    30,   of   Declaration   of 

Rights,  99. 
No.  57,  relates  to  taxation,  99. 
No.   58,   relates  to  exemptions,   99. 
No.  59,  relates  to  State  bonded  indebtedness,  100. 
No.  60,  relates  to  correction  of  errors  in  stenographic  report, 
112. 

117 


1858  INDEX. 

No.  61,  declaring  the  purpose  of  the  Convention  on  certain 
questions,  12i. 

No.  62,  refers  to  State  colleges  and  institutions,  122   . 

No.  63,  refers  to  representation,  122.. 

No.  64.  relates  to  suffrage,  123. 

No.   65,   pelates  to  free  passes,   123. 

No.  66,  relates  to  the  establishment  of  a  board  of  arbitra- 
tion,  123. 

No.  67,  relates  to  the  distribution  of  taxes  and  public  funds, 
123. 

No.  68,  to  prevent  Legislative  lobbying,  124. 

No.  69,  relates  to  suffrage  reform,  124. 

No.  70,  fixing  the  time  for  holding  general  elections,  124. 

No.  71,  to  adopt  the  present  Constitution  of  Alabama,  by  this 
Convention,  subject  to  such  revisions  and  amendments  irf 
any  article,  or  part  thereof,  aj  this.  Convention  may  here- 
after determine,  125,  133,  134,  135,  154. 

No.  72,  relates  to  work  of  clerks  of  coromittees,  125. 

No.  7  3,  fixing  the  date  for  adjournment,  125. 

No.  74,  to  provide  a  clerk  for  the  Committee  on  Local  Legi-,- 
lation,  126. 

No.  75,  relates  to  annexation  of  West  Florida,  126,  447 

No.  76,  to  dispense  with  daily  reading  of  the  Journal,  127,  134. 

No.  77,  to  preside  a  clerk  for  Journal  Committee,  127. 

No.  78,  to  reform  Judicial  administration  of  the  Justice  of 
the  Peace  system,  127. 

No.  79,  to  fix  the  salaries  of  the  Justices  of  the  Supreme 
Court,  127. 

No.   80  ,to  amend  the  rules  as  to  reconsideration.   127,   134. 

No.  81,  relates  to  ante-election  pledges  of  the  Democratic  plat- 
form, 128. 

No.  82,  declaring  that  present  Constitution  shall  be  the  basis 
for  action  by  the  Convention,  128,  133. 

No.  83,  relates  to  the  reading  of  ordinances  by  title  only, 
136,   182,   186. 

No.  84,  relates  to  the  introduction  of  resolutions  and  ordi- 
nances,  136. 

No.  85,  relates  to  contents  of  resolutions  and  ordinances,  136. 
154. 

No.  86,  directing  cancellation  of  contract  for  stenographic 
report,  137,  146,  181,  183,  185. 


INDEX.  1859 

No.  87,  relates  to  order  of  introduction  of  ordinances,  137, 
182,  186. 

No.  88,  relates  to  terms  of  county  officials,  137. 

No.  89,  relates  to  passage  of  stock  laws,  137. 

No.  90,  relates  to  marriage  after  divorce,  138. 

No.  91,  relates  to  binding  force  on  Convention  of  certain  sec- 
tions of  act  calling  same,   138. 

No.  92,  to  fix  time  for  the  introduction  of  ordinances,  138. 

No.  93,  to  appoint  a  special  committee  to  be  known  as  Pen- 
sions Committee  for  Confederate  Soldiers,   139. 

No.  94,  to  appoint  further  standing  committees,   139. 

No.  95,  to  authorize  Secretary  of  Convention  to  purchase 
supplies,    139,    155. 

No.  96.  relates  to  clerks  of  committees,  139. 

No.  97,  relating  to  the  forms  of  ordinances,  139,  182,  187. 

No.  98,  to  extend  privileges  of  floor  to  Gov.  W.  J.  Samford, 
151. 

No.  99,  to  fix  salary  of  Governor  at  not  less  than  $5,00(i        i 

No.  100,  to  suspend  rule  as  to  adjournment,  lo^. 

No.  101,  to  provide  for  printing  reports  of  committees,  152. 
182,   187. 

No.  102,  to  regulate  the  introduction  of  ordinances,  152,  182, 
187. 

No.   103.  relates  to  the  education  of  the  negro,  159. 

No.  104,  relates  to  delay  in  printing  compilation  of  Suffrage 
provisions,  etc.    (resolution  No.  14),  160. 

No.  105,  to  authorize  Auditor  to  pay  official  stenographer, 
161,   181,   186. 

No.  106,  relates  to  compensation  of  judicial  officers,  161. 

No.  107,  relates  to  compensation  of  executive  officers,   161. 

No.  108,  relates  to  disfranchisement  of  the  negro,  161. 

No.   109,   concerning  the  quarantine  and   police  power,   162. 

No.  110,  relates  to  times  of  holding  elections,  162. 

No.  Ill,  relates  to  poll  tax  qualifications  for  suffrage,   162. 

No.  112,  relates  to  right  of  General  Assembly  to  regulate 
sale,  etc.,  of  spirituous  liquors,  163. 

No.  113.  relates  to  payment  of  delegates  to  Convention,  163. 

No.  114,  relates  to  the  Great  Seal  of  the  State,  164.  207. 

No.  115,  relates  to  a  limitation  upon  the  tax  rate,  165. 

No.  116,  to  extend  privileges  of  floor  to  certain  persons 
named,  164, 


1860  INDEX. 

No.  117,  relates  to  government  of  State  educational  institu- 
tions, 188. 

No.  118,  to  provide  for  the  payment  of  stationery  and  print- 
ing, etc.,  189. 

No.  119,  relates  to  the  stenographic  report,  189. 

No.  120,  to  reqwire  yea  and  nay  vote  on  all  resolutions  for  the 
payment  of  money,  189,  240. 

No.  121,  relates  to  payment  of  money  from  State  treasury,  190. 

No.  122,  concerning  suffrage,  190. 

No.  123,  to  facilitate  the  work  of  the  Convention,  200. 

No.  124,  relates  to  leaves  of  absence,  200. 

No.   125,  relates  to  reports  of  Committee  on  Rules,  201. 

No.  126,  relates  to  the  formation  of  counties,  201. 

No.  127,  relates  to  ordinances  reported  adversely.  201. 

No.  128,  to  base  representation  in  the  General  Assembly  upon 
the  voting  population  of  the  various  counties  of.  the  State, 
201. 

No.  129,  to  authorize  Committee  on  Legislative  Department 
to  employ  a  clerk,  202. 

No.   130,   relates  to  ordinances   reported   adversely,   201. 

No.  131,  relates  to  jurisdiction  of  Justices  of  the  Peace.  20S. 

No.  132,  requires  Committee  on  Order,  etc.,  to  report  all  sec- 
tions of  present  Constitution  not  amended,  etc.,  208. 

No.  133,  relates  to  reports  of  standing  committees,  209. 

No.  134,  expression  of  sympathy  of  the  members  of  the  Con- 
vention as  to  the  health  of  Gov.  W.  J.  Samfor(J,  209. 

No.  135,  to  abolish  the  office  of  State  and  County  Back  Tax 
Commissioners,  209. 

No.  136,  regulates  leave  of  absence,  209,  259. 

No.  137,  regulates  distribution  of  poll  tax,  209. 

No.  138,  to  reduce  the  tax  rate,  231. 

No.  139,  relates  to  the  printing  of  the  Convention,  231. 

No.  140,  provides  that  no  poll  tax  or  other  privilege  tax  be 
required  of  voters,  231. 

No.  141,  to  amend  subdivision  6,  rule  22,  231,  260. 

No.  142,  in  reference  to  the  death  of  Gov.  W.  J.  Samford,  251. 

No.   143,   in  reference  to  the  funeral  of  Gov.   Samford,   255. 
No.  144.  relates  to  the  successor  in  office  of  Governor,  258. 

No.  145,  to  extend  greetings  to  the  Constitutional  Convention 
of  Virginia,  258. 

No.  146,  in  reference  to  absentees,  368,  300,  379, 


INDEX.  1861 

No.  146  1-2,  relates  to  daily  sessions  of  Convention,  286. 

No.  147,  to  condemn  certain  editorial  utterances  of  the  Mont- 
gomery Advertiser,  286. 

No.  148,  relates  to  adjournment,  287. 

No.  149,  to  extend  privileges  of  the  floor  to  certain  persons 
named,  287. 

No.  150,  to  fix  a  time  for  consideration  of  report  of  Com- 
mittee on  Taxation,  287,  300. 

No.  151,  declaring  sense  of  Convention  as  to  salary  of  Gover- 
nor,   287,    351,    372. 

No.  152,  to  dispense  with  call  for  introduction  of  ordinances 
and   resolutions,    287. 

No.  153,  declaring  the  sense  of  Convention  that  no  per  diem 
be  allowed  any  member  in  excess  of  fifty  days,  297. 

No.  154,  to  condemn  as  unwise  and  unwarranted  a  certain 
editorial  in  the  Montgomery  Advertiser,  297. 

No.  155,  to  amend  Rule  eleven,   300. 

No.  156,  to  fix  hour  of  adjournment,  301. 

No.  157,  to  extend  privileges  of  floor  only  by  unanimous  vote, 
301. 

No.  158,  to  extend  thanks  of  the  Convention  to  certain  parties 
named  for  courtesies  on  the  occasion  of  the  funeral  of  Gov. 
Samford,  301. 

No.  159,  declaring  sense  of  Convention  that  present  school 
appropriations  and  taxes  shall  not  be  reduced,  307. 

No.  160,  extending  sympathy  of  Convention  to  Frank  N.  .Jul- 
ian, Secretary,  for  loss  of  his  brother,  307. 

No.  161,  relates  to  suspension  of  rules,   307. 

No.  162,  relates  to  motions  to  table  and  for  previous  ques- 
tion, 307. 

No.  163,  declaring  sense  of  the  Convention  that  all  officers  be 
elected  by  the  people,  307. 

No.  164,  to  refer  certain  petitions,  etc.,  without  reading,  308. 

No.  165,  to  fix  time  for  daily  sessions.  308. 

No.  166,  to  limit  speeches  to  five  minutes,  308,  440,  553. 

No.  167.  to  appoint  committee  to  prepare  an  address  to  the 
people  on   the  new  Constitution,   323. 

No.  168,  relates  to  binding  laws  of  the  General  Assembly,  323, 
545. 

No.  169,  to  provide  an  index  for  the  stenographic  report,  323, 
587,  1196. 


1862  INDEX. 

No.  170,  welcome  to  the  Alabama  Press  Association,  324. 

No.  171,  extends  greetings  to  Alabama  Press  Association,  341. 

No.  172,  relates  to  repeal  of  the  Fifteenth  Amendment  to  the 
Federal  Constitution,   369. 

No.  173,  to  provide  a  rule  for  the  consideration  of  ordinances, 
etc.,  370. 

No.  174,  to  amend  Rule  17,  370. 

No.  175,  to  regulate  leaves  of  absence,  370. 

No.  176,  to  fix  time  for  consideration  of  report  of  Committee 
on  Preamble,  etc.,   370. 

No.  177,  to  limit  the  time  of  members  in  debate,  380. 

No.  178,  to  instruct  Suffrage  Committee  to  report,  380. 

No.  179,  to  fix  time  of  daily  sessions  of  the  Convention,  381. 

No.  180,  relates  to  educational  needs,  381. 

No.  181,  relates  to  repeal  of  Fifteenth  Amendment  to  Fed- 
eral Constitution,  381. 

No.  182,  to  make  report  of  Committee  on  Local  Legislation  a 
special  order,  382. 

No.  183,  to  regulate  the  number  and  length  of  time  of  speeches 
of  members,  382. 

No.  184,  absentees,  except  on  leave  for  sickness,  not  to  be  al- 
lowed pay,  382,  579,  585,  641. 

No.  185,  relates  to  numbering  sections  of  engrossed  ordinance 
on  Executive  Department,  405. 

No.   186,  relates  to  afternoon  sessions  of  Convention,  405. 

No.  187,  to  regulate  order  of  consideration  of  proposed  arti- 
cles, 426. 

No.  188,  to  provide  for  printing  and  binding  the  Journal  of 
the  Convention,  426,  1041,  1153,  1156. 

No.  189,  correction  of  errors  in  stenographic  report,  426. 

No.   190,   relates  to  amendments   of  committee   reports,   426. 

No.  191,  relates  to  engrossment  of  ordinances,  444. 

No.  192,  to  amend  Rule  36,  444,  588. 

No.  193,  to  incorporate  an  additional  article  in  Constitution, 
444. 

No.  194,  to  reduce  fertilizer  tax,  445,  974,  1106,  1144,  1151. 

No.  195,  authorizing  the  engrossing  and  enrolling  clerk  to 
employ  assistance,  463,  908,  1068. 

No.  196,  to  extend  privileges  of  floor  to  Hilary  A.  Herbert, 
463. 

No.  197,  to  pay  for  stenographic  work,  463. 


INDEX.  1863 

No.  198,  greeting  from  the  people  of  Alal)ama  to  the  people 
of  Cuba,  4o4. 

No.  199.  to  lix  rate  of  payment  for  extra  clerical  assistance 
of  engrossing  and  enrolling  clerk,   464,  908,   1068. 

No.  200,  to  strike  out  Sec.  30,  of  Article  on  Executive  Depart- 
ment,  510,   605. 

No.  201,  to  regulate  the  consideration  of  reports  of  com- 
mittees, 510. 

No.  202.  to  reguiate  afternoon  sessions,  511. 

No.  203,  to  regulate  daily  sessions,  511. 

No.  204,  to  limit  time  for  speeches,  511. 

No.  205,  relates  to  suspension  of  roll  call  for  introduction  of 
ordinances,  etc.,  512,  584. 

No.  206,  to  lim..  length  of  speeches.  512. 

No.  207,  to  fix  time  for  adjournment,  524. 

No.  208,  to  limit  the  length  of  time  for  speeches,  524,  585. 

No.  209.  to  refer  certain  amendments  to  Judiciary  Commit- 
tee,  525. 

No.  210.   to  dispense  with  afternoon  sessions.  525. 

No.  211,  to  reduce  the  fertilizer  tax,  525. 

No.  212,  to  extend  privileges  of  floor  to  J.  J.  Sullivan,  525. 

No.  213,  to  fix  a  time  for  consideration  of  the  report  of  the 
Committee  on  Suffrage,  543,  683. 

No.  214,  relates  to  tax  on  fertilizers,  544. 

No.  215,  extending  congratulations  to  E.  D.  Willett  on  his 
marriage,  uo4. 

No.  216,  to  fix  hours  of  the  Convention,  555. 

No.  217,  to  order  Article  on  Executive  Department  to  a  third 
reading.   556. 

No.  218,  to  observe  Fourth  of  July  by  adjournment.  580. 

No.  219,  to  instruct  Committee  on  Schedule,  Printing  and 
Incidental  Expenses  to  employ  union  labor,  579,  761. 

No.   220,   to   repeal   resolution   No.    184,   579. 

No.  221,  to  adjourn  for  the  Fourth  of  July,  599. 

No.  222,  to  consider  the  report  of  the  Committee  on  Suffrage 
and  Elections,  603. 

No.  223,  to  punish  vagrancy,  603,  975. 

No.  224,  to  fix  hour  for  consideration  of  report  of  Committee 
on  Suffrage  and  Elections,  603. 

No.  225,  to  fix  hour  of  adjourament,  625. 

No.  226,  to  place  two  additional  fans  in  the  hall,  625. 

No.  227,  relates  to  leaves  of  absence,  625. 


1864  INDEX. 

No.   228,   to  appoint   a  Committee  on   Engrossment,   625,   683, 

744. 
No.   229,  to  print  300   copies  of  the  articles  of  the   Constitu- 
tion after  they  have  been  adopted,  626,  683. 
No.    230.    to    preserve    copies    of   the    stenographic    report    for 

certain  State  educational  institutions,  626,  1650. 
No.  231,  to  reconsider  resolution  No.  184,  641. 
No.  323,  to  extend  privilege  of  floor  to  Bernard  Harwood,  663. 
No.  233,  to  set  apai-t  certain  time  for  speeches  of  members  of 

the   Convention,   671. 
No.  234,  to  hold  evening  sessions,  681. 
No.  235,  relates  to  reduction  of  expenses,  681. 
No.  236,  relates  to  powers  of  municipal  corporations  to  create 

debts,   681. 
No.  237,  to  dispense  with  certain  committee  clerks,  681,   705. 

744. 
No.  238,  to  uischarge  five  pages,  713. 

No.  239,  to  expedite  the  business  of  the  Convention,  713. 
No.  240,  to  place  four  additional  fans  in  the  hall,  723. 
No.    241,  to   extend   privileges   of   floor     to     certain     persons 

named.  723. 
No.  242,  to  regulate  the  official  stenographers,  750. 
No.  243,  to  discontinue  the  stenographic  report,  751. 
No.  244,  to  require  pairs  to  be  in  writing,  751. 
No.  245,  relates  to  the  free  discussion  in  open  Convention  of 

all  matters  coming  up  for  attention,  760. 
No.  246,  to  reduce  the  tag  tax,  775,  1386,  1415. 
No.  247,  extends  sympathy  to  Hon.  James  L.  Pugh  in  his  sick- 
ness, 775. 
No.  248,  to  fix  time  for  consideration  of  report  on  Suffrage  and 

Elections,  775. 
No.  249,  to  regulate  motions  to  reconsider.  804. 
No.  250  ,to  regulate  motions  to  lay  on  table  and  calls  for  the 

previous  question,  804. 
No.   251,   to   adjourn   the   Convention     from     Montgomery   to 

Bellevue  Hotel,  near  Gadsden,  846. 
No.  252,  to  render  thanks  to  God  for  the  welcome  and  copious 

showers  of  rain,  846. 
No.  253,  to  regulate  length  of  speeches,  847. 
No.  254,  to  extend  privileges  of  floor  to  John  H.  Bankhead,  846. 


INDEX.  1865 

No.  255,  to  remove  all  limit  on  debate  on  the  report  of  the 
Committee  on  Suffrage  and  Elections,  865. 

No.  256,  in  relation  to  the  pay  of  members,  889. 

No.  257,  for  final  adjournment,  902. 

No.  258,  relates  to  expenses  of  the  Convention,  903. 

No.  259,  to  instruct  Committee  on  Corporations  to  report,  903. 

No.  260,  to  fix  the  hour  of  adjournment,  905. 

No.  261,  to  direct  Secretary  to  procure  a  copy  of  the  opinion  of 
the  Attorney  General  as  to  the  right  of  the  Convention  to 
appropriate  pay  to  its  members  beyond  the  time  fixed  in  the 
enabling  act,  905. 

No.  262,  relates  to  the  use  of  free  passes,  906. 

No.  263,  to  regulate  per  diem  of  members  after  expiration  of 
the  fifty  days'  limit,  915. 

No.  264,  to  change  Rule  36,  916. 

No.  265,  to  extend  thanks  to  Secretary  and  Reading  Clerk 
for  able  service.  916. 

No.  266,  to  grant  leave  of  absence  to  Capt.  John  F.  Burns,  939. 

No.  267,  providing  special  rule  for  the  consideration  of  report 
of  Committee  on  Suffrage  and  Elections,  942. 

No.  268,  to  print  1,000  copies  of  speech  of  T.  W.  Coleman,  954. 

No.  269,  to  provide  that  electors  may  express  by  ballot  then- 
choice  for  United  States  Senators,  954,  975. 

No.  270,  to  print  5,000  copies  of  speech  of  John  B.  Knox,  976. 

No.  270  (sic.)  to  print  3,000  copies  of  speech  of  Gregory  L. 
Smith,  981. 

No.  271,  to  print  5,000  copies  of  speeches  of  Messrs.  Dates, 
White  and  Jones,  981. 

No.  272,  to  fix  hour  of  adjournment,  981. 

No.  273.  to  print  5,000  copies  each  of  the  speeches  oi  Messrs. 
Gates,  Harrison,  White,  Dent  and  Jones  in  pamphlet  form, 
985. 

No.  274,  to  limit  length  of  speeches,  986. 

i>o.  275,  to  print  5,000  copies  of  speech  of  Mr.  Sollie,  988. 

No.  276,  to  fix  time  of  future  daily  sessions,  991. 

No.  277,  to  appoint  special  committee  to  ascertain  cause  of  de- 
lay and  confusion  in  delivery  and  distribution  of  mails,  1007. 

No.  278,  to  instruct  Secretary  to  purchase  necessary  parch- 
ment for  enrolling  the  Constitution,  1007. 

No.  279,  to  regulate  time  of  length  of  speeches,  1008. 

No.  280,  to  regulate  registration,  1008. 

iNO.  281,  to  fix  a  day  for  final  adjournment,  1041. 


1866  INDEX. 

No.  282,  to  print  stenographic  report  of  the  first  three  days' 
proceedings  of  the  Convention,  1041,  1395. 

No.  283,  to  authorize  Secretary  to  employ  a  competent  person 
to  enroll  Constitution  on  parchment,   1067. 

No.  284,  to  amend  Sec.  29  of  Article  on  Judiciary,  1088. 

No.  285,  to  extend  sympathy  of  Convention  to  Thomas  G. 
Jones  on  the  tragic  death  of  his  daughter,  1106. 

No.  286,  to  prohibit  leaves  of  absence  except  for  sickness,  1126. 

No.  287,  relates  to  the  distinction  between  grand  and  petit 
larceny,  1126. 

No.  288,  relates  to  service  of  the  Montgomery  Street  Railway, 
1147. 

No.  289,  relates  to  Sec.  28  of  Article  on  the  Judiciary,  1170. 

No.  290,  to  rescind  Rule  43,  1194. 

No.  291.  relates  to  petitions  received  by  the  Convention  pro- 
testing against  the  pass  evil,  1195. 

No.  292,  to  fix  hour  of  adjournment,  1226. 

No.  293,  to  print  stenographic  report  of  the  first  three  days' 
proceedings  of  the  Convention,  1245,  1395. 

No.  294,  providing  for  a  recess  of  the  Convention,  1245. 

No.  295,  to  prevent  bastards  from  voting,  1245. 

No.  296,  to  fine  absentees.  1275. 

No.  297,  relates  to  election  of  Solicitors,  1290. 

No.  298,  to  instruct  enrolling  and  engrossing  clerk  to  employ 
an  assistant,  1292. 

No.  299,  relates  to  introduction  of  ordinances,  etc.,  1331. 

No.  300,  relates  to  free  pass  evil,  1331. 

No.  301,  to  print  Constitution  in  pamphlet  form.  1332,  1653. 

No.  302,  relates  to  afternoon  sessions  of  Convention,  1332. 

No.  303,  relates  to  election  of  Solicitors,   1332. 

No.  304,  in  reference  to  taking  the  Article  on  Judiciary  from 
the  table,  1352,  1357. 

No.  305,  to  reduce  the  expenses  of  the  Convention,  1352. 

No.  306,  to  withdraw  ordinance  429,  relating  to  quadrennial 
sessions  of  the  Legislature  from  the  Committee  on  Legis- 
lative Department,  1353. 

No.  307,  to  extend  privileges  of  the  floor  to  Hon,  G.  W.  Taylor 
and  to  Hon.  O.  W.  Underwood,  1353. 

No.  308,  to  extend  privileges  of  the  floor  to  D.  M.  Powell,  1353. 

No.  309,  to  extend  the  sympathy  of  the  Convention  to  Messrs. 


INDEX.  1867 

A.  H.  and  M.  S.  Carmichael  on  the  death  of  their  brother, 

1353. 
No.  310,  to  fix  hour  of  adjournment,  1379. 
No.  311,  relates  to  delays  in  printing  for  Convention,  1380. 
No.   312,   to  prohibit  bastards  from  voting. 
No.  313,  to  extend  sympathy  of  the  Convention  to  Mr.  Sollie 

on  the  death  of  his  wife,  1414. 
No.  314.  relates  to  election  of  Sheriffs,  1414,  1415. 
No.  315,  to  raise  a  special  committee  of  five  to  report  a  plan 

to  expedite  the  completion  of  the  work  of  the  Convention, 

1436. 
No.  316,  concerning  eligibility  to  office,  1428,  1477. 
.Vo.  317,  extending  thanKS  and  expressions  of  appreciation  to 

'i'homas  'W.  Coleman,  delegate  from  Greene  county,  1428. 
No.  318,  tendering  thanks  to  the  Mobile  Register  and  the  Tus- 

kegee  News  for  complimentary  copies  of  those  papers,  1429. 
No.   319,   relates  to   introduction  of  amendments  after   recess 

of  Convention,  1470,  1476. 
No.  320,  to  raise  a  committee  of  five  to  prepare  an  address  to 

the  people  on  the  new  Constitution,  1473,  1476. 
No.  321,  providing  an  attestation  clause,  1473. 
No.  322,  to  extend  for  two  years  the  terms  of  officers  whose 

terms  of  office  expire  in  1904,  1473,  1602. 
No.  323,  to  raise  a  committee  on  enrollment  of  Constitution  on 

parchment,   1479,   1481. 
No.  324,  to  provide  for  taking  steps  to  secure  a  fair  election 

on  the  submission  of  the  Constitution,  and  providing  for  a 

contest  of  the  result,  1479. 
No.  325,  to  fix  hour  of  adjournment,  1523. 
No.  325,  {sic.)  to  continue  in  ofllce  until  1906  all  officers  whose 

terms  expire  in  1904,  1553,  1577. 
No.  326,  to  allow  mileage  to  the  pages  of  the  Convention,  1553. 
No.  327,  to  fix  the  hour  of  adjournment,  1554. 
No.  328,  to  allow  mileage  to  the  members  of  the  Committee 

on  Order,  etc.,  1554.  1606. 
No.  329,  to  fix  the  time  of  final  adjournment,  1554. 
No.  330,  to  revoke  all  leaves  of  absence,  1554,  1605. 
No.  331,  to  fix  hour  of  adjournment,  1601. 
No.  332,  to  print  the  old  and  new  Constitutions  in  parallel 

columns,  1643. 


1868  INDEX. 

No.  333,  relates  to  securing  a  fair  and  honest  election  on  the 
question  of  ratification  of  the  Constitution,  1643. 

No.  334,  providing  for  a  roll  call  in  order  that  absent  dele- 
gates may  have  opportunity  to  record  their  votes  for  or 
against  adoption  of  the  Constitution,   1644. 

No.  335,  providing  for  the  signing  of  the  Constitution  by  dele- 
gates on  roll  call,  in  alphabetical  order,  1657. 

No.  336,  extends  thanks  to  John  B.  Knox  for  his  distinguished 
services  to  the  people  of  Alabama  as  President  and  member 
of  the  Convention,  1658. 

No.  337,  tenders  thanks  to  clerical  force  of  the  Convention,  1658. 

No.  338,  tenders  thanks  to  the  stenographers  of  the  Conven- 
tion, 1658. 

No.  339,  tenders  thanks  to  the  ministers  of  the  city  for  their 
faithful  attendance  and  conducting  religious  services  daily, 
1658. 

No.  340,  to  instruct  tlie  Secretary  to  mail  four  copies  of  the 
stenographic  report  of  the  eighty-second  day  to  each  member 
of  the  Convention,  1659. 

No.  341,  extends  thanks  to  the  ladies  of  the  White  House  Asso- 
ciation, 1659. 

No.  342,  extends  thanks  to  the  doorkeepers  and  pages,  1659. 

No.  343,  extends  thanks  to  W.  F.  Herbert,  assistant  Secretary, 
1659. 

No.  344,  to  permit  any  delegate  within  ten  days  after  adjourn- 
ment to  sign  the  Constitution,  1659. 
REVENUE  BILLS. 

Constitutional   provisions,   1677. 
REYNOLDS,  LEWIS  H.    (Chilton),  4,  1781,  1784. 

Resolution  88,  relating  to  terms  of  county  officials,  137. 

Resolution  89.  relating  to  passage  of  stock  laws,  137. 

Resolution  90,  relating  to  marriage  after  divorce,  137. 

Ordinance  336,  to  regulate  and  control  employment  of  chil- 
dren in  factories,  etc.,  210. 

Ordinance  337,  to  amend  Sec.  5,  Art.  VIH,  Constitution,  210. 

Ordinance  338,  to  amend  Sec.  2.  Art.  VIH,  Constitution,  210. 

Ordinance  339,  to  amend  Art.  VIH,  by  adding  Sees.  8  and  9, 
211. 

Resolution  178,  to  instruct  Suffrage  Committee  to  report,  380. 

Ordinance  405,  to  prohibit  newspaper  representatives  from 
accepting  a  free  pa^s,  513. 


INDEX.  1869 

Ordinance    430,    to   fix   liability   of    stockholders    in    incorpor- 
ated banks,  916. 
Resolution  324.  to  provide  for  taking  steps  to  secure  a  fair 
election  of  the  Constitution,  etc.,  1479. 
REYNOLDS,  R.   J.    (Henry),   5,   1781,   1784. 
RCHARDSON,  WILLIAM. 

Privileges  of  floor  extended,  154. 
RIGHTS,  DECLARATION  OF. 

Constitutional  provisions,  1664. 
ROBINSON,   EDWARD  M. 

Privileges  of  floor  extended,  287. 
ROBINSON.   J.   J.,   5,   1781,   1783. 

Ordinance  39,  to  amend  Sec.  1,  Art.  XIII,  Constitution,  88. 
Ordinance  160,  to  amend  Sec.  32,  Art.  IV,  Constitution,  121. 
Ordinance  161.  to  amend  Sec.  6,  Art.  XIII,  Constitution,  121. 
Ordinance  260,  to  amend  Sees.  1  and  3,  Art.  VIII,  Constitu- 
tion, 174. 
Minority  report  from  Committee  on  Impeachments,  709. 
Resolution  257,  for  final  adjournment,  902. 
ROGERS,  C.  P.  SR.   (Lowndes),  5,  1781,  1783. 

Resolution  to  regulate  the  hour  of  adjournment,  32. 

Ordinance  266,  to  amend  Sec.  1,  Art.  II,  Constitution,  174. 

Ordinance  398,  to  amend  Sec.  17,  Art.  XIV,  Constitution,  427. 

Resolution  192,  to  amend  rule  36,  444,  588. 

Resolution  210,  to  dispense  with  afternoon  sessions,  525. 

Resolution  264.  to  change  rule  36,  916. 

Resolution  301,  to  print  Constitution  in  pamphlet  form,  1332, 

1653. 
Resolution  340,  to  instruct  the  Secretary  to  mail  four  copies 
of  the  stenographic  report  of  the  eighty-second  day  to  each 
member  of  the  Convention,  1659. 
ROGERS,  JOHN  A.,   (Sumter),  5,  1781,  1785. 

Resolution  to  provide  for  compilation  of  suffrage  provisions 

in  various  State  Constitutions,  35,  108. 
Resolution  81,  relating  to  ante-election  pledges  of  the  Demo- 
cratic platform,  128. 
Resolution   104,    relates  to   delay   in   printing   compilation   of 

suffrage  provisions,  160. 
Ordinance  370,  relates  to  the  meeting  of  the  Legislature,  258. 
Resolution  372,  relates  to  the  duty  and  powers  of  the  joint 


1870  INDEX. 

committee  and  the  Speaker  of  the  House  in  canvassing  the 

returns  of  tne  State  elections,  285,  375. 
Ordinance  406    to  limit  amount  ot  tax  on  fertilizers,  etc.,  526. 
Minority  report  from  Committee  on  Education,  731. 
Resolution   242,   to   regulate   the  official   stenographers,    750. 
Question  of  privilege,  1601. 
ROLL  CALL. 

Effort  to  dispense  with,  129. 
ROUNTREE,  J.    A. 

Communication   from  Alabama   Press   Association,    359. 
RULES  OF  THE  CONVENTION,  INDEX  TO. 

(Figures  in  parenthesis  refer  to  the  number  of  the  rule,  fol- 
lowed by  the  number  of  the  page  of  the  Journal). 
Absentees   may   be  sent  for    (Rule   33),    62. 

No  delegace  to  absent  himself    (39),   63. 
Adjourn,  motion  to,  precedence  of    (25),   60. 

When  in  order   (26),  61. 

Motion  to  fix  the  time  to  which  to  adjourn   (25j,  60. 
Amendment,  motion  to  amend,  precedence  of    (25),   60. 

Blanks,  filing,  treated  as   (31),  62. 

Minority  report,  treated  as  (51),  67. 

Of  rules  (57),  69. 
Announcing  the  Vote   (3),  55. 
Appeals  from  Decision  of  Chair. 

On  points  of  order  not  debatable,  exception    (2-12),  55-7. 

Not  to  be  put  unless  seconded   (2),  55. 
Applause  not  permitted   (20),  59. 
Ayes  and  Noes,  on  final  adoption  of  article,  etc    (49).  66. 

Alphabetically  called   (34),  63. 

Inquiry  as  to  question  pending,  call  of   (35).  63. 

When  call  for  sustained    (36).   63. 

Effect  of  tie  on  roll  call    (38),  63. 

Not  visit  Secretary's  desk  pending  call  of    (15),  58. 
Blanks,  filing  of   (31),  62. 
Business,  Order  of   (22),  59. 
Calendar,  President  may  order  printed   (5),  56. 
Call  of  the  House,  when  may  be  made  (33).  62. 
Call  of  delegates  to  order  (12),  57. 
Chairmen  of  Committees   (45-46),  65. 
Clerks  of  Committees,  terms   (7),  56.  ' 

What  committees  entitled  to    (42),  65. 


INDEX.  1871 

Commit,  motion  to,  precedence  of  (25),  60. 
Committees,  appointment  of   (41),  64. 

Clerlts  of,  terms    (7),  56. 

What  committees  entitled  to  clerks    (42).  65. 

Chairman  of,  President  designates   (45),  65. 

Temporary  Chairman  of    (46),  65. 

Quorum,   majority  constitutes    (41),  64. 

Not  to  sit  during  the  session   (44),  65. 

Recalling  matters  from    (43),  65. 

Select  and  standing,  precedence  in  motion  to  refer  (29),  62. 

Standing  Committees,  list  of   (41),  64. 

Constitution,    report    of    to    Convention,    how    acted    upon, 
(43),  65. 
Debate,  no  member  to  speak  but  once  (14),  58. 

On  appeal  from  decision  on  point  of  order   (2),  55. 

Previous  question,  right  to  close  on  call  of   (17-18),  58. 

No  delegate  to  speak  longer  than  30  minutes  (14),  58. 

Not  allowed  on  motion  to  adjourn  (26),  61. 

Decorum   in,   generally    (11-16),   57. 
Decorum  in  debate   (11-15,  16),  57. 

In  hall,  during  session    (15),  58. 
Definition    of    "ordinance,"    "resolutions,"    as    used    in    rules. 

(54).  68. 
Delegates,  duties  of,  while  Convention  in  session    (15),  58. 

Calling  of  to  order  (12),  57. 

Signatures  of,  to  Constitution   (53),  56. 

Attendance  required  of   (39),  63. 

Violation  of  rules  by   (12),  57. 

Right  to   inc^uire  as   to   pending  question   during  roll   call, 
(35),   63. 

Required  to  vote  on  all  questions   (38),  63. 

Disorderly  conduct,  by  delegate   (12),  57. 

In  lobby  or  gallery   (21),  59. 
Division  of  Convention,  after  viva  voce  vote    (13),  55. 

Of  question    (37),  63. 

Division  of  question    (37),  63. 
Doorkeeper,  duties  of   (10),  57. 

Engrossment,  etc.,  of  ordinances   (52),  67. 

Of  Constitution    (53),  67. 

Explanation  of  vote   (40),  64. 
Filling  Blanks    (40),   64. 


1872  INDEX. 

Fix  the  time  to  which  to  adjourn,   motion  to  precedence  of 

(25),   60. 
Floor,  how  to  obtain   (.11),  57. 
Form  of  stating  and  putting  questions  (3),  55. 

Of  previous  question    (17),  58. 
Gallery,   disorderly  conduct   in    (21),  59. 
Hall  of  Convention,  in  charge  of  doorkeeper   (10),  57. 

Who  entitled  to  privileges  of   (56),  68. 
House,  call  of  the,  when  made  (33),  62. 
Indecorum,  leave  to  continue  speaking  after   (12),  57. 
Indefinite   postponement,   precedence  of    (25),   60. 
Journal;   kept  by  Secretary   (8),  56. 

Article  on  section,  with  vote  upon,  to  be  spread  upon   (49), 
66. 
Lay  on  the  table,  motion  to,  precedence  of   (25),  60. 
Leave,  absence  on   (39),  63. 

Lobby,  disordily  conduct  in   (21),  59. 
Who  entitled  to  privileges  of  (56),  68. 
Minority  report,  of  committees  (51),  67. 
Motions. 

Adjourn,  fix  time  to  which  to,  order  of  precedence  (25),  60. 
Adjourn,   order  of  precedence    (25),   60. 
Table,  to  lay  on,  order  of  precedence   (25),  60. 
Effect  of  motion  to  (32),  62. 
Previous  question,  for   (17),  58. 
Order  of  precedence  of   (25),  60. 
Postponement  to  certain  day,  order  of  precedence  of   (25), 

60. 
Commit,  order  of  precedence  of  (25).  60. 
Amend,  order  of  precedence  of    (25),  60. 
Indefinitely  postpone,  order  of  precedence  of    (25),   60. 
Appeal  (2),  55. 
Blanks,  filing  of   (31),  62. 
Divide  the  question  (37),  63. 
Leave  to  withdraw  motion   (24),  60. 
Recommit  (48),  66. 

Reconsider,  when  made  and  considered  (27),  61. 
Order  of  precedence    (30),  62. 
Special  order  to  make  (30),  62. 
Suspension  of  rules  (55),  68. 
Withdrawal  of  motion  (24),  60. 


INDEX.  1873 

When  to  be  in  writing  (23),  60. 

How  to  be  stated  and  put  (3-23),  55. 
Obtaining  the  Floor  (13),  58. 
Ofticers  of  Convention;   terms  of   (7),  56. 
Ordinances;  to  be  signed  by  President  (6),  56. 

Definition  of  (54),  68. 

Engrossment,  etc.  of  (52),  67. 

Minority  reports  on    (51),  6/. 

Title,  form  of  ,etc.   (50),  67. 

Recommitment  of  (48),  66. 

Introduction,  etc.   (47),  66. 

Consideration  of   (47),  66. 

Regisiter  of   (9),  56. 
Order,  questions  of,  and  call  to  (2),  55. 

Rights  and  duties  of  the  President  as  to  (2),  55. 

Of  business   (22),  56. 

Special   (30),  62. 

Of  precedence  of  motions  (25),  60. 

Personalities,  not  to  be  indulged  in  (16),  50. 
Postpone  to  a  certain  time,  precedence  of  (25),  60. 

Indefinitely,   precedence   of    (25),   60. 
Precedence  of  motions  (25),  60. 
President  opens  daily  sessions  (1),  55. 

General  duties  as  presiding  officer  (2),  55. 

Questions,  how  put  and  decided  (3),  55. 

Temporary,  may  designate  (4),  55. 

Calendar,  may  order  printed    (5),  56. 

Signature  of,  to  what  required   (6),  56. 

Lobby  and  gallery,  may  order  cleared   (2),  55. 
Previous  question  (17,  18,  25),  58,  59. 
Printing  of  Ordinances  (47),  66. 
Putting  questions,  form  of   (3),  55. 
Questions,  (see  Form,  Motions,  Stating  and  Putting). 

How  put  and  decided  (3),  55. 

Division  of  (37),  63. 
Quorum,  consists  of  majority   (33),  62. 
Recalling  maitters  from  committee    (43),  65. 
Reconsider  motion  to,  when  made  and  considered  (27),  61. 

Has  precedence  of  special  orders  (30),  62. 
Refer  (same  as  commit). 
Reports  of  committees,  minority,  how  considered   (51).  67, 

118 


1874  INDEX. 

Resolutions,  referred  to  Rules  Committee   (28),  61. 

Definition  of  (54),  68. 
Roll  call,  on  ayes  and  noes   (34),  63. 

For  introduction  of  resolutions,  etc.    (22),  59. 
Rules,  suspension  of  (55),  68. 

Recission  of  (57),  69. 

Violation  of,  punished   (57),  69. 
Sergeant  at  Arms   (10),  57. 
Secretary,  required  to  keep  register  (9),  56. 

Visiting  desk  of  (15).  58. 

Duties  of  (8-9),  56. 

Journal,  kept  by   (8),  56. 
Sessions  of  Convention,  opening  of  daily   (1),  55. 
Smoking,  not  allowed   (19),  59. 
Speaking,  rules  of   (2-14),  55-58. 
Sickness,  absence  on  account  of  (39),  63. 

Of  Chairman  on  account  of  (46),  65. 
Special  orders   (30),  62. 
Stating  a  question,  form  of  (3),  55. 
Suspension  of  rules  (55),  68. 
Table,  motion  to  lay  on   (25),  60. 

Motion  to  lay  on,  effect  of  (not  remove  main  question)    (32), 
62. 
Unfinished  business,  place  in  order  of  business  (22),  59. 
Vote,  announcement  of  (3).  55. 

Taken  by  ayes  and  noes,  rules  relating  to  (34,  35,  36.  38,  49). 
63,  66. 

Every  delegate  required  to    (38),   63. 

Effect  of  tie  (38),  63. 

Explanation  of  (40),  64. 

Final,  on  Constitution  (53), 
Withdrawal  of  motion  (24),  60. 
Yeas  and  Nays,  voting  by. 

When  being  called  no  delegate  to  visit  Secretary's  desk  (15). 
58. 

On  final  adoption  of  article,  etc.   (49),  66. 

Alphabetically  called   (34).  63. 

Inquiry  as  to  question  pending  call   (35),  63. 

When  call  for  sustained   (36),  63. 

Tie  vote  on  call  of,  effect  (38),  63. 

Secretary's  desk  while  called,  delegates  nol  to  visit  (15).  58. 


iNl)EX.  1875 

ST.   CLAIR  COUNTY. 

Ordinance  390,  providing  for  a  court  house  and  jail  on  south 
side  of  Back  Bone  Mountain,  326,  371. 

Report  of  committee  on,  489. 

Considerationof  ordinance  390,  1229,  1234,   1247,   1381. 

Engrossment  ordered,  1234. 

Reconsideration,  1247. 

Ordinance  449,  1247,  1324,  1444. 

Third  reading  of  ordinance  390,   1389. 
SAMFORD,  WM.  H.,  5,  1781,  1783. 

Ordinance  40,  to  restrict  the  issuance  of  bonds  by  muni- 
cipal  corporations,    88. 

Ordinance  41.  to  provide  for  the  deposit  of  State  funds  in 
State  banks,    88. 

Ordinance  162,  to  provide  for  the  distribution  of  school  funds, 
121. 

Ordinance  328,  to  amend  Sec.  21,  Art.  I,  Constitution,  204. 

Resolution  246,  to  reduce  the  tag  tax,  775,  1386. 

Ordinance  439,  to  amend  Sec.  2,  Ai'ticle  on  Suffrage  and 
Elections  in  regard  to  the  voting  of  ministers  of  the  gos- 
pel, 1089. 

Resolution  286,  to  prohibit  leaves  of  absence  except  for  sick- 
ness, 1126. 

Resolution  298,  to  instruct  enrolling  and  engrossing  clerk  to 
^      employ   an    assistant,    1292. 

Resoluttion   321,   to   raise  a   committee   of  five   to   prepare  an 
address  to  the  people  on  the  new  Constitution,  1473,  1476. 
SAMFORD,  GOV.  WM.  J. 

Resolution  134,  expressive  of  sympathy  for,  209. 

Resolution  142,  in  reference  to  the  death  of,  251. 

Committee  to  escort  remains  to  Montgomery,   252. 

Remains  to  lie  in  state,  252. 

Convention  to  adjourn  vi^hile  remains  lie  in  state,  252,  255. 

Delegates  attend  funeral,   255. 
SANDERS,  W.    T.,   5,   1781,  1782. 

Ordinance  42,  to  amend  Sec.  1,  Art.  X,  Constitution,  89. 

Ordinance  43,  to  amend  Sec.  2,  Art.  X,  Constitution,  89. 

Ordinance  44,  to  amend  Sec.  3,  Art.  X,  Constitution,  89. 

Resolution  69,  relating  to  suffrage  reform,  124. 

Ordinance  163,  to  amend  Art.  VIII,  Constitution,  140. 

Resolution  124,  relates  to  leave  of  absence.  200. 


1876  INDEX. 

Resolution  171,  extends  greetings  to  the  Alabama  Press  As- 
sociation,  341. 

Motion  to  print  5,000  copies  of  speech  of  Dr.  Cunningham, 
983. 

Resolution    325,    to    continue    in    office    until    1906    all    officers 
whose  terms  expire  in  1904,  1553. 
SANFORD,  JOHN  W.  A.,  5,  1781,  1785. 

Resolution  to  defer  action  on  proposition  to  amend  Constitu- 
tion until  committees  are  appointed,   23. 

Ordinance  45,  to  prohibit  a  sentence  for  contempt  of  court, 
etc.,  without  trial  by  jury,  89,  93. 

Ordinance  46,  to  establish  Executive  Department  of  Ala- 
bama,  89. 

Resolution  84,  relating  to  the  introduction  of  ordinances  and 
resolutions,  136. 

Ordinance  164,  to  amend  Sec.  54,  Art.  IV,  Constitution,  140. 

Ordinance  165,  to  prohibit  General  Assembly  from  abolish- 
ing military  system  of  education  in  the  University  of  Ala- 
bama, and  ihe  Ala.  Pol.  Institute,  140. 

Ordinance  166,  to  amend  Sec.  2,  Art.  I,  Constitution,  140. 

Resolution  114,  relates  to  Great  Seal  of  the  State,  164,  207. 

Ordinance  280,  to  establish  a  bureau  of  industrial  resources, 
177. 

Question  of  privilege,  180. 

Ordinance  310,  to  constitute  the  Governor,  the  Secretary  of 
State,  Auditor  and  Treasurer  Railroad  Commissioners,  193. 

Ordinance  311,  to  change  the  area  of  counties,  193. 

Ordinance  329,  to  strike  out  Sec.  35,  Declaration  of  Rights, 
204. 

Ordinance  340,  to  amend  Sec.  31,  Art.   IV,  Constitution,  211. 

Ordinance  349,  to  establish  a  Great  Seal  for  Alabama,  233. 

Ordinance  360,  to  prohibit  ownership  of  real  estate  by  per- 
sons owing  allegiance  to  foreign  governments,  238. 

Ordinance  396,  to  prohibit  lotteries,  gift  enterprises,  etc.,  405. 

Minority  report  from  Committee  on  Municipal  Corporations, 
413. 

Ordinance  407,  to  authorize  the  General  Assembly  to  amend 
the  Constitution  of  the  State,  526. 

Ordinance  422,  to  fix  the  liability  of  holdei-s  of  corporation 
stock,    847. 

Ordinance  432,  authorizing  the  Legislature  to  construct  a 
canal  from  the  city  of  Birmingham  to  the  Warrior  River, 
939. 


INDEX.  1877 

Ordinance  433,  to  limit  ownership  of  land  by  corporations,  939. 
Ordinance    450,    to    prohibit    municipalities    from    granting    a 

longer  franchise  than  for  fifty  years,  1290. 
Ordinance  454,  to  repeal  ithe  part  of  Sec.  11,  Article  on  Muni- 
cipal corporations,  relating  to  Montgomery,  1333. 
Resolution  335,  providing  for  the  signing  of  the  Constitution 
by  delegates,  on  roll  call,  in  alphabetical  order,  1657. 
SCHEDULE. 

Of  the  new  Constitution,  1743. 
SCHEDULE,    PRINTING    AND    INCIDENTAL    EXPENSES.    COM- 
MITTEE ON. 
Reports  from  Committee  on   resolution   120,   240. 
Reports,   493,    588,    692,    761,   807,   982,    1041,    1126,    1234,    1356, 

1449,  1644,  1652.  1749,  1751. 
Article  of  Constitution   proposed   by,   1450. 
Article    of    Constitution,    engrossment    ordered,    1454. 
Report  on  ordinance  No.  415,  1481. 
Report  on  ordinance  No.  459,  1577. 
Reconsideration,    1652,    1657. 
SCHOOL   CENSUS. 

Constitutional  provisions,  1737. 
SCHOOL   FUNDS. 

Constitutional   provisions,   1734. 
SCHOOLS,    (see   Education). 
SCOTT,  S.  S. 

Privileges  of  floor  extended,  622. 
SEAL  OF  STATE. 

Ordinance  349,  to  establish  a  Great  Seal  of  State,  233. 
Resolution    appointing    committee    to    design    a    Great    Seal, 

164,   180. 
Resolution  reported  without  recommendation,  and  on  a  vote 

upon  its  adoption,  defeated,  207-8. 
Section  22  of  report  of  Committee  on  Executive  Department, 

224,  259. 
Considered   in  Convention,   327,   348. 
Final  Constitutional  provisions  as  to    (133-184),   1694. 
SEARCY,  GEORGE  A..  5,  1781,  1783. 

Resolution    105,    to    authorize    Auditor    to    pay    official    steno- 
grapher, lol,   181.   186. 
Ordinance  243,  to  amend  Sec.  5,  Art.  XI,  Constitution,  172. 
Ordinance  244,  relajtes  to  a  depository  of  State  funds.  172. 
SEAT  OF  GOVERNMENT  ,(see  Capital). 
SEATING  DELEGATES,  23,  24,  25,  29,  SO,  36. 


18^8  Index. 

SECRETARY  OF   STATE. 

Stenographic  reports  to  be  deposited  with,  74,  233,  234. 

Constitutional  provisions,  1686. 
SELHEIMER,  HENRY  C,  5,  1781,  1784. 

Ordinance  167,  to  amend  Sec.  29,  Art.  IV,  Constitution,  140. 

Ordinance  168,  to  amend  Sec.  13.  Art.  V,  Constitution,  141. 

Ordinance  281,  relating  to  the  Judiciary,  176. 

Ordinance  282,  to  exclude  from  any  limitation  upon  the  in- 
debtedness of  municipal  corporations,  obligations  or  bonds 
issued   for  street   improvements,    176. 
SENATORIAL   DISTRICTS,   1718. 
SENATORS. 

Constitutional   provisions.   1671,   1672,   1673. 
SENTELL,  J.  O.,  5,  1781,  1784. 

Ordinance  169,  to  amend  Sec.  2,  Art.  X,  Constitution,  141. 

Ordinance   238,   relating  to  education,   176. 

Minority  report  from  Committee  on  State  and  County  Boun- 
daries,   452. 

Resolution   218,   to   observe   Fourth   of  July   by   adjournment. 
580. 

Resolution  227,  relating  to  leaves  of  absence,  625. 

Resolution  274,  to  limit  length  of  speeches,  986. 
SHEFFIELD,  TOWN  OF,  1167,  1213,   1727. 
SHELBY   COUNTY, 

Ordinance  170,  to  declare  null  and  void  act  of  March  5,  1901, 
I'elating  to  county  seat  of,  141. 

Memorial  in  opposition  to  ordinance  No.  170,  165. 

Report  of  Committee  on  State  and  County  Boundaries,  as  to, 
448. 

Ordinance  438,  relates  to  removal  of  county  seat,  1089. 

Provision  to  establish  an  additional  court  house  and  jail  for 
Shelby  county,   1231,   1247,   1324,   1444. 

Final  constitutional  provisions  as  to    (Sec.  41),  1670. 
SHERIFFS. 

Constitutional'  provisions,  1695. 
SHERIFFS',   CLERKS'  AND   REGISTERS'   ASSOCIATION. 

Memorial,  465. 
SLOAN,  J.  B.,  5,  1781,  1784. 

Resolution  x65,  to  fix  time  for  daily  sessions,  308. 

Resolution  302,   relates  to  afternoon   sessions  of  Convention, 
1332. 


INDEX.  1879 

SMITH,  GREGORY  i..,  5,   1781,   1783. 

Resolution  to  appoint  Committee  on  Rules,  22. 

Question  of  privilege,  737. 

Reports  of  Committee  on  Rules,  107,   132,   154,  181,   207.   259, 

300,  379,  440,  584,  683,  705,  847,  942. 
Ordinance  437,  to  exempt  Confederate  soldiers  from  taxation, 

1088. 
SMITH.  MAC.  A.,  5,  1781,  1784. 

Resolution  115,  relates  to  a  limitation  upon  the  tax  rate,  164. 
Ordinance  284,  to  amend  Sec.  23,  Art.  IV,  Constitution,  176. 
Ordinance  285,  to  prohibit  the  delegation  of  authority  to  levy 

taxes,  177. 
Ordinance  286,  ito  prevent  the  contracting  of  a  debt  beyond 

the  revenues  of  the  State  to  meet,  177. 
Ordinance  312,  to  amend  Sec.  2,  Art.  XVII,  Constitution,  193. 
Resolution  127,  relates  to  ordinances  reported  adversely,  201. 
Ordinance  350,  to  amend  Sec.  1,  Art.  XIV,  Constitution,  233. 
Ordinance  361,  to  amend  Sec.  25,  Art.  VI,  Constitution,  238. 
Resolution  223,  to  punish  vagrancy,   603. 
Minority  report  from  committee  on  impeachment,  709. 
Motion  to  extend  privileges  of  floor  to  H.  A.  Livingston,  1330. 
SMITH,  MORGAN  M.,  5,  1781,  1782. 

Ordinance  171,  to  fix  salary  of  Governor,  141. 
Ordinance  172,  to  amend  Sec.  7,  Art.  X,  Constitution,  141 . 
t      Ordinance  173,  to  exempt  cotton  manufactories  from  taxation 

for  ten  years,  141. 
Ordinance  341,   for  equitable     distribution     of     the     surplus 

moneys  arising  from  the  sale  of  fertilizer  tags,  211,  237. 
Resolution  211,  to  reduce  the  fertilizer  tax,  525. 
SOLICITORS. 

Constitutional  provisions,  1702. 
SOLLIE,  MICHAEL,  5,  1781,  1782. 

Nomination  of  T.  J.  Fain  as  assistant  doorkeeper,  22. 
Ordinance   174,   declares  only   persons   of  white   race  eligible 

to  hold  office  or  serve  as  jurors  in  Alabama,  141. 
Ordinance  175,  to  amend  Sec.  38,  Art.  I,  Constituiion,  142. 
Ordinance  176,  to  confer  right  of  suffrage  on  certain  people, 

142. 
Ordinance  207,  to  add  Sec.  29  to  Art.  VI.  Constitution,  153. 
Resolution    313,    extending   sympathy    of    Convention    on    the 

death  of  his  wife,  1414. 
SORRELL,  GEORGE  A.,  5,   1781,  1785. 

Ordinance  47,  to  amend  Sec.  5,  Art.  IV,  Constitution,  89. 


1880  INDEX. 

SPEARS,  N.  B.,  5,  1781,  1785. 

Ordinance  390,  providing  for  a  court  house  and  jail  on  south 

side  of  Bac-.  Bone  Mountain  in  St.  Clair  county,  326,  371, 

489. 
SPRAGINS,  ROBERT  E.,  5,  1781,  1785. 

Ordinance  48,  to  amend  Sec.  1,  Art.  XIII,  Constitution,  89. 
Ordinance  49,  to  amend  Sec.  2,  Art.  XI,  Constitution,  89. 
STANDING  COMMITTEES. 
List  of,  33,  04. 
Names  of  members,  70,  72. 
Places  of  meeting.  111., 
STEERS,   WILLIS   E.,    (colored). 

Petition  from,  as  to  negro  race,  308. 
STENOGRAPHIC   REPORT. 

Resolution  as  to,  23,  30. 

Committee   on,    30. 

Reports  of  Committee,  43,  46. 

Propositions  submitted  by  bidders,  43,  44. 

Errors  noted  in,  80,  112,  198,  230,  358,  359,  425,  443,  465,  663, 

684,   737,   775,   804,   847,   863,   915,   939,   955,   991,   1009,    1023, 

1043,    1068,    1089,    1209,    1225,    1243,    1289,    1378,    1413,    1427. 

1601,  1657. 
Resolution  as  to  correction  of  errors,   112. 
Resolution   86,  directing  cancellation,   137,   146. 
Resolution  105,  to  authorise  auditor  to  pay  official  stenegra- 

pher,   160. 
Resolution  to  require  it  to  show  day  of  week,  etc.,  177. 
Resolution   119,   relates  to   printing  same  in   pamphlet  form, 

189. 
Resolution  to  require  copies  deposited     with     Secretary     of 

State,  74,  233,  234. 
To  provide  an  index  for,  323. 

Resolution  242,  to  regulate  the  official  stenographer,  750. 
Resolution  243,  to  discontinue  the  stenographic  report,  751 . 
Motion  to  expunge,  902. 
Ordinance  446,   to  provide  for  indexing  stenographic   report, 

1196,   1454,   1468. 
Ordinance  447,   to   require  secretary  to  supply  each   member 

of  the  Convention  with  a  bound   copy  of  the  stenographic 

report,  1226. 
Resolutions    282    and    293,    in    reference    to   printing   proceed- 
ings of  three  first  days,  1041,  1245,  1395. 


INDEX.  1881 

STEWART,  J.   H.,  5,  1781,   1785. 

STUDDARD,  8.   L.,   o,   1781,    1784. 

SUCCESSION   IN   THE   OFFICE   OF  GOVERNOR. 

Constitutional   provisions,   1691,   1693. 
SUFFRAGE  AND  ELECTIONS. 

Constitutional    provisions    (Sees.    177-196),    1706. 
SUFFRAGE  AND  ELECTIONS,   COMMITTEE  ON. 

Committee  to  sit  during  session,  207,  230,  237,  510. 

Resolution  178,  to  instruct  committee  to  make  report,  380. 

Report  of  committee  on,  526. 

Minority  report,   537. 

Article    proposed,    527. 

Resolution  213,  to  fix  time  for  consideration,  543. 

Resolution   267.   providing  special   rule  for  the   consideration 
of  report  of  committee,  942. 

Consideration  of  report,  942,  945,  955,  961,  975,  978,  986,  992, 
99V,  1023,  1030,  1054,  1069. 

Reconsideration  of  sundry  sections  proposed,  955,  1004,  1032, 
1036,  1043.  1047. 

Substitute  for  entire  article  offered  by  Mr.  Lowe,  1085,  1089. 

Engrossment  ordered,   1098. 

Third   reading,   1197. 

5,000   copies  of  engrossed   ordinance  ordered   printed,   1209. 

Ordinance    462,    to    provide    for    a    separate    election    on    the 
"grandfather  clause,"  1556. 

Report  on  first  subdivision  of  Sec.  181,  1578. 
SULLIVAN,  J.  J. 

Privilege  of  floor  extended,  525. 
SUPERINTENDENT   OF   EDUCATION. 

Constitutional  provisions,  1686,  1735. 
SUPREME   COURT   LIBRARY. 

Stenographic  reports  to  be  deposited  with,  234. 
TALLADEGA   COUNTY. 

To  provide  for  an  additional  court  house,  1290. 

Ordinance  recommitted,  1379. 
TAXATION. 

Constitutional   provisions    (Sees.   211-219),    1720. 


1882  INDEX, 

TAYLOR,  G.  W. 

Privilege  of  floor  extended,  1353. 
TAYLO-.,  THOMAS. 

Privileges  of  floor  extended,  154. 
TAYLOB,  W.   H.,   5,   1781,   1785. 

Ordinance  178,  regulating  appropriations,  142. 

Ordinance  179,   relating  to  committees  of  General   Assembly, 
142. 

Ordinance  440,  to  amend  the  ordinance  on  State  and  County 
boundaries,  1107. 
THOMPSON,  C.  W. 

Privilege  of  floor  extended,  1216. 
THOMPSON,  J.  F.,  5,  1781,  1782. 

Resolution  to  regulate  drawing  of  seats,  29. 

Ordinance  50,  to  amend  Sec.  3,  Art.  VIII,  Constitution,  90. 

Ordinance  51,  to  amend  Sec.  8,  Art.  XIII,  Constitution,  90. 

Ordinance  287,  to  amend  Sec.  5,  Art.  XIII,  Constitution,  177. 

Ordinance   288,  to  provide  for  the  election  of  Solicitors  and 
county  officers,  177. 

Ordinance  400,  to  provide  for  a  tax  on  collateral  inheritances, 
427. 

Minority  report  from  Committee  on  Impeachments,  709. 
TREASURER,  THE   STATE. 

Constitutional   provisions,   1686. 
TROUP,  L.  P. 

Privileges  of  floor  extended,  1654. 
TROY,   TOWN   OF,   1180,    1183,   1319,    1723. 
TRUSTS. 

Petition  against,  313. 

Constitutional  provisions  as  to    (Sec.   103),  1682. 
TUSCUMBIA,  TOWN  OF,  1167,   1213.  1727. 
TURPIN  LOUIS  W. 

Privileges'  of  floor  extended,   1115. 
TUSKEGEE  NEWS. 

Resolution  of  thanks,  1429. 
UNDERWOOD,  OSCAR  W. 

Privileges  of  floor  extended,  1353. 
UNION  LABOR. 

Resolution  219,  to  require  Convention  printing  to  be  done  by, 
579,  761,  1388. 


INDEX.  1888 

UNIVERSITY  OF  ALABAMA. 

Government  of,  728,  730,  1336,  1337. 

Provisions  as  to  annual  interest  on  University  funds,  1373. 
Constitutional  provisions  as  to,  1735,  1736,   1737. 
VACANCY   IN  OFFICE. 

Constitutional  provisions   (Sec.  136).  1695. 
VAUGHAN,  WAiKINS  M.,  5,  1781,  1782. 

Resolution    87,    relating    to    order    of    introduction    of    ordi- 
nances, 137,  182,  186. 
Ordinance  181,  to  amend  Sec.  27,  Art.  IV,  Constitution,  142. 
Minority   report   from   Committee   on   Executive   Department, 

216,  277. 
Resolution  176,  to  fix  time  for  consideration  of  report  of  Com- 
mittee on  Preamble,  etc.,  370. 
VETO  POWER. 

Constitutional    provisions,    1690. 
VIRGINIA    CONSTITUTIONAL    CONVENTION. 
Resolution   ^45,   to  extend   greetings,   258. 
Greetings  to  the  Alabama  Convention,  338. 
WADDELL,  BOSWELL,  DeG.,  5,  1781,  1785. 

Ordinance  60,  to  provide  for  working  the  public  roads  of  the 

State,  101. 
Ordinance  61,  to  give  power  to  General  Assembly  to  pass  laws 
governing   the   gathering   and   marketing   of   larm    produce 
raised  in  this  State,  101. 
•  Ordinance  292,  to  amend  Art.  VI,  Constitution,  191. 

Resolution  200,  to  limit  length  of  speeches,  512. 
Resolution  225,  to  fix  hour  of  adjournment,  625. 
Resolution    283,   to   authorize    Secretary   to   employ   a   compe- 
tent person  to  enroll  Constitution  on  parchment,  1067. 
Question  of  privilege,  1330. 

Resolution   337,   tenders   thanks   to   clerical   force   of  Conven- 
tion,  1658. 
WALKER,   RICHARD  W.,   5,   1781,   1782. 
Permitted   to   select  seat,   29. 
Ordinance    52,    to    regulate    the    mode    of    compensating    the 

Clerk  of  the  Supreme  Court,  90. 
Ordinance  53,  to  amend  Art.  XVII,  Constitution,  90. 
Ordinance  184,  to  fix  the  term  of  office  of  the  Chief  Justice 

and  Associate  Justices  of  Supreme  Court,  143. 
Orclinance  185.  to  amend  Sec.  17,  Art.  VI,  Constitution,  143. 


1884  INDEX. 

WALLER,  CHARLES  E. 

Privileges  of  floor  extended,   287. 
WASHINGTON,  BOOKER  T.,   (colored). 

Memorial   from..  109. 
WATTS,  THOMAS  H.    5,  1781,   1785. 

Resolution  declaring  who  entitled  to  floor  of  Convention,  39, 
107. 

Resolution   directing  oflScial     stenographer     to     deposit     250 
copies  of  official  report  with  Secretary  of  State,  74. 

Ordinance  54,  to  amend  Sec.  23,  Art.  IV,  Constitution,  90. 

Ordinance   55,    relating   to    Suffrage   and   Elections,    90. 

Ordinance  159,  to  amend  Art.  VI,  Constitution,  120. 

Ordinance  158,  to  amend  Sees.   12,  13,  15,  25  and  26,  Art.  V, 
Constitution,  120. 

Ordinance  159,  to  amend  Sees.  13,  15,  17,  27,  31,  39,  52  and  56, 
Art.   IV,   Constitution,   121. 

Resolution    101,   to   provide    for   printing   reports   of   commit- 
tees, 152,  182,  187. 

Ordinance  277,  to  amend  Art.   Ill,  Constitution,   176. 

Ordinance  278,  to  amend  Sees.  11,  12,  13,  14,  15  and  21,  Art. 
I,   Constitution,   176. 

Ordinance  313,  to  amend  See.  7,  Art.  XI,  Constitution,  193. 

Ordinance  314,  to  amend  See.  4,  Art.  XI,  Constitution,  193. 

Ordinance  315,  to  amend   Sees.  1,   2  and  7,  Art.  X,  Constitu- 
tion,  194. 

Ordinance  316,  to  add  a  section  to  Art.  X,  Constitution.  191. 

Ordinance   317,    relating  to   corporations,    194. 

Ordinance  318,  to  amend  Art.  VIII,  Constitution,  194. 

Ordinance   330,   to   require  the  General   Assembly   to   enlarge 
the  Capitol  grounds,   204. 

Ordinance  362,  to  amend  Sec.  8,  Art.  XIV,  Constitution,  239. 

Resolution  144,   relates  to  the  succession  in  office  of  Gover- 
nor, 259. 

Motion  to  table  resolution  condemning  the  Montgomery  Ad- 
vertiser. 287. 

Resolution  196.  to  extend  privileges  of  floor  to  Hilary  A.  Her- 
bert, 463. 

Question  of  privilege.  864. 

Resolution  341,  extending  thanks  to  ladies  of  White  House  As- 
sociation, 1659. 


INDEX.  1885 

WEAKLEY,   JOHN    B.,   5,    1781,    1785. 

Ordinance  186,  to  provide  for  the  organization,  classification 
and  government  of  villages,  towns  and- cities,  143,  414. 

Ordinance    187,    to    permit    municipalities   having    more    than 
2,000  inhabitants  to  establish  Municipal  Courts,  143. 

Ordinance    188,    to   limit   indebtedness   of   municipal    corpora- 
tions,  143. 

Ordinance  258,  to  amend  Sec.  4.  Art.  XI,  Constitution,  173. 

Ordinance    319,    relating    to    the    construction    of    street    rail- 
ways, etc.,  194. 

Report  from  Committee  on  Municipal  Corporations,   194. 

Resolution    145,    to    extend    greetings    to    the    Constitutional 
Convention  of  Virginia,  258. 

Report  from   Committee  on  Municipal  Corporations,   407. 
WEATHERLY.   JAMES.   5.   1781.   1784. 

Resolution  to  permit  certain   delegates  to  select  their  seats, 
29. 

Resolution    91,    relating   to    binding    force    on    Convention    of 
certain  sections  of  act  calling  same,  138. 

Resolution  336,  extends  thanks  to  John  B.  Knox  for  his  dis- 
tinguished services  to  the  people  of  Alabama  as  President 
and  member  of  the  Convention,  1658. 
TAXATION,  COMMITTEE  ON. 

Report  of  committee  on,   268. 

Article  proposed  by,   270. 

Ordered   printed,   268. 

Resolution  to  fix  time  to  consider  report,  287. 

Consideration  of  report,  422.  454,  457,  499,  502,  504,  511,   516, 
540,  545,  547,  568,  571,  589,  598,  606,  612,  1213. 

Amendments  to  report,  616,  620. 

Supplemental  report  848. 

Third   reading,    1250. 
WEST   FLORIDA. 

Annexation  of,  lz6,  447. 

Resolution  to  extend  privilege  of  floor  of  Convention  to  J.  J. 
Sullivan,  of  West  Florida,  525. 

Ordinance  419,  to  provide  for  the  issuance   of  bonds   in  the 
event   of   the   annexation   of   any    foreign    territory    to    the 
State  by  purchase,  723. 
WHEELER.   GEN.    JOSEPH. 

Privileges  of  floor  extended,  31. 


1886  INDEX. 

WHITE,   FRANK  ^.,  5,  1781,   1782. 

Remarks  in  opposition  to  motion  of  Mr.  Long,  24. 

Ordinance  209,  to  regulate  suffrage  and  elections,  15c! . 

Minority  report.  Committee  on  Suffrage  and  Elections,  537, 
683,  992. 

Resolution  228,  to  appoint  a  Committee  on  Engrossment,  625. 

Resolution  229,  to  print  300  copies  of  the  articles  of  the  Con- 
stitution after  they  have  been  adopted,  626,  683. 

Resolution  311,  relates  to  delays  in  printing  for  the  Conven- 
tion, 1380. 

Ordinance  459,  to  pay  certain  claims  therein  named,  1480. 

Ordinance  460.   to  authorize  the  Legislature  to  revise,  alter, 
amend,  or  repeal  all  ordinances,  etc.,  adopted  by  the  Con- 
vention, not  incorporated  in  the  Constitution,   1555. 
WHITESIDE,  W.  W..  5,  1781,   1784. 

Ordinance  56.  to  fix  the  qualification  of  Superintendent  of 
Education,  90. 

Ordinance  192,  to  repeal  Sec.  38,  Art.  I.  Constitution,  144. 

Ordinance  193,  to  amend  Sec  56.  Art.  IV,  Constitution,  144. 

Resolution  113,  relates  to  payment  of  delegates  to  the  Con- 
vention, 163. 

Ordinance  276,   relating  to  municipal  corporations,   176. 

Ordinance  391,  to  prevent  discrimination  in  privilege  taxes. 
326. 

Ordinance  441,  to  amend   Sec.  3.  Art.   II,  Constitution,   1107. 
WHITSON,  C.  C. 

Privilege  of  floor  extended,  1379. 
WILLETT.  E.  D..  5.  1781,  1785. 

Ordinance  194,  to  require  all  officers  authorized  by  the  Con- 
stitution to  be  elected  by  the  people,  144. 

Ordinance  195,  to  make  the  directors  of  insolvent  corporations 
trustees  of  the  assets  of  said  corporation  for  the  benefit  of 
all  creditors,  144. 

Resolution    215,    by    Mr.    Cobb,    extending   congratulations    of 
Convention  on  his  marriage,  554. 
WILLIAMS,  A.  E.    (Elmore),  5,  1781.  1784. 

Resolution  93,  to  appoint  a  special  committee  to  be  known  as 
Pensions  Committee  for  Confederate  soldiers,  138. 

Resolution   94,  to  appoint  further  standing  committees.   139. 

Ordinance  201,  to  prohibit  any  change  in  Preamble  and  Art. 
I,  of  Constitution,  145. 


INDEX.  1887 

Resolution    101,    relates  to   representation,   201 . 

Resolution  137,  relates  to  distribution  of  poll   .ax,  209. 

Resolution  140,   provides  that  no  poll  tax  or  other  privilege 
tax  be  required  of  voters,  231 . 

Resolution  282,  to  print  the  stenographic  report  of  the  first 
three  days'  proceedings  of  the  Convention,  1041. 

Resolution  293,  same,  1245.  , 

WILLIAMS,   GESNER    (Marengo),   5,   1781,   1785. 

Ordinance  57,  to  abolish  Justice  of  the  Peace  offices  in  towns, 
villages  and  cities,  90. 

Ordinance  147,  to  regulate  the  powers  of  corporations,  119. 

Ordinance  148,  to  prohibit  the  State  of  Alabama  from  engag- 
ing in  certain  business,  119. 

Ordinance   149,   to  provide  for  jury  trials,   119. 

Resolution  73,   fixing  date   for  adjournment,   125. 

Resolution    117,    relates   to   government   of   State   educational 
institutions,  188. 

Ordinance  331,  to  regulate  the  conveying  of  homesteads,  exe- 
cutory contract,   204. 

Ordinance  363,  relates  to  exemption  from  taxation,   239. 

Ordinance  381,  to  establish  a  whipping  post,  306. 

Resolution  169,  to  provide  an  index  for  the  stenographic  re- 
port, 323,  587. 

Resolution  232,  to  extend  privilege  of  floor  to  Bernard  Har- 
•  mond,  663. 

Motion  on  report  of  Committee  on  Reduction  of  Expenses,  778. 

Resolution  249,  to  regulate  motions  to  reconsider,  804. 

Resolution  270,  to  print  3,000  copies  of  speech  of  Gregory  L. 
Smith,  981. 
"  Ordinance  434,  relating  to  the  voting  of  transients,  986. 

Resolution  284,  to  amend  Sec.  29,  Article  on  Judiciary,  1088. 

Ordinance  438,   relates  to   removal   of  county  seat  of   Shelby 
County,    1089. 

Ordinance  443,  to  make  Solicitors  ineligible  to  succeed  them- 
selves, 1148. 

Ordinance  446,   to  provide  for  indexing  the  stenographic   re- 
port, 1196,  1454. 

Resolution  292,  to  fix  hour  of  adjournment,  1226. 
WILLIAMS,  JERE  N.,  5,   1781,  1782. 

Minority  report  from  Committee  on  Education,   731. 


1888  INDEX. 

WILSON,  E.  P.   (Washington),  5,  1781,  1785. 

Ordinance  203,  as  a  substitute  for  Sec.  7,  Art.  V,  of  Constitu- 
tion, 145. 

Ordinance  204,  to  amend  Sec.   25,  Art.  VI,  Constitution,   145. 

Ordinance   205,   relating  to  election  of  officials,   145. 

Minority  report  from  Committee  on  Preamble,  etc.,  367,  G36. 
WILSON,  MASSEY   (Clarke),  5,  1781,  1784. 

Ordinance   58,    to   define   qualifications   of   voters   iu   primary 
elections,  90. 

Resolution  95,  to  authorize  Secretary  of  Convention  to  pur- 
chase supplies,  139,  155,  158. 

Resolution  96,  relating  to  clerks  of  committees,   139. 

Ordinance  145,  to  amend  Sec.  9,  Art.  VI,  Constitution,  145. 

Resolution   141,  to  amend  subdivision  6,   rule    22,   231,   259. 

Report  of  Committee  on  Militia,  909. 

Motion  to  extend  privileges  of  fioor  to  R.  D.  Poole,  1275. 
WINN,  JAMES   J.,  5,   1781,   1784. 

Resolution   97,   relating  to   the  form  of  ordinances,   139,   182. 
187. 

Ordinance   403,    regulating   powers   of   the    Railroad    Commis- 
sioners, 446. 
WOMAN'S  SUFFRAGE,  1187,  1212. 

Address  on,  by  Miss  Frances  Griffin,  241. 
WOOD,   J.   R. 

Privilege  of  floor  extended,  1043.  * 

WOOD,  JOHN  B. 

Privilege  of  floor  extended,  1043. 
WOODLAWN,   TOWN  OF,   1180,  1185,  1318,   1723. 
WYLAM,   TOWN   OF,   1318,   1723. 


rO  08539 


RETURN     DOCUMENTS  DEPARTMENT                     ' 

TO— ^     350  Main  Library                642-2569 

LOAN  PERIOD  1 
7  DAYS 

2                          : 

3 

4 

5                                ( 

b 

ALL  BOOKS  MAY  BE  RECALLED  AFTER  7  DAYS 

DUE  AS  STAMPED  BELOW 

'u:\i  i       r 

\ 


UNIVERSITY  OF  CALIFORNIA,  BERKELEY 
FORM  NO.  DD7,  1  2m,  3/78  BERKELEY,  CA  94720 


®$ 


